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STALKING BEHAVIOUR<br />

and<br />

The Crime of<br />

CRIMINAL HARASSMENT<br />

Det. Gord Robertson, CPS


STALKING…Case Study<br />

13 month relationship, co-hab. for 9 months.<br />

Separate 02/03<br />

due to internet porn, financial deceit,<br />

and suspected drug use.<br />

02/04 Staged suicide attempt.<br />

<br />

Phone calls & e-mails.<br />

e<br />

(42/11 – wk.)<br />

<br />

Lengthy letter in mailbox & under wiper.<br />

<br />

Driving slowly past house.<br />

<br />

Knocking persistently on door, late at night.<br />

<br />

Phone calls & e-mails e<br />

to family and friends (22/12)<br />

02/09 False cancer scare – e-mail to friends.<br />

<br />

Phone calls & e-mails.<br />

e<br />

(38/8 – wk.)


STALKING…Case Study<br />

02/14 Flowers to victim & two friends.<br />

<br />

Phone calls & e-mails.<br />

e<br />

(31/4 – wk.)<br />

<br />

Surveillance - Approach vehicle in morning.<br />

<br />

Walking around house, peering in windows (x2).<br />

<br />

Driving slowly past house.<br />

<br />

Lengthy letter in mailbox.<br />

(apology)<br />

02/27 Final voice message.<br />

02/27 Standing on porch looking in window.<br />

02/27 Male friend answers phone, returns and barges<br />

in.<br />

02/27 Arrest.


OBJECTIVES<br />

<br />

<br />

<br />

<br />

SERIOUSNESS of this<br />

BEHAVIOURAL CRIME.<br />

Understanding of the<br />

PSYCHOLOGY and<br />

MOTIVATIONS of<br />

Stalkers.<br />

IMPACT of crime on<br />

victims.<br />

Evaluating RISK and<br />

implementation of<br />

THREAT MANAGEMENT.


PSYCHOLOGICAL<br />

TERRORISM…<br />

<strong>Stalking</strong> is intentional or<br />

unintentional mind games<br />

intended to elicit fear and<br />

compliance from the intended<br />

target.


“ I have an obsession<br />

with the unattainable.<br />

I have to eliminate<br />

what I cannot attain.”<br />

( Robert John Bardo – to his sister )


FACTS<br />

STALKING LAWS FIRST APPEARED IN<br />

CALIFORNIA IN 1991 AND WERE<br />

BASED ON HOMICIDE/ STALKING<br />

CASES (eg. Rebecca Schaeffer )<br />

ALL STATES HAVE STALKING LAWS<br />

1993 - CANADA INTRODUCES<br />

CRIMINAL HARASSMENT, 264 (1) CC.


“Fast Facts”


FACTS<br />

DERIVED FROM 1995 RCMP STUDY<br />

( 2000 Juristats Report )<br />

1995/96 1,700 + CASES<br />

(1999 5,382 CASES)<br />

NINE STALKING RELATED HOMICIDES,<br />

FROM 1997 TO 1999 (New case law)<br />

THE MAJORITY OF STALKERS ARE MEN WHO<br />

PREY ON WOMEN (1999 –77%)<br />

APPROX. 75% OF ABUSIVE RELATIONSHIPS<br />

THAT END RESULT IN STALKING<br />

BEHAVIOUR.


FACTS<br />

Female Victims<br />

58% WERE STALKED BY SOMEONE THEY<br />

HAD BEEN INTIMATE WITH (1999 – 55.4%)<br />

24% WERE STALKED BY CASUAL<br />

ACQUAINTANCES (1999 – 25%)<br />

3% WERE STALKED THROUGH A WORK<br />

RELATIONSHIP (1999 – 4.7 %)<br />

7% STALKED BY A STRANGER (1999 – 7.2%)


FACTS<br />

Male Victims<br />

MALE VICTIMS WERE USUALLY STALKED BY A<br />

CASUAL ACQUAINTANCE (1999 – SAME)<br />

MALE VICTIMS ARE MOST OFTEN STALKED BY<br />

ANOTHER MALE (1999 - SAME)<br />

9% WERE STALKED BY AN EX-SPOUSE<br />

(1999 –<br />

9.1%)<br />

4% WERE STALKED BY A CURRENT OR<br />

FORMER GIRLFRIEND (1999 – 5.5%)


