addressing stalking, cyberstalking and campus safety...some important statistics ! 6.6 million...

Addressing Stalking, Cyberstalking and Campus Safety

2nd Annual ATIXA Conference 2013

presented by

SAUNDRA K. SCHUSTER, ESQ.

www.ncherm.org

Understanding Stalking 2

© 2013 ATIXA all rights reserved

How Do We Define Stalking?

¨  NCHERM has adopted The Stalking Resource Center’s* definition of stalking as:

“Stalking is a course of conduct directed at a specific person that would cause a reasonable person to feel

fear” ¨  A course of conduct is a pattern of behavior composed

of two or more acts over a period of time ¨  A reasonable person standard is judged in similar

circumstances

*The Stalking Resource Center is a program of the National Center for Victims of Crime


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Types of Stalking Behaviors

¨  Non-consensual communication that includes: in-person, e-mail, phone, voice message, text messages, social networking postings, instant messages, blogs, pictures on web sites, written letters, gifts, cards or other communication

¨  Following, pursuing, waiting, showing up uninvited at a workplace, place of residence, classroom, gym or other location frequented by victim

¨  Surveillance and other types of observation, whether in person or by electronic means


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More Stalking Behaviors

¨  Trespassing ¨  Vandalism ¨  Non-consensual touching ¨  Direct physical or verbal threats against a victim or a

victim’s family ¨  Gathering information about a victim from family,

friends, co-workers and classmates ¨  Manipulative and controlling behaviors such as

threats to harm oneself or threats to harm someone close to the victim


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Some Important Statistics

¨  6.6 million people were stalked during a 12 month period of 2010-2011*

¨  Stalking impacts 1 in 6 women and 1 in 9 men

¨  Persons ages 18-24 experienced the highest rates of stalking victimization*

¨  Research shows higher rates of stalking among college women than the general population#

¨  13% of college women are stalked#

¨  83% of stalking incidents are not reported to police#


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More Important Statistics

¨  76% of intimate partner femicide victims have been stalked by their intimate partner^

¨  2/3 of female victims have been stalked by a current or former intimate partner; men are primarily stalked by an intimate partner or an acquaintance+

¨  Repeated unwelcome phone calls, voice or text messages is most common stalking tactic

*2009 Bureau of Justice Statistics Special Report

# National College Women Victimization Study

+ Center for Disease Control and Prevention

^ Stalking and Intimate Partner Femicide


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Why Are Our Schools a Perfect Environments for Stalkers?

¨  Campuses are closed environments where it’s easy to determine a student’s schedule and contact information

¨  Campuses have a high social atmosphere where stalking behaviors can easily become confused with romantic attention

¨  A student’s movement through campus is predictable and access to where they are is relatively easy


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Stats on Impact of Stalking on Target

¨  46% of stalking victims fear not knowing what will happen next

¨  29% of stalking victims fear the stalking will never stop

¨  1 in 8 employed stalking victims lose time from work as a result of the stalking (more than half lose 5 days)

¨  1 in 7 stalking victims move as a result of the victimization

Eric Blauuw et al, “The Toll of Stalking” Journal if Interpersonal Violence, 17, no 1 (2002)


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Victim’s Reactions to Stalking

¨ 43% avoided or tried to avoid stalker ¨ 16% confronted stalker ¨ 9% did not acknowledge messages/e-mail ¨ 6% became less trustful/more cynical ¨ 5% got caller ID ¨ 4% improved security system of residence ¨ 4% traveled with a companion ¨ 4% sought restraining order ¨ 3% filed a grievance with university ¨ 3% sought psychological counseling

- The Sexual Victimization of College Women (2000) © 2013 ATIXA all rights reserved

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Effects of Stalking

¨  Self-blame ¨  Guild, shame, embarrassment

¨  Frustration, Anger

¨  Shock and confusion

¨  Fear and anxiety

¨  Depression ¨  Isolation/disconnection

¨  Suicidal ideations

¨  Hyper vigilance

¨  Decreased ability to perform at work or school

¨  Inability to accomplish daily tasks

¨  PTSD

¨  Sleep disturbance, nightmares ¨  Sexual dysfunction

¨  Fatigue

¨  Self medication with alcohol or drugs

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What Victims of Stalking Want Us to Know

