Lawyers Manual - Unified Court System

198 Hilary Sunghee Seo
communicate to those around them the level of danger and risk they face.
Immigrant victims who are not proficient in English may have an especially
difficult time communicating the significance of the stalker’s contextualized
actions and the fear they engender. Compounding the difficulty is the fact that
stalking is difficult to investigate and, in the context of domestic abuse, often
eclipsed by more obvious forms of violence, such as physical or sexual assault.
In addition, because of the relative paucity of stalking arrests and convictions,
police, prosecutors and even judges may lack sufficient training and expertise
to recognize stalking behavior.
When you encounter a client whom you believe may be a victim of
stalking, you should ask questions, help gather more information, assess the
risk, devise a safety plan, and develop a supportive network of trusted friends
and family that can help protect her. Here are some points to keep in mind: 25
Assess the Stalker’s Characteristics
Stalking victims may not realize that they are being stalked, especially if the
stalker is an intimate partner. Perform a simple stalking offender characteristics
assessment. Ask whether your client would describe the stalker as jealous or
extremely possessive, obsessive or manipulative; as someone who has fallen
instantly in love with her or someone who needs to have control over other
people; as someone who is unable to take “no” for an answer or someone who
quickly and frequently swings from rage to “love;” or as someone who has
difficulty distinguishing between fantasy and reality and has a sense of
entitlement about the client.
Let the Client’s Perception of Fear Guide You
Why do the stalker’s actions cause her fear? Remember, context is everything,
and she will know best the significance of the stalker’s words and actions. If
possible, also talk to her friends and family members who are familiar with the
situation. Their levels of fear and concern should also be taken into account.
If she is an immigrant and you are not familiar with the cultural norms and
practices of her community, try to mobilize the assistance of someone who may
be able to help you in deciphering the cultural clues and red flags. A phrase or
gesture that does not translate well into English may be widely understood in
that culture as a death threat, for example.