VICTIMOLOGY<br />

1 in 12 Woman<br />

1 in 45 Men<br />

(U.S. National Survey, 1998)<br />

Majority of victims: 18 to 29 yrs


Duration of <strong>Stalking</strong><br />

Less than 1 year 52%<br />

1 to 2 years 16%<br />

2 to 5 years 23%<br />

5 years or more 9%<br />

On average, stalking cases last 1.8 years (21<br />

months)<br />

<strong>Stalking</strong> cases involving current or former<br />

intimate partners last significantly longer than<br />

stalking cases involving non-intimate<br />

partners.<br />

1998 U.S. study, 759 cases.


Why does stalking stop ?<br />

The victim moved 19%<br />

Stalker got new love interest 18%<br />

Police warned stalker 15%<br />

Victim talked to stalker 10%<br />

Stalker was arrested 9%<br />

Stalker moved 7%<br />

Stalker got help 6%<br />

Unexplained, it just stopped 1%


Dynamics of Stalkers<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

Can be anyone<br />

Extreme emotional needs<br />

Relentless and determined<br />

Manipulative/sometimes clever<br />

Substance abuse and propensity for<br />

addiction<br />

May be delusional<br />

Consider their actions normal<br />

Information Freaks


Common Traits<br />

<br />

<br />

<br />

<br />

<br />

Obsessive personality<br />

Above Average Intelligence<br />

Few personal relationships<br />

Non-conformity to societal norms<br />

Low self esteem


Narcissistic<br />

linking fantasy<br />

Acute or<br />

Chronic<br />

Rejection<br />

Feelings of Shame<br />

or Humiliation<br />

Defense of<br />

Rage<br />

Fuels Behavioral<br />

Pursuit<br />

Restores<br />

Narcissistic<br />

linking fantasy


HOSKINS<br />

BARDO<br />

TYPOLOGIES OF STALKERS<br />

Mullen et al. (1999)<br />

HINKLEY<br />

CHAPMAN<br />

TREMBLAY


The REJECTED<br />

• As a result of relationship dissolution, stalker desires a<br />

mixture of reconciliation and revenge.<br />

• Experiences feelings of loss, frustration, anger, jealousy, and<br />

depression.<br />

• SIMPLE OBSESSIONAL subtype.<br />

The INTIMACY SEEKER<br />

• Pursue intimate relationship with an individual perceived as<br />

their “true love”, but attention is unwanted.<br />

• Often have delusional disorder or hold morbid fascination.<br />

• EROTOMANIC and LOVE OBSESSIONAL category.


The INCOMPETENT<br />

• Intellectually limited and socially incompetent individuals<br />

desiring intimacy.<br />

• Lack sufficient skills in courting rituals.<br />

• May display a sense of entitlement.<br />

• They are not infatuated, only attracted.<br />

The RESENTFUL<br />

• Goal is to frighten and distress victim.<br />

• Experience feelings of injustice and desire revenge.


The PREDATORY<br />

• Sense of power and control gives the stalker gratification.<br />

• Strive to learn more about the victim.<br />

• May mentally rehearse a plan to attack victim.<br />

• Most have diagnosed paraphilias, and more likely to have<br />

histories of sexual offense convictions.<br />

• Would include PSYCHOPATHIC offenders.<br />

• Includes PARAPHILIC STALKERS and SINGLE ISSUE STALKERS.


Most Common<br />

STALKERS<br />

(L.A.P.D. Model)


SIMPLE OBSESSIONAL<br />

A PRIOR RELATIONSHIP EXISTS<br />

STALKER IS USUALLY MALE<br />

EX-LOVER, EX-SPOUSE, FORMER BOSS<br />

SUSPECT HAS BEGUN A CAMPAIGN OF<br />

HARASSMENT<br />

SHORTER IN DURATION<br />

MOST DANGEROUS TYPE OF STALKING CASE


Simple Obsessional Stalker<br />

July 28, 1995


LOVE OBSESSIONAL<br />

STALKER PROFESSES LOVE FOR THE VICTIM,<br />

WITHOUT THE VICTIM ACTUALLY KNOWING<br />

THE SUSPECT. AN OBSESSED STRANGER.<br />

CAMPAIGN TO MAKE HIS/HER EXISTENCE<br />

KNOWN.<br />

<br />

MOST INITIAL CONTACTS WITH VICTIM ARE VIA CORRESPONDENCE<br />

FACTORS WHICH ENHANCE RISK:<br />

<br />

<br />

EXCESSIVE NUMBERS OF LETTERS<br />

STATED INTENTION OR EVIDENCE OF DIRECTED TRAVEL<br />

DURATION OF STALKING IS OFTEN LONG<br />

TERM


THE LOVE OBSESSIONAL STALKER


EROTOMANIC STALKER<br />

STALKER BELIEVES (FALSELY) THAT THEY<br />

ARE LOVED BY THE VICTIM<br />

OBJECT OF AFFECTION IS USUALLY OF<br />

HIGHER STATUS, CAN BE STRANGER.<br />

VERY RESOURCEFUL, MULTIPLE CONTACT<br />

BEHAVIOURS<br />

MOST OFTEN FEMALE SUSPECT<br />

DELUSIONAL DISORDER (DSM IV)<br />

(IDEALIZED ROMANTIC LOVE & SPIRITUAL UNION)<br />

NOT INCLINED TO HURT VICTIM<br />

THIRD PARTY INDIVIDUALS MORE AT RISK<br />

(EG. WIFE, NEW GIRLFRIEND – VIEWED AS OBSTACLES)<br />

LONG TERM DURATION


Gagnon – Whitbread<br />

1983-2001<br />

( with permission )<br />

Fall 1983<br />

– Meet in High School<br />

– Invited to gathering<br />

– Paints Portrait<br />

Spring 1984<br />

– Knocking on door, waiting<br />

– Walking in, uninvited


Summer 1984<br />

– Afternoon nap<br />

1984 - 1985<br />

– Rumors of intimate relationship<br />

– Surveillance of activities<br />

Summer 1986<br />

– Victim moves to Greece<br />

Fall 1986<br />

– Pens lengthy letter (MAILED 86-11<br />

11-07)<br />

“I’m m living to see you…”