¨  Stalking incidents often look like flirting or flattery at first – the stalker is given the benefit of the doubt

¨  That in addition to presenting a continual threat of physical or sexual violence the stalker erodes a victim’s sense of safety and personal control

¨  Victims are generally unsure about what to do to stop the stalker

¨  Too often the victim and others who have knowledge of behavior minimize it thus allowing it to increase in intensity


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Important Considerations

¨  Stalking language is embedded in our culture ¤ “I’m stalking a sweater on-line” ¤ “I’m stalking you for an overdue project”

¨  We need to be aware of this minimization and normalization of stalking language and behavior

¨  We must consider what barriers exist to prevent stalking on our campuses

¨  We need to recognize that stalking nearly always occurs with other crimes or policy violations


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© 2013 ATIXA all rights reserved 15

Everybody’s Stalking Badly Drawn Boy

Stalking You on MySpace Jon B

I Will Possess Your Heart Death Cab for Cutie

One Way or Another Blondie

Escape Enrique Iglesias

In My Mind Heather Headley

What Else Do We Need to Know?

¨  Stalking is not a one-time event, but a series of events that can (and frequently do) lead to violence

¨  Stalking often occurs in the context of both dating violence and sexual assault ¤  The national study on Sexual Victimization of College Women

demonstrated that 43% of victims were stalked by a current or former boyfriend and 10% of the victims reported that their stalker forced or attempted sexual contact

¨  In a relationship of domestic violence the offender often uses stalking to regain or maintain the relationship and control the victim


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What Else is Important to Know?

¨  Studies by David Lisak and Paul Miller show that perpetrators of stalking based sexual assaults engaged in pre-meditation and were repeat offenders who used “stalking strategies” to select and ensure the vulnerability of their victims ¤ Stalking strategies includes tracking, surveillance and

various forms of on-line and in person information gathering


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Understanding Stalking

¨  There are two types of stalking: love obsession and simple obsession ¤ Simple obsession is most common, this type of stalking

involves someone with whom the stalker had a previous personal or romantic relationship n The stalker’s self-esteem is tied to the victim and they can

be motivated by a perceived slight or injustice

¤ Love obsession involves a fixation on someone they have no relationship with, such as celebrity obsession


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Why Do People Stalk?

¨  Seeking affection ¨ Rejection ¨ Obsession ¨  Power & Control ¨  Planning to commit a crime ¨ Because they can ¨ What are other reasons for stalking?


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Phases of Stalking

¨  Generally stalking occurs in three phases: ¤  Initial pursuit “I can prove my love” or “I can make you

love me” ¤ Violence “If I can’t have you no one can” ¤ “Honeymoon” Phase where the stalker temporarily

reverts to less violent behavior

¨  Stalking is nearly always on an upwards trajectory toward violence


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Using Technology to Stalk

¨  More than 1 in 4 victims reported some form of technology used ¤ 83% email ¤ 35% instant messaging (IM) ¤ 7% electronic monitoring of some kind


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Examples

¨  Phones ¨  Texting ¨  Cameras ¨  Global Positioning Systems (GPS) ¨  Computers ¨  Email & IM ¨  Spyware ¨  Assistive technologies ¨  Social networking sites © 2013 ATIXA all rights reserved

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E-Mail

¨ How do stalkers use email? ¤  Send email ¤  Intercept and monitor email ¤  Impersonate victim and send offensive messages to others


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Instant Messaging

Where am I?

At Library – 3rd Floor Stacks

What Exists to Address Stalking?

