Domestic Violence and Stalking
by Kelly M. Glenn
What is the definition of stalking?
The term stalking is defined by United States Code 42-13925 as “engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
(A) fear for his or her safety or the safety of others; or
(B) suffer substantial emotional distress.”
What does that really mean?
Let’s break it down piece by piece:
“Course of Conduct”
Stalking can involve conduct or behaviors, such as repeated verbal or written contacts by phone, whether that be calls, texts, letters, and/or notes. Stalking behaviors include communicating through electronic means such as sending emails or using social media posts and messaging apps. It also involve contact through third parties, like asking a friend or relative to pass along messages, compliments, or threats. Lastly, stalking behaviors can be as serious as maintaining an unwanted physical presence, like showing up where the victim lives, works, or hangs out, or even leaving signs of their presence, such as tampering with a victim’s car or sending the victim photographs of the victim engaged in their daily routine.
“Directed at a Specific Person”
The perpetrator must have a defined target in mind when displaying the stalking behaviors.
Example: After going on several dates, a woman tells a man that she’s not interested in seeing him again. The man begins sending her photos of them during their dates. He changes his profile picture on social media to one of them together, and he begins wearing a shirt that he had made with both of their names on it.
Non-example: A fan of a particular professional sports team sends the team weekly fan mail, tags the team in social media photos of him at their games, changes his profile picture to their team logo, and wears the team jersey several times a week.
“Reasonable Person”
The stalking behaviors must be perceived by a person who “exercises average care, skill, and judgment in conduct1.” In layman’s terms, this means someone who would think or react like most people would in the same or a similar situation.
Example: An emotionally stable person receives numerous phone calls a day from an unknown phone number, and the caller never says anything. They have received a bouquet of flowers from an unknown person every week for a month.
Non-example: An emotionally unstable person perceives that the bag boy who offers to take their groceries to their car for them is over-stepping boundaries.
“Fear for His/Her Safety or the Safety of Others”
The stalking behaviors must be to the level that places the victim in fear of bodily harm or in fear of harm to someone else.
Example: A newly divorced man begins dating again, and the first woman he dates becomes attached too quickly. When he breaks it off with her, she begins making threats that he’ll “be sorry” and is reported to have been seen outside of his children’s school building several times with no legitimate reason to be there.
Non-example: A newly divorced man begins dating again, and the first woman he dates becomes attached too quickly. When he breaks it off with her, she threatens to slash his tires, but he never sees or hears from her again.
“Suffer Substantial Emotional Distress”
The stalking behaviors must be to a level that creates mental anguish, disturbance, or suffering.
Example: Five years after a man and a woman stop dating, the man has continued to break into the woman’s house and rearrange things so she will know that he has been there. Over the five year period, three pets have gone missing or shown up dead at the front door.
Non-example: Five years after a man and a woman stop dating, the man occasionally shops at the same grocery store as the woman. She finds it inconvenient to avoid him.
What are some ways to help a stalking victim?
- Encourage the victim to keep a Stalking Log. This log should include the date, time, and description of each incident, as well as how the incident made the victim feel. This is important because according to the definition of stalking, it’s based on fear and emotional distress. If the victim makes a police report, the report number and officer’s name or badge number should be recorded. Any witnesses can also be included.
- Encourage the victim to make a police report every time an incident occurs. This is important because stalking is defined as repetitive behavior. The more incidents and documented reports of those incidents, the better the behavior fits the definition of stalking. A victim must be as persistent in reporting as his/her perpetrator is in stalking.
- Assist the victim with obtaining a stalking protective order. The stalking log and police reports will be useful during this process.
- Assure the victim that he/she is not crazy. Because stalking behavior can look and feel crazy, victims often feel like others won’t believe that these behaviors are actually occurring. Help the victim feel as if they are credible.
If you or someone you know needs assistance, visit The National Center for Victims of Crime Stalking Resource Center for more resources.
Source(s)
1The Free Dictionary by Farlex. Reasonable Person. https://legal-dictionary.thefreedictionary.com/Reasonable+person+standard#:~:text=A%20phrase%20frequently%20used%20in,comparative%20standard%20for%20determining%20liability.
Suggested Citation for this Article
Glenn, K.M., Criminal Justice Know How, LLC, October 2020, Domestic Violence and Stalking. https://criminaljusticeknowhow.com/domestic-violence-and-stalking/.
