MHA Stalking Presentation for Clery Center 25th Anniversary Program

Stalking on Campus

Understanding Reporting & Investigative Opportunities

© Margolis Healy & Associates, LLC

Agenda

•Introductions

•Context

•Law Enforcement Investigations

•Threat Assessment

•Safety Planning


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Impact on Victims

“It’s going to take getting a bullet put in my head before people understand how serious this is.”

Statement by Peggy Klinke made one month before she was killed in January

2003


What is Stalking?

• Stalking generally refers to repeated harassing or threatening behavior putting another person in fear

• Experiencing repeated, obsessive, and frightening behavior that made the victim afraid or concerned for safety


Stalking is a...

Course of Conduct Crime

not

Incident Based Crime


Prevalence of Stalking

• Estimated 6.6 million people are stalked annually

- Stalking Victimization in the United States, BJS (2011)

• 1 out of every 4 U.S. Women and 1 out of every 19 U.S. men has been stalked at some point

- National Violence Against Women Survey (2011)

• 13.1% of college women were stalked during one semester of college.

- The Sexual Victimization of College Women (2000)

• Individuals under 25 experience the highest rates

National Stalking Resource Center


Prevalence - Femicide Study

• 76% of femicide cases involved at least one episode of stalking within 12 months prior to the murder

• 85% of attempted femicide cases involved at least one episode of stalking within 12 months prior to the attempted murder

- McFarlane et al. (1999). “Stalking and Intimate Partner Femicide,” Homicide Studies


IPV and Stalking

• 81% of stalking victims who were stalked by an intimate partner reported that they had also been physically assaulted by that partner

• 31% were also sexually assaulted by that partner

- National Violence Against Women Survey (1998)


Stalking Victims


0% 20% 40% 60% 80% 100%

Other

State Police

County Sheriff

Municipal/Local/City Police/911

Campus Police

Reported to Law Enforcement

Both On/Off-Campus Stalking Off-Campus Stalking On-Campus Stalking

0% 20% 40% 60% 80% 100%

Other

State Police

County Sheriff

Municipal/Local/City Police/911

Campus Police

Reported to Law Enforcement

Both On/Off-Campus Stalking Off-Campus Stalking On-Campus Stalking

Stalking Reported to LE

- The Sexual Victimization of College Women (2000)


Gender of Offenders

Female Victims

Female Victims

Female Offender

Male Offender67%

24%

Male Victims

Male Offender

Female Offender

Male Victims

41%

43%

- Stalking Victimization in the United States, BJS (2009)


Stalking Suspects

• 94% of female victims were stalked by men

• 60% of male victims were stalked by men

• Overall, 87% of stalkers were men

Why is this relevant to a police investigation??


Stalking on Campus

• Stalking incidents lasted an average of 60 days

• 30% of victims were stalked only off campus

• 66% of victims reported being stalked at least 2 – 6 times per week

- National Sexual Victimization of College Women Survey (2000)


Reports to Law Enforcement

• 54% of femicide victims reported stalking to police before they were killed by their stalkers

• 46% of attempted femicide victims reported stalking to police before the attempted murder

LETHALITY


Recognition of Stalking

• Report of harassing behavior should raise stalking flag

• Check whether incident is isolated or repeated conduct, although a mere report of harassing conduct should be cause to assume the likelihood of prior behavior

• If a victim expresses fear of suspect, these fears should be taken seriously and inquiry should be made to determine the origin of the fear


Case Study 1

John Doe (college age male) is caught touching himself while watching a woman shower in a residence hall. Upon investigation, campus police learn that he has been caught peering in windows, etc., at 4 women at other universities and colleges in 4 other states.

What do we know?


Investigative Challenges

• Difficult to identify / officer misconceptions

• Criminal acts in multiple jurisdictions (police, law enforcement, victims)

• Multiple victims?

• Ongoing crime w/ varying activity levels over several years

• Few witnesses & little evidence

• Technology

• Police response cannot guarantee it will stop

BUILD THE CASE


Investigative

Opportunities

• Stalking is a course of conduct (ongoing, long-term crime)

• Same victim, offender, locations?

• Suspects often confess (they want to tell you how/why they are being misunderstood)

• Police understand stalkers...

• Technology


Case Study II

A female student changes residence hall floors in the same building. She notices that the clock radio in the bathroom on the 5th floor is the same, unique looking clock radio that was in the bathroom on the 2nd floor, where she used to live. Suspicious, she calls campus police…

What do we know?


Threat Assessment

Every professional at every stage of a stalking case must be constantly

assessing the threat


Threat & the Status Quo

A change in the status quo raises the threat.

Risk is high when:

- Protective order is served

- Following arrest

- Trial date approaching

- Upon receipt of “no contact” letter from victim

- Following any contact with law enforcement

- Stalker loses job


Threat Assessment

• How well does suspect know victim?

• Is victim in fear? Why? Victim’s family, friends, coworkers?

• Is victim naive about the danger?


Threat Assessment

• Develop a timeline of stalking events

• Look for escalation

letters

Dead roses

Threatening call

Showed up at gym Parked across

street all nightCat

poisoned

6/6/11 6/8/11 6/12/11 6/15/11 6/20/11 6/25/11


The next phase in the violence relationship...


Stalkers don’t just go away

This is the address of the jail.

This was addressed to the victim


Advantages of Charging “Stalking”

• To prove a Course of Conduct, the state may introduce evidence that would otherwise be inadmissible

• If viewed within the correct context of the law, stalking statutes can criminalize seemingly benign behaviors

• When properly investigated and charged aggressively, stalking cases can save lives


Important to Remember...

• Any type of crime or any type of noncriminal act directed toward the victim can be part of a stalking case

• The law criminalizes non-criminal behavior


Safety Planning – Goals

1.Reduce risk of encounters with the stalker

2.Create contingency plan for what to do if the victim does encounter the stalker


Safety Planning - Guiding Principles

• The victim is responsible for her own safety

• Law enforcement can provide the tools to protect herself/himself

• Victim must be proactive in planning for his/her safety

• Safety planning is case specific


Strategic Considerations

• Safety planning begins at initial contact through duration of case

• Communicate regularly with victim

• Keep victim actively involved in safety planning

• Safety plan must continue to focus on what victim feels will work

• Assess victim’s environment—home, work, school, routines

• With criminal charges, keep victim apprised of case/defendant status, and release (when applicable)


Strategic Considerations

• Encourage victims to report new offenses, and fully inform victim of actions and reasons for them

• Be prepared to intercede for victim if planning puts victim’s job in jeopardy

• Activate victim’s social supports

• Involve children in planning process

• Victim should carry cell phone (and battery)

• Discourage victim from contacting stalker


Things to remember…

• Focus on the victim

• Ask victim how she interprets the behavior (might not seem threatening to you or me, but to her…)

• If victim senses she is in danger… LISTEN!

• If the victim OR YOU suspect that the stalker/abuser has too much “inside” info… he probably does!


4 things to always strive for

1. Making victims feel it is safe & appropriate to report stalking

2. Recognizing stalking when we encounter it (even if the victim doesn’t)

3. Making victims safer from stalkers

4. Policy connection


Resources

•Stalking Resource Center (www.ncvc.org/src)

•National Higher Education Center (www.higheredcenter.org)

•www.margolishealy.com

•www.campussentinel.com

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http://www.ncvc.org/src

http://www.higheredcenter.org/

http://www.MargolisHealy.com/

http://www.campussentinel.com/


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Contact

Dr. Gary J. Margolis

[email protected]

1-866-817-5817

mailto:[email protected]