Fall 1986<br />

– Phoning and asking around<br />

January 1987<br />

– Buys one-way ticket to Greece<br />

– Taxi ($300. For 500 km.)<br />

– Phone calls & knows address<br />

– Arrives at door (embrace, proposal)<br />

– Follows onto airplane<br />

– Arrival at home, calls begin<br />

– Phone calls of congratulations


March 1987<br />

– Telegram to parent’s s house<br />

“Coming to Edmonton to see his girl…”<br />

April 1987<br />

– At house with suitcase<br />

– Police attend and carry off<br />

Spring 1987<br />

– Telling people that married<br />

– Spends night in graveyard<br />

– Phoning parent’s s house<br />

– Calls victim at her apartment (police)<br />

– Temporary R.O. obtained<br />

– Attends apartment, victim away


Breach – Court – “No Contact”<br />

Summer 1987<br />

– Attends at house, w. beer<br />

November 1987<br />

– Five page love letter<br />

“The things you say to me in my head are<br />

wonderful and give me happiness I never<br />

dreamed possible…”<br />

Christmas 1987<br />

– Gifts at parent’s s house<br />

( Black Candles, Othello, Witch story)


May 1988<br />

– Love letter from Ontario<br />

June 1988<br />

– Moves back to Edmonton<br />

Summer 1988<br />

– Shows up at apartment, w. gift<br />

August 1988<br />

– Card left at parent’s s house<br />

“Dear Katherine, Happy 6 th Wedding<br />

Anniversary… Love Simon”<br />

Christmas 1988<br />

– Attends at parents with gifts, inc. baby<br />

– Police attend and take away


Spring 1989<br />

– Library book and Detective Fantasy<br />

– Frequent surveillance begins<br />

1992<br />

– Telling people that married & child<br />

1994<br />

– Attends house “to see baby”<br />

1995<br />

– Victim pregnant and learns of<br />

change in Health care


July 20, 2001<br />

Arrest & Investigation<br />

Interview: “says wife and family”<br />

AHC card: “Katherine E. Gagnon”<br />

10,000 pages in 10 binders<br />

Christmas gifts every year, since 1987<br />

Frequent surveillance observed by<br />

parents and neighbors<br />

12 hours in presence of victim


2 Chgs of Crim. Harass.<br />

Nov 2001 – “Fit for Trial”<br />

Mar 2002 – 2 day trial<br />

Jan 2003 – “ NCR ”<br />

Alberta Hospital<br />

Review on 2003-09<br />

09-23


FALSE VICTIMIZATION SYNDROME<br />

(VERY RARE, 2-5%) 2<br />

THE CONSCIOUS OR UNCONCIOUS DESIRE TO BE<br />

PLACED IN THE ROLE OF A VICTIM.<br />

“MUNCHAUSEN SYNDROME” (SEEKING ATTENTION)<br />

<br />

<br />

<br />

VICTIM IS USUALLY SUFFERING A CRISIS,<br />

WILL CONTROL WHEN AND WHAT IS REPORTED,<br />

WILL OFTEN NOT FOLLOW ADVICE IN A PRECISE MANNER.<br />

• WARNING: BE SURE BEFORE YOU ACCUSE<br />

COMPLAINANT OF FALSE REPORTS<br />

• Conduct “personal inventory” as Victim Vulnerability.


Characteristics of a False Allegation<br />

Stalker has no IDENTIFIABLE GOAL or<br />

OBJECTIVE. (“Shadows don’t t exist”)<br />

Stalker is OMNIPOTENT. (Knows<br />

victim’s s plans and police investigation)<br />

Stalker leaves no EVIDENCE OF<br />

IDENTITY.<br />

“Hollywood Script”…<br />

Escalation for Attention…


Triangulation<br />

Secondary Target. . Usually a new<br />

romantic interest or someone<br />

“perceived to be”. . Could also be a<br />

parent, friend or co-worker.<br />

RISK can often be higher than that<br />

posed to the Primary Target.


Psychopathic Offenders…<br />

THEY ARE PREDATORS !


