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Stalking
(The following paper is the Anaheim Police Department's Training Bulletin regarding the topic which was presented at April 9, 1994 SCAFO meeting)
Speaker JIM CONLEY STALKERS Stalkers can be men or women, rich or poor. Over 80% of all stalkers suffer from some form of psychiatric problem (i.e., schizophrenia, manic depression, or erotomania). There are three main categories of stalkers: 1. Simple Obsessional -- Suspect, usually male, knows the victim as an ex--spouse, ex--lover, or former boss and begins a campaign of harassment. 2. Love Obsessional -- Suspect is a stranger to the victim, but is obsessed with the victim and mounts a campaign of harassment to make the victim aware of the stalker's existence. 3. Erotomania -- Suspect, usually female, falsely believes the victim, usually someone famous or rich, is in love with them. Of the three types of stalkers, the Simple Obsessional are the most dangerous, because they are the most likely to carry out their threats. VICTIMS Stalker victims can be either men or women, but women are frequently the victims. Most victims are private citizens and not public figures, but all victims share the feeling that they have lost control of their lives due to the harassment of the stalker. Occasionally, you will encounter a victim who falsely reports being stalked. The False Victim Syndrome results from the conscious desire to be placed in the role of a victim, but this syndrome is rare.
INTERVENTION IS THE KEY TO A Stalkers are clever and manipulative, so reason and negotiation have not been effective ways of dealing with them. Intervention has been shown to produce the best results. The first step to a positive intervention begins with a thorough investigation and complete documentation of your findings. Be certain to document the repetitiveness of the unwanted contacts, threats, and harassment which are elements in most stalking--related crimes. Victim assistance is an important element in intervention. The officers need to explain to the victim that the stalking is not their fault and that a solution to the problem may take a long time to work out. The officer should point out that the victim can help in the process by participating in counseling, joining support groups, and by modifying some of his or her behaviors. Victims should: 1. Learn, to say “NO” with no conditions and no efforts to spare the feelings of the unwanted suitor. 2. Never negotiate with stalkers, as stalkers crave that kind of attention. 3. Change their phone numbers or get a second line letting the stalker think he is still getting through. 4. Get an answer phone to screen calls and record threats or harassment. 5. Keep a log of phone calls, contacts, and sightings, and copies of all notes and letters. 6. Get a post office box if mail is involved or if the victim moves. 7. Change their social locations, avoiding locations where they know they are likely to meet the stalker. 8. And in extreme situations, the victim should consider changing jobs, residence, and identity. SUSPECT INTERVENTION Officers should make arrests whenever appropriate. Common stalker offenses include: 166.4 -- Violation of a Court Order
273.6 -- Violation of a Court Order 422 -- Terrorist Threats 519 -- Extortion 523 -- Threatening letters to extort property 594 -- Malicious Mischief 601a -- Trespass after a threat (felony) 602 -- Any trespass 646.9 -- Stalking (felony -- when in violation of restraining order)
653m -- Annoying and threatening phone calls and
When looking for other methods for prosecution, do not overlook U.S. Code Title 18 sections 875, 876, and 877. These sections deal with threats by U.S. mail and interstate threats by phone. Take an A.O.D. report for the post office or the F.B.I. and forward a copy to the Major Assault Detail. When an arrest is made, the suspect should be incarcerated to increase the effect of the arrest and an increase in bail should be requested for victim safety. NOTE: If the suspect is booked for WIC 5150, he is prohibited from possessing a firearm for five years per WIC 8103(f)(1).
Encourage the victim to get a temporary restraining order, which is necessary to get a felony conviction for stalking under 646.9 PC or misdemeanor convictions under 166.4 and 273.6 when domestic violence is involved. It is important that we take aggressive action against stalking early, so regardless of the type of crime you are investigating, if you suspect that stalking is involved, send a copy of your report to the Major Assault Detail.
This article was reprinted in “THE PRINT” 10(4), April 1994, pg 8 |