STEPS FOR STALKING VICTIMS
1) Record keeping
Keep a detailed log of all interactions &/or events, this can be done on your phone using Just Stalking: Resources' Victim Log, if records can be kept secure, or another hard copy, such as a paper diary. Just Stalking: MD Resource's Log is available online and works on most cellular devices. Print or email the log to yourself for a record of all events &/or interactions.
2) Tell stalker no contact
For legal purposes, in particular, it is important to be clear, and concise, stating something to the effect of "I want no contact of any kind, in any way, ever." preferably with a witness that can attest to this in court.
3) Log all Events, Interactions, or Incidents
Log all events:
- Procedures & process can be found below
*For those receiving 100- 400+ calls a day, or other frequent harassment this may difficult - we suggest, highlighting phone logs, taking screenshots, use the log duration to point to a number of incidents such as calls throughout a time period.
Links for Just Stalking's New Victim Log will be available on this page, throughout the website, & on social media.
4) Inform associates and family
If this behavior continues, make sure to inform possible bystanders, neighbors, family members, and any associates who may become involved as inadvertent proxies, or victims. Additionally, they may be witnesses in the future and should be aware of the situation to help provide safety & evidence. If a peace or protective order is in place, provide copies to your workplace, school, as well as your neighbors who may need to intervene on your behalf, along with any pictures.
5) Obtain a PPO
If the stalking has continued, consider obtaining a personal protective or peace order, is your first step to getting law enforcement involved. However, it should be noted that in DV/IPV cases as well as stalkers with mental illness, this is not likely to deter their actions, and some consider this to increase threat or risk. It is important that each case be evaluated for risk or threat on an individual basis, preferably with the assistance of a trained professional who can consider the context and factors involved.
6) "I have a stalker!" What now?
Once you realize that what you are experiencing is stalking, you must work to protect yourself from further harassment, victimization, and other stalking-related crime. Research suggests after a two week period of stalking victimization, the likelihood stalking will continue dramatically increases, with the average period of stalking being approximately two years. However, it can last much longer.
7) Its all about the 'conduct'
Stalking is about a 'course of conduct.' As outlined, the law is two parts. The first is about the stalker's conduct; the second is about fear. Stalkers often begin with "harassing" behaviors, or other "nuisance" crimes, that are not considered stalking. Some of the individual actions are legal, up to a certain point. However, these other crimes build to stalking and should be charged. Therefore, it is important to keep accurate records and keep pressure on the SA as well as the police to bring charges in accordance with the law.
8) When (Not if) your stalker violates your PPO, he should be removed/arrested
Violation of a PPO of any kind in Maryland is a crime. The police have the authority to arrest your stalker for violating your PPO. Additionally, it is important for you to understand what your PPO says, and how it is written. For example, your stalker cannot be on your street and claim they are not on your property.
9) Charge for stalking when you can prove stalking
The agenda is not to charge haphazardly, or to make a rush to judgement. The goal is to ensure the record accurately reflects the crimes committed, and holds individuals accountable. Furthermore, often the periods of a stalker's confinement are the only time victims have free from their stalkers. This conduct needs to be established for the court.
Stalking-Victim Documentation Log
Why keep a log?
The goal is to assist you in getting essential attention from appropriate professionals for your case, if you choose. By ensuring you are using proper terminology, as well as organizing all of your experiences, we hope to help you standardize your records. It may seem daunting at first, but we will help you every step of the way.
Pros and Cons of a Stalking Log
· Stalking is “typically measured in months & years” so, while stalking logs may be viewed by some as a tool to “increase credibility,” we view them as one to aid victims’ memory (McCann, 2001, p. 23; Logan, 2017, n. p.).
· While some stalking victims may find documenting events to take an emotional toll and be time consuming, a log of events can assist a victim determine the severity of events and identify changes in behavior.
…and… safety planning.
· Stalking logs are important tools to assess threats and may uncover patterns in behavior.
· This may help you or professionals identify areas of risk, providing vital information to help you create, improve, or update your safety plan.
· If at a later date you determine that professionals or formal resources should be involved, the historical records will help to substantiate your accounts.
Elements of the Maryland law included in your stalking log
Course of Conduct:
· A course of conduct is ongoing, ‘pervasive,’ behavior (McGinley, 2012).
· While it is often assumed to increase, it does not have to. It may fluctuate, or involve periods of no intrusions at all, called remittance; however, the behavior may ‘recur,’ (McEwan, et al. 2016).
· While other states require a minimum number of incidents to be called a course of conduct, such as “no less than #” or “#, or more,” Maryland chose not to define a number of events for a course of conduct.
Prosecutors will also need to show the conduct surpassed societal norms.
Intent (Reasonableness):
· Mens rea is interpreted by some as intention of wrongdoing, or moral culpability, it involves the actual state of mind of the accused.
· From the law of provocation, reasonableness has four elements, which have been interpreted as objective:
(1) “reasonable provocation,”
(2) “actual provocation,” the heat of passion,
(3) a reasonable [person] would not have cooled off,
(4) the accused/defendant does not cool off (Donovan & Wildman, 1981, p. 448).
· To borrow from harassment law, “unwelcomeness” as a subjective standard, can be applied, in situations where it may be “ambiguous” as to whether the victim “welcomed” the behavior of their stalker (McGinley, 2012, p. 14).
· While criminal courts in Maryland do not require stalking victims to ask the stalker to desist to obtain a PPO, it is advisable, and should be included in your log.
o However, ‘notice’ could include ignoring the stalker (moving inward tactics).
Fear or Emotional Distress:
· Unfortunately, stalking victims must substantiate their claims by meeting a “standard of fear and a level of fear” (Tjaden, 2009, p. 266).
o This log is designed to assist you articulate both.