JEAN GUY TREMBLAY<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

HAS SHOWN A PATTERN OF REPETETIVE BEHAVIOR – NINE<br />

WOMEN IN THE PAST 10 ½ YEARS<br />

“HE WAS FOREVER CALLING ME A BITCH…A A BARBIE DOLL<br />

BITCH”<br />

“HE TOLD ME I WAS RESPONSIBLE FOR HIM LOSING HIS JOB”<br />

“BEFORE I WOULD LEAVE FOR WORK, HE WOULD LAY OUT THE<br />

OUTFIT I WAS TO WEAR”<br />

“HE INSISTED I LEAVE THE BATHROOM DOOR OPEN WHEN<br />

USING THE WASHROOM AND NEVER LET ME HAVE A SHOWER<br />

WITHOUT HIM”<br />

“HE CONTROLLED EVERY ASPECT OF MY LIFE INCLUDING MY<br />

CAR, BANK ACCOUNT, WHO I GAVE MY PHONE NUMBER TO,<br />

HOW I RAISED MY SON, WHAT I ATE, LISTENED TO AND<br />

WATCHED”<br />

“HE CALLED ME A WHORE AND WORSE AND BLAMED ME FOR<br />

CAUSING THE ARGUMENTS”<br />

HE FELT HE DID NOT HAVE A PROBLEM THAT REQUIRED<br />

COUNSELLING


JEAN GUY TREMBLAY<br />

“INSTEAD OF A KEY AND A BARS…ITS THREATS AND<br />

INTIMIDATION… IT’S S A PSYCHOLOGICAL PRISON”<br />

“HE DID’T T LET ME ASSOCIATE WITH FRIENDS OR FAMILY AND<br />

ACCUSED ME OF INFIDELITY”<br />

“HE TOLD ME HE OWNED A GUN”<br />

“HE OFTEN SHOWED UP AT WORK AND QUESTIONED ME<br />

ABOUT WHAT I WAS DOING AND WHO I WAS TALKING TO”<br />

“HE WANTED ME TO BECOME PREGNANT IN THE FIRST 3 ½<br />

MONTHS OF OUR RELATIONSHIP AND FORBADE ME FROM<br />

USING BIRTH CONTROL”<br />

“HE BROUGHT ME FLOWERS AND A SYMPATHY CARD HE<br />

MISTOOK FOR AN APOLOGY CARD AND PROMISED THE<br />

VIOLENCE WOULD END”<br />

HE WAS ALLOWED TO QUESTION TWO VICTIMS IN COURT AND<br />

ONE DEMANDED “ DON’T T MOVE YOUR ARMS, DON’T T MOVE<br />

YOUR ARMS”<br />

“HE WOULD STRANGLE ME TO THE POINT OF<br />

UNCONSCIOUSNESS AND TOLD ME NOT TO WORRY BECAUSE<br />

HE KNEW WHEN TO STOP SO I WOULDNT DIE”


<strong>Stalking</strong> Behaviours:<br />

SENDING GIFTS… from seemingly<br />

“romantic” (flowers, candy) to the bizarre<br />

(bullets, blood soaked items).<br />

DEFAMATION… lying to others about the<br />

victim (destroy reputation – drug abuse,<br />

infidelity, STDs, etc.)<br />

“OBJECTIFICATION”…<br />

degrades the victim to<br />

an object (able to feel angry and act<br />

vindictive without experiencing empathy).


DEFAMATION & OBJECTIFICATION


Stalker’s s Prior History<br />

(Meloy & Gothard, 1995)<br />

Drug / Alcohol abuse – 52%<br />

Mental Illness – 30 %<br />

Violence or Physical Abuse – 49%<br />

Criminal Record – 34%<br />

Violent Family Background – 31%<br />

Stalked another person(s) – 30%


Contact made by Stalker<br />

Telephone calls – 87%<br />

Surveillance of home – 84%<br />

Followed – 80%<br />

Drive by home – 77%<br />

Appearing at workplace – 54%<br />

Sent letters – 50%<br />

Made other types of contact – 49%<br />

Spread gossip – 48%


Contact made by Stalker<br />

Property damage – 43%<br />

Left things on property – 43%<br />

Threatened to harm others – 41%<br />

Broke into home – 39%<br />

Hit or beat victim – 38%<br />

Sexual assault – 22%<br />

Injured or killed pets – 13%<br />

Kidnapping – 8%


RED FLAGS<br />

COMMUNICATED THREATS ARE A SIGNIFICANT<br />

INDICATOR OF HIGH RISK.<br />

PRIOR CRIMINAL HISTORY RAISES RISK OF<br />

HARM.<br />

GREATER DANGER AS ESCALATION FROM LESS<br />

PERSONAL MODES OF CONTACT TO MORE<br />

PERSONAL MODES OF CONDUCT.


Verbal<br />

Communications<br />

PHONE CALLS<br />

VOICE MESSAGES<br />

(AUDIO EVIDENCE)<br />

( LETTERS, CARDS, E-MAILS, E<br />

DRAWINGS, SONGS )


Verbal & Written<br />

Communications<br />

(“TEXTUAL ANALYSIS’)<br />

What is being said ?<br />

Why is it being said ?<br />

How was it delivered ?<br />

“CONTEXT” more important than<br />

“CONTENT”…


COMMUNICATIONS<br />

REASON VS. EMOTION<br />

HIGH EMOTION = UNPREDICABILITY<br />

HIGH REASON = MANIPULATION<br />

“EXPRESSIVE” – ventilating anger.<br />

Threat ?<br />

“INSTRUMENTAL” – intended to control<br />

or influence the behavior of recipient<br />

through an aversive consequence.


