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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