Stalking

• Author: Jeffrey Lehman, Shirelle Phelps

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Criminal activity consisting of the repeated following and harassing of another person.

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Stalking is a distinctive form of criminal activity composed of a series of actions that taken individually might constitute legal behavior. For example, sending flowers, writing love notes, and waiting for someone outside her place of work are actions that, on their own, are not criminal. When these actions are coupled with an intent to instill fear or injury, however, they may constitute a pattern of behavior that is illegal. Though anti-stalking laws are gender neutral, most stalkers are men and most victims are women.

Stalking first attracted widespread public concern when a young actress named Rebecca Shaeffer, who was living in California, was shot to death by an obsessed fan who had stalked her for two years. The case drew extensive media coverage and revealed how widespread a problem stalking was to both celebrity and noncelebrity victims. Until the enactment of anti-stalking laws, police had little power to arrest someone who behaved in a threatening but legal way. Even when the suspect had followed his victim, sent her hate mail, or behaved in a threatening manner, the police were without legal recourse. Law enforcement could not take action until the suspect acted on his threats and assaulted or injured the victim.

How to Stop a Stalker

Although antistalking laws give police and prosecutors the tools to arrest and charge stalkers with serious criminal offenses, victims of stalking have an important role to play in making these laws work. Law enforcement officials, DOMESTIC VIOLENCE counselors, and mental health professionals offer the following advice to victims on how to stop a stalker:

now the law. Because antistalking laws are new, some police officers may not know how the laws work. A stalking victim should visit the public library or a county law library and obtain a copy of the state's antistalking law. Victims should show the police the law when filing the stalking complaint and ask whether they should first seek a protective order against the stalker. In some states a violation of a protective order converts a stalking charge from a misdemeanor to a felony.

Cooperate with prosecutors. Many stalking victims refuse to prosecute the stalker, thereby leaving themselves vulnerable to continued threats and violence. Some victims fear that prosecution will provoke worse behavior from the perpetrator. Nevertheless, victims should use the legal system and break any bond that may exist between themselves and the stalker.

Protect yourself. Persons who are stalked should take steps to protect themselves and those around them. Neighbors and coworkers should be informed about the stalker, be given a photograph of the suspect, and be instructed on what to do if the stalker is sighted. Security officers at the victim's workplace should be provided with this information. Caller ID, which identifies telephone callers, should be installed on the victim's telephone. If the...