Evaluating THREATS<br />

Unconditional vs. Conditional<br />

(Unless CONDITION is time-related)<br />

Direct vs. Implied<br />

Private vs. Public<br />

Written vs. Verbal<br />

Specific vs. Vague<br />

Severity of proposed action


STALKER LETTER 1


Stalker Fantasies<br />

Delusions of ownership<br />

“Death before divorce”…<br />

“If I can’t t have you then no one can”…<br />

“you belong to me forever”…<br />

Level of detail indicates length<br />

of consideration<br />

Do-able<br />

fantasy (access to resources)<br />

Realistic fantasy<br />

“I I will kill every other man in the world and see<br />

if you still reject me”…


STALKER LETTER 2


STALKER LETTER 3


STALKER LETTER 4


STALKER LETTER 5


“Credible Threats”<br />

include:<br />

VERBAL or WRITTEN THREATS, as well as<br />

A threat implied by a “PATTERN OF<br />

CONDUCT”<br />

(includes “GESTURES”)


CRIMINAL HARASSMENT<br />

SECTION 264(1) CRIMINAL CODE<br />

(1) NO PERSON SHALL, WITHOUT LAWFUL<br />

AUTHORITY & KNOWING THAT ANOTHER<br />

PERSON IS HARASSED OR RECKLESSLY AS TO<br />

WHETHER THE OTHER PERSON IS HARASSED,<br />

ENGAGE IN CONDUCTED REFERRED TO IN SUB-<br />

SECTION 2.<br />

THAT CAUSES THAT OTHER PERSON<br />

REASONABLY, , IN ALL THE CIRCUMSTANCES, , TO<br />

FEAR FOR THEIR SAFETY OR THE SAFETY OF<br />

ANYONE KNOWN TO THEM.


PROHIBITED CONDUCT<br />

264(2) CRIMINAL CODE<br />

(a)<br />

REPEATEDLY FOLLOWING FROM<br />

PLACE TO PLACE THE OTHER<br />

PERSON OR ANYONE KNOWN TO<br />

THEM;<br />

(b)<br />

REPEATEDLY COMMUNICATING<br />

WITH, EITHER DIRECTLY OR<br />

INDIRECTLY, THE OTHER PERSON<br />

OR ANYONE KNOWN TO THEM;


PROHIBITED CONTACT<br />

(c)<br />

BESETTING OR WATCHING THE<br />

DWELLING-HOUSE, OR PLACE<br />

WHERE THE OTHER PERSON, OR<br />

ANYONE KNOWN TO THEM,<br />

RESIDES, WORKS, CARRIES ON<br />

BUSINESS OR HAPPENS TO BE; or<br />

(d)<br />

ENGAGES IN THREATENING<br />

CONDUCT DIRECTED AT THE<br />

OTHER PERSON OR MEMBER OF<br />

THEIR FAMILY.


THE SECTION OF CRIMINAL<br />

HARASSMENT (264 CC) USES<br />

SEVERAL WORDS WHICH ARE<br />

NOT DEFINED. THE MEANING<br />

OF THESE WORDS HAVE BEEN<br />

DECIDED IN COURTS ACROSS<br />

CANADA. (CASE LAW)


HOW MANY OCCURRENCES<br />

(CONDUCTS) DO WE NEED TO<br />

CONSTITUTE CRIMINAL<br />

HARASSMENT?<br />

GENERALLY, TAKING ALL THE CIRCUMSTANCES<br />

INTO CONSIDERATION - THE COURTS HAVE<br />

STATED “TWICE IS ENOUGH.”<br />

WHEN DEALING WITH THREATENING<br />

BEHAVIOUR 264(2)(d), A CONVICTION IS<br />

POSSIBLE WITH ONE OCCURRENCE - ALL THE<br />

CIRCUMSTANCES MUST BE CONSIDERED


SAFETY<br />

THE SECTION WAS DESIGNED TO<br />

PROTECT NOT ONLY THE PHYSICAL<br />

WELL-BEING OF PERSONS.<br />

SEVERAL COURT CASES HAVE<br />

ESTABLISHED SAFETY ALSO INCLUDES<br />

THE EMOTIONAL & PSYCHOLOGICAL<br />

SAFETY OF PEOPLE.<br />

THE COURTS HAVE STATED CRIMINAL<br />

HARASSMENT IS A CRIME OF POWER &<br />

CONTROL.


“THE COMPLAINANT MUST HAVE<br />

FREEDOM FROM MENTAL, EMOTIONAL,<br />

& PSYCHOLOGICAL HARASSMENT.”<br />

R. v. Lafrenier (1994) 22 W.C.B. (2d) 519 (Ont.<br />

Ct. Prov. Div.)<br />

R. v. Gowing (1994), 25 W.C.B. (2d) 513 (Ont. Ct<br />

Gen. Dev.), leave to appeal to Ont. C.A.<br />

refused 37 W.C.B. (2d) 199<br />

R. v. Hertz (1995), 170 A.R. 139 (Prov. Ct.)<br />

R. v. Meehan (1998), 158 Nfld. & P.E.I.R. 217<br />

(Nfld. S.C.)