· Maryland’s stalking law has been interpreted to have a standard of fear requiring that the stalker’s behavior cause the victim actual fear or emotional distress.
o Thus, you will have to prove causation, essentially, that the stalker’s course of conduct caused your fear or emotional distress.
· Stalking laws vary widely on the level of fear or emotional distress a stalking-victim (and/or a reasonable person) must experience.
o In Maryland, the focus is primarily on injury, assault, sexual offenses, false imprisonment, or death (physical aggression and/or violence) toward the primary or secondary victim.
· Our goal is to guide you to document how much fear (or emotional distress) individual incidents caused, as well as the cumulative impact over time.
Types of Stalking Intrusion(s), Behavior(s), &/or Tactic(s)
Hyper-intimacy (Communications)
Hyper-intimacy (Communications)
Hyper-intimacy (Communications)
Some refer to this as ‘typical dating behaviors,’ but are taken to the extreme.
Interactional Contacts
Hyper-intimacy (Communications)
Hyper-intimacy (Communications)
can include face-to-face or indirect contact through third parties.
Invasion Stalking-Tactics
Hyper-intimacy (Communications)
Harassment & Intimidation Tactics
include stealing information, breaking & entering, and trespassing.
Harassment & Intimidation Tactics
Mediated Contacts (AKA Cyberstalking)
Harassment & Intimidation Tactics
such as aggressive verbal or nonverbal behaviors are designed to bother, annoy, or cause [emotional] distress for a victim.
Mediated Contacts (AKA Cyberstalking)
Mediated Contacts (AKA Cyberstalking)
Mediated Contacts (AKA Cyberstalking)
involve electronic communication
Surveillance
Mediated Contacts (AKA Cyberstalking)
Mediated Contacts (AKA Cyberstalking)
is the systematic attempt to gain knowledge about the victim
Coercion & Threat Behaviors
Physical Aggression & Violence
Physical Aggression & Violence
can include implicit or explicit suggestions of harm.
This can also be against secondary victims, pets, property, or even the stalker (such as a threat of suicide).
Physical Aggression & Violence
Physical Aggression & Violence
Physical Aggression & Violence
include Aggressive and violent acts towards a person or property, such as vandalism, use of a weapon, assault, injury, attempted suicide & suicide, attempted rape & rape, and attempted homicide & homicide. (Spitzberg, & Cupach, 2007).
Your (tactical) response(s) to Stalking behavior(s)
Moving With Tactics
Moving Against tactics
Moving Against tactics
Politely requesting, or even pleading with your stalker to stop.
Moving Against tactics
Moving Against tactics
Moving Against tactics
o More combative & direct, and include threatening to (or causing), injury, to deter the stalker. This may or may not work, experts do not advise this!
o BECAUSE.
§ It Increases the potential future interactions,
§ Conveys to the stalker they are important,
§ Can escalate the overall situation, and
§ threats, as opposed to actions, diminish credibility.
Moving Away Tactics:
Moving Against tactics
Moving Inward Activities:
o Removing information from public databases, or social media.
o Buying a new car, changing personal information, moving.
o Ignoring the stalker or treating them as a ‘non-person,’ not responding to contact.
o Diminishing opportunities for positive reinforcement, which may be any form of contact, regardless of emotional content (even yelling, cursing at them, etc.).
Moving Inward Activities:
Moving Inward Activities:
Moving Inward Activities:
o These activities include attempts to act as if the problem is nothing, meditating, seeking religious insight, becoming a shut- in, using in substances, or otherwise attempting to deny or mask the threat or stress.
o Engage in denial, distraction, or redefinition.
o Some of these activities may help manage “fear(s) or emotional distress,” however, they are unlikely to deflect the “course of conduct.”
Moving Outward:
Moving Inward Activities:
Moving Outward:
o Activities involve looking for and using assistance.
o This can include informal supports such as anyone in your personal or workplace circle(s), who are bystanders.
o It also includes formal resources such as a professional victims’ advocate, mental health provider, or the criminal justice system or law enforcement (Spitzberg, & Cupach, 2007).
Neighborhood Stalking Watch
Why a Neighborhood Stalking Watch?
Victims often choose not to disclose their stalking, our position is stalking is too often "enabled" by society. To effectively combat this conduct we need community support. However, this requires we speak out. This Neighborhood Stalking Watch works as an alert mechanism, you may need more than one, such as for your workplace, neighborhood, & school. Fill as much or as little as you want, get the support you deserve & protection you need!
NEIGHBORHOOD STALKING WATCH COMPONENTS
Victim Information
"Name" can be left blank, or you may use your full name for the purpose of reporting, you may also choose a pseudonym. Include the name of the street, neighborhood, or building the stalker has been seen &/or should not be. If you have been assigned a detective or other point of contact include their name. Add the number of an active peace/protective order if you have one for any reports.
Stalker Information
Include only what you have, that you are sure about, do not guess. Include helpful information for neighbors, friends, family, &/or coworkers to identify this person & report sightings to you &/or authorities. If your stalker is known proxies, please include this. You may include an updated picture if you have one.
Vehicle Information
Include any known information about the stalker's primary vehicle. If you are able to obtain their license plate number include it in the "features" section. This category can also be used for other distinct identifiers such as decals or sounds. You may include an updated picture if you have one.
The [victim may feel] guilty [not knowing] how to say no without hurting the [stalker....] the most common tactic is to lie low[...] be nice, and wait, hoping the INFATUATION will fade. It's[...] a conspiracy of silence[...] one[...] doesn't want to [reject] the other doesn't want to [be rejected.
Gross, 2012, p. 89