¨  Federal Cyber Anti-Stalking Act (March 20, 2008) ¤  Prevents anyone from using the internet without disclosing

his identity with the intent to annoy ¨  National Predators and Prey Alert

¤ Allows law enforcement to interact with a victim’s computer and view all incoming messages from the stalker

¨  Stalking is a crime in all 50 states

¨  15 states classify stalking as a felony on the first offense and 34 states classify stalking as a felony upon second offense or when there are aggravating factors


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Recommended Campus Response

¨  Develop and strictly enforce a Stalking Policy ¨  Engage in widespread publication of stalking

prohibitions and institutional responses ¨  Identify “safe space” for both reporting and for

protection ¨  Engage in training across campus (incorporate with

sexual misconduct training) ¨  Provide prevention training ¨  Provide advocacy resources © 2013 ATIXA all rights reserved

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Importance of a Policy

¨  Development of a comprehensive policy prohibiting stalking is essential ¤ The VAWA law will mandate such policies

¨  Why have a policy? ¤  It will demonstrate an institutional commitment to the

issue of stalking ¤  It will be used as a prevention tool to inform the campus

about stalking ¤  It would provide guidelines for reporting, support and

responding © 2013 ATIXA all rights reserved

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What Would be in a Policy?

¨  A definition of stalking ¨  A list of common stalking behaviors ¨  Jurisdiction the institution will take to address

stalking ¨  Who will be covered by a stalking policy ¨  The inclusion of electronic types of stalking as

prohibited conduct ¨  Safety accommodations and protections ¨  Specific reporting procedures © 2013 ATIXA all rights reserved

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Policy Considerations

¨  Will it be a part of your Sex & Gender Misconduct Policy? ¤ This would provide for a Title IX based response

¨  Don’t use your state’s criminal code language for your policy

¨  Be clear about your jurisdiction and to whom it applies

¨  Specific list and clear definitions of prohibited conduct is essential


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Responding to Stalking Allegations

¨  It’s important to always view an allegation of stalking from the perspective of the victim ¤  It’s important to determine if the target of the stalking

tried to set a boundary that the stalker continues to ignore

¨  Recognize that the recidivism rate for stalkers is high (over 60%) and therefore action to stop and to prevent the recurrence is critical


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Safety Accommodations

¨  No contact orders ¨  Provide alternative housing opportunities ¨  Interim actions ¨  Refer to law enforcement ¨  Provide resources for medical and/or psychological

support ¨  Provide escort to class and/or parking


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Advocacy

¨ Provide support and validation for the victim

¨ Provide information and options

¨ Assist victims in navigating judicial/discipline, criminal and civil justice systems

¨ Assist victims with safety planning


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Training for Stalking Prevention

¨  Never open suspicious emails or attachments ¨  Vary your routes when going to class or work ¨  Google your name to find out what personal

information is easily retrieved about you ¤  Insure your residence, phone number, e-mail and other

personal information is not available on social networking sites

¤ Limit other personal information that you make available on social networking sites


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Training for Self Care for Victims

¨  Inform the Title IX Officer ¨  Document everything (text messages, e-mails, phone

messages) ¨  Express your concern verbally and in writing. Tell

the stalker to stop one time and have no further contact

¨  Give friends, family, neighbors, professors the name and a description of the stalker

¨  Inform the police


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Self Care Initiatives for Victim of Stalking

¨  Seek a protective/restraining order ¨  Develop a “Safety Plan” that addresses various

parts of the victim’s life (home, school, work), ex. Having someone screen your calls, watch your house

¨  Keep a stalking log ¨  Work closely with a victim’s advocate ¨  Put a block on school information with your

Registrar ¨  Have a contingency plan to seek protection © 2013 ATIXA all rights reserved

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Sexual Misconduct Scenario

¨  A student worker in your office shows you 45 text messages that her boyfriend sent her last night while she was at the library. He wanted to make sure he knew where she was.

¨  Is this a Title IX matter? ¨  Does your policy address this? ¨  Should you contact campus police? ¨  What would be the appropriate steps to take?


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¨  What if the final few messages threaten physical violence?


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THANK YOU!

Questions?

[email protected]


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addressing stalking, cyberstalking and campus safety...some important statistics ! 6.6 million...

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