REASONABLY<br />

THIS TERM REFERS TO THE CONNECTION<br />

BETWEEN THE CIRCUMSTANCES & THE STATE<br />

OF MIND OF THE COMPLAINANT. “IS IT<br />

REASONABLE FOR THE COMPLAINANT, IN ALL<br />

CIRCUMSTANCES, TO BE AFRAID?”<br />

THE ANSWER TO THIS QUESTION INVOLVES<br />

AN EXAMINATION OF ALL THINGS KNOWN TO<br />

THE COMPLAINANT, , IN ADDITION TO ALL<br />

EVENTS THAT OCCURRED.<br />

VIEWED THROUGH THE VICTIM’S S EYES…


BACKGROUND INFORMATION OF ANY<br />

MISCONDUCT KNOWN TO THE<br />

COMPLAINANT IS ADMISSIBLE TO PROVE<br />

THE REASONABLENESS OF FEAR. IT ALSO<br />

SHOWS THAT THE ACCUSED KNEW THE<br />

COMPLAINANT WAS HARASSED.<br />

R. v. B(s) Ont. 1996<br />

R. v. Minter Ab. Court of Appeal<br />

R. v. Hau BC Supreme Court<br />

R. v. Ducey BC Supreme Court


INTENTION<br />

INTENTION NEED NOT BE PROVEN. THE TEST IS<br />

SUBJECTIVE. . WAS THE ACCUSED RECKLESS AS<br />

TO WHETHER THE COMPLAINANT WAS<br />

HARASSED.<br />

SIMPLY PUT, WOULD A REASONABLE PERSON<br />

BELIEVE THE VICTIM WAS HARASSED,<br />

GIVEN ALL THE CIRCUMSTANCES?<br />

WARNINGS BY VICTIM, OTHERS, POLICE OR<br />

COURTS WILL ALSO PROVE INTENTION.


PUNISHMENT<br />

264(4) CRIMINAL CODE<br />

AN AGGRAVATING FACTOR WHICH MUST<br />

BE CONSIDERED BY A JUDGE AT<br />

SENTENCE —<br />

WHEN A COURT ORDER WAS IN EFFECT<br />

DURING THE OFFENCE.


POST-CHARGE EVIDENCE IS<br />

ALSO RELEVANT AND CAN<br />

BE ADMITTED AT TRIAL.<br />

THIS ALSO SPEAKS TO<br />

INTENT


COHABITATION<br />

COHABITATION HELD NOT TO<br />

OPERATE AS A BAR TO A CONVICTION<br />

OF CRIMINAL HARASSMENT.<br />

R. v. Sanghera BC Provincial Court,<br />

1994<br />

R. v. Tremblay Alberta Court of QB,<br />

1999


THE TEST THE COURT MUST APPLY<br />

R. v. Sillipp (1997) Alberta Court of Appeal.<br />

(a) It must be established that the accused has<br />

engaged in the conduct set out in sec. 264(2)<br />

a, b, c, or d;<br />

(b) It must be established the complainant was<br />

harassed;<br />

(c) It must be established that the accused who<br />

engaged in such conduct knew that the<br />

complainant was harassed or was reckless or<br />

willfully blind as to whether the complainant was<br />

harassed;


(d)<br />

(e)<br />

It must establish that the conduct<br />

caused the complainant to fear for<br />

their safety or the safety of anyone<br />

known to them; and<br />

It must be established that the<br />

complainant’s s fear was, in all of the<br />

circumstances, reasonable.


Case Compilation<br />

Aggravating Factors<br />

Impact of offence on victim,<br />

Suspect’s s perception of relationship,<br />

Vulnerability of victim,<br />

Time of day or night the harassment is occurring,<br />

Pre-existing existing court orders,<br />

Previous conduct of the suspect,<br />

Request by victim for suspect to cease,<br />

Commission of other related offences,<br />

Access to weapons or firearms.


INTERVIEWING STALKERS<br />

DO NOT CONFRONT, CALMLY INTERVIEW<br />

MAY ADMIT TO OBSESSION, BUT NOT CRIME<br />

WILL WANT TO TALK ABOUT TARGET<br />

DO NOT TRY TO “TALK SENSE”<br />

MAY VIEW AS “PERSONALLY INVOLVED”<br />

GENERIC ROOM, NOT OFFICE<br />

SECURE FILE, COMPUTER, ETC.


THREAT ASSESSMENT<br />

SEVERAL RISK ASSESSMENT TOOLS &<br />

INSTRUMENTS ARE USED TO ASSESS<br />

RISK.<br />

WHERE FORMER DOMESTIC VIOLENCE<br />

CAN UTILIZE THE S.A.R.A. - SPOUSAL ASSAULT<br />

RISK ASSESSMENT GUIDE<br />

NEWLY DEVELOPED S.A.M. – STALKING<br />

ASSESSMENT AND MANAGEMENT GUIDE


THREAT ASSESSMENT<br />

( S.A.M. )<br />

NATURE OF HARASSMENT (10)<br />

PERPETRATOR RISK FACTORS (10)<br />

VICTIM VULNERABILITY FACTORS (10)<br />

UTILIZE INTERVIEWS WITH PERPETRATOR, PRIMARY AND<br />

SECONDARY VICTIMS, WITNESSES, COLLATERAL RECORDS.


ASSESSMENT - NATURE OF HARASSMENT<br />

COMMUNICATES ABOUT VICTIM<br />

COMMUNICATES WITH VICTIM<br />

APPROACHES VICTIM<br />

DIRECT CONTACT WITH VICTIM<br />

INTIMIDATES VICTIM<br />

THREATENS VICTIM<br />

VIOLENT TOWARDS VICTIM<br />

STALKING IS PERSISTENT<br />

STALKING INVOLVES VIOLATIONS<br />

STALKING IS ESCALATING


ASSESSMENT - PERPETRATOR RISK<br />

FACTORS<br />

ANGRY<br />

OBSESSED<br />

IRRATIONAL<br />

UNREPENTANT<br />

SOCIALLY ISOLATED<br />

ADJUSTMENT PROBLEMS<br />

DISTRESSED<br />

SUBSTANCE ABUSE PROBLEMS<br />

NON-VIOLENT CRIMINALITY<br />

VIOLENT CRIMINALITY


ASSESSMENT - VICTIM VULNERABILITY<br />

FACTORS<br />

INCONSISTENT BEHAVIOUR TOWARD PERP.<br />

INCONSISTENT ATTITUDE TOWARD PERP.<br />

EXTREME FEAR OF PERPETRATOR<br />

INADEQUATE ACCESS TO RESOURCES<br />

SOCIALLY ISOLATED<br />

ADJUSTMENT PROBLEMS<br />

DISTRESSED<br />

SUBSTANCE ABUSE PROBLEMS<br />

UNSAFE LIVING SITUATION<br />

CONCERNS RELATED TO DEPENDANTS


INVENTORY OF FACTORS PRESENT<br />

(NO EVIDENCE, PARTIALLY or PROBABLY, DEFINITELY)<br />

POSSIBLE SCENARIOS<br />

NATURE OF STALKING<br />

SEVERITY<br />

IMMINENCE<br />

FREQUENCY AND DURATION<br />

LIKELIHOOD<br />

PRIORITY * INTERVENTION * RESPONSE<br />

VICTIM SAFETY PLANNING


CAN WE DETERMINE<br />

ABSOLUTE RISK?<br />

EVERYONE IS AN INDIVIDUAL<br />

WHAT MAY BE HIGH RISK INDICATORS<br />

FOR ONE, MAY NOT BE FOR ANOTHER<br />

INDICATORS OF RISK ARE VARIABLE<br />

WE USE THE TERMS; LOW, MEDIUM &<br />

HIGH<br />

WE SPEAK IN TERMS OF PROBABILITY<br />

RISK IS DYNAMIC


Can we predict whether a woman<br />

is at risk of being murdered by an<br />

abusive partner ?<br />

After an abuser tries to strangle a<br />

woman, he’s s almost certain to to turn to<br />

more lethal methods, such as shooting or<br />

stabbing…<br />

He has communicated to her “I I can kill<br />

you at any time. I have shown you how<br />

easy it is.”<br />

(San Diego, study of 300 cases)


Triggers<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

anniversaries<br />

weekend nights<br />

holidays (valentines & mother’s s Day)<br />

payday<br />

counselling appointments<br />

Court appearances, jail releases<br />

Custody exchanges<br />

Emotional crisis<br />

weather & cycles of the moon


“Early Warning”<br />

Frequent loss of temper, and threats<br />

Abuse of alcohol and/or drugs<br />

Extreme jealousy<br />

Constant demand to know what you’re doing and who<br />

you’re with at all times<br />

Makes family and friends feel uneasy / Isolates you from<br />

family and friends<br />

Refuses to accept “no” for an answer


Advice to VICTIM<br />

(Behavioural Changes)<br />

STOP ANY & ALL CONTACT !<br />

Deny legitimate reasons for contact.<br />

Be aware of surroundings and “high<br />

risk” behaviours.<br />

• Do not succumb to manipulation.<br />

• Avoid going anywhere alone.<br />

Get support.


Advice to VICTIM<br />

(Security Measures)<br />

Improve physical security of home.<br />

Improve information security.<br />

(GARBAGE, INTERNET, ETC.)<br />

Change the locks on your house.<br />

Bethany and Security upgrades.<br />

Personal safety plan<br />

Get a Restraining Order or EPO.


Advice to VICTIM<br />

(Assist Investigation)<br />

Save all EVIDENCE (*57, recordings,<br />

tapes, gifts, letters, etc.)<br />

Keep a log of occurrences.<br />

Have someone else retain documents.<br />

Change telephone number.<br />

(RETAIN OLD NUMBER TO GAIN EVIDENCE)


VICTIM IMPACT<br />

Most commonly diagnosed effect is<br />

Post Traumatic Stress Disorder (37%)<br />

Flashbacks and Nightmares<br />

Appetite Disorders<br />

Depression<br />

Desperation and Suicidal Thoughts<br />

Easily Frightened and overly cautious<br />

Self blame and self doubt


Uncooperative Victims<br />

False Victimization Syndrome<br />

Stockholm Syndrome<br />

Battered Spouse Syndrome<br />

Requires trust and rapport<br />

Frozen by fear / feels helpless<br />

Fearful that taking action will cause<br />

escalation


Police Tactics<br />

Risk Assessment<br />

Safety Planning<br />

Warrant Applications<br />

Detailed Show Cause<br />

*57 Traces, One Party Consent<br />

Surveillance<br />

Undercover Operator<br />

Monitor RELEASE CONDITIONS – Breaches


Every breath you take<br />

Every move you make<br />

Every bond you break<br />

Every step you take<br />

I’ll be watching you …<br />

Oh can’t t you see,<br />

You belong to me ?<br />

Sting


A Nonrandom Study of<br />

82 Female Stalkers<br />

J. Reid Meloy, PhD, ABPP<br />

Cynthia Boyd, MA<br />

San Diego, California<br />

August 29, 2001


Perpetrator<br />

Demographics<br />

N=82 females<br />

Age range: 17-58, Median age: 37-38<br />

38<br />

– Caucasian: 77%<br />

– African-American:<br />

American: 8%<br />

– Asian: 6%<br />

– Hispanic: 5%<br />

– Other: 4%


Perpetrators’ sexual<br />

orientation<br />

(n=75)<br />

Heterosexual: 80%<br />

Lesbian: 8%<br />

Bisexual: 12%


Victim/perpetrator<br />

relationship prior to the<br />

onset of stalking<br />

(n=79)<br />

Prior Sexual Intimate: (22) 27%<br />

Acquaintance: (40) 50%<br />

Stranger: (17) 21%<br />

Family member: ( 2) 2%


Personal Sexual Intimacy &<br />

Violence<br />

55% of sexual intimates were<br />

violent<br />

15% of non sexual intimates<br />

were violent


Victim initiated contact with<br />

the perpetrator after<br />

stalking began<br />

(n=71) 31%<br />

Increased stalking: 68%<br />

Decreased stalking: 5%<br />

No effect on stalking: 27%


Summary of Findings<br />

Intelligent & educated<br />

Heterosexual orientation<br />

Majority are acquaintances or strangers<br />

Older male victims<br />

Not antisocial or psychopathic<br />

Less following behavior than men<br />

More threaten and do not act violently


Summary of Findings<br />

1 in 4 are violent toward victim<br />

Sexual intimacy is key to violence risk<br />

No weapon, minor injury<br />

Borderline Personality Disorder<br />

They escalate, daily pursuit, 1-51<br />

5 years<br />

Do not initiate contact with the stalker


Sept. 19, 1995


Stalker Motivation<br />

“OBSESSION<br />

OBSESSION”<br />

<br />

“Let me explain”<br />

<br />

Revenge<br />

<br />

<br />

Wants attention<br />

Looking for love


Psychiatric Assessment<br />

Mr. X suffers a severe mental disorder of the<br />

psychotic kind (impaired contact with<br />

reality)… a mental disorder diagnosed as<br />

delusional disorder. He presents with<br />

delusions (fixed false unshakeable beliefs).<br />

Specifically, he experiences delusions of an<br />

erotomanic type (delusions that another<br />

person is in love with the individual), and<br />

persecutory type (delusions that the personal<br />

is being malevolently treated)…


Psychiatric Assessment<br />

He believed that his admission to the forensic<br />

unit was “just a game”… that his admission<br />

to the forensic unit is a test from his exgirlfriend<br />

so that he can prove his love for<br />

her… He described how his ex-girlfriend is<br />

someone who was meant for him… He made<br />

reference to the bible and history to confirm<br />

this. Further, he described how events in the<br />

community such as a traffic light falling off at<br />

an intersection was a specific sign to him that<br />

his ex-girlfriend and he were meant to be<br />

together…


THE ROLE OF ALCOHOL<br />

<br />

ALCOHOL AND/OR DRUGS IS A<br />

DISINHIBITOR<br />

<br />

ALCOHOL AND/OR DRUGS ARE USED TO<br />

BLOT OUT AFTER INCIDENT<br />

<br />

WILL INCREASE RISK<br />

<br />

ALCOHOL AND/OR DRUGS ARE NOT TO<br />

BLAME FOR DOMESTIC VIOLENCE OR<br />

STALKING BEHAVIOUR.


CYBERSTALKING<br />

The dark side of Technology<br />

<br />

LACK OF SOCIAL CONSTRAINTS<br />

<br />

E-MAIL<br />

<br />

WEB SITES<br />

<br />

SEQUENTIAL SERVERS


Offences related to Criminal<br />

Harassment<br />

(Canada, 1999)<br />

Uttering Threats<br />

Administration Of Justice<br />

Harassing Phone Calls<br />

Common Assault<br />

Mischief<br />

0 5 10 15 20 25


STALKER LETTER 6<br />

Jodie, GOODBYE! I love you six trillion<br />

times. DON'T YOU MAYBE LIKE ME A LITTLE<br />

BIT? (YOU MUST ADMIT IT I AM DIFFERENT).<br />

It would make all the difference.<br />

JOHN HINCKLEY of course

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