STALKING. Expanded access to civil orders of protection for victims of stalking. Meg Savage Kentucky Coalition Against Domestic Violence

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1 STALKING Expanded access to civil orders of protection for victims of stalking Meg Savage Kentucky Coalition Against Domestic Violence

2 Stalking some statistics 7.5 million people are victims of stalking every year in the US Over 85% of victims are stalked by someone they know 61% of female victims and 44% of male victims are stalked by a current or former intimate partner

3 Persons aged have the highest rates of stalking 11% of victims were stalked for five or more years by the same stalker 46% of victims report at least one unwanted contact from the stalker per week Matthew J Breiding at al, Prevalence and Characteristics of Sexual Violence, Stalking and Intimate Partner Violence Victimization, National Intimate Partner and Sexual Violence Survey, United Sates 2011, Center For Disease Control And Prevention Morbidity and Mortality Weekly Report Vol 63 no. 8 (2014)

4 54% of femicide victims reported stalking to police before they were killed by their stalkers. Judith McFarlane et al., Stalking and Intimate Partner Femicide, Homicide Studies 3, no. 4 (1999) The prevalence of stalking among Kentucky women is 27.7% compared to the national average of 16.2% National Intimate Partner and Sexual Violence Survey, United Sates 2011, Center For Disease Control

5 Stalking IPOs KRS (7) Stalking refers to conduct prohibited as stalking under KRS or

6 Misdemeanor Stalking KRS (1) A person is guilty of stalking in the second degree when he intentionally: a. stalks another person, and b. makes an explicit or implicit threat with the intent to place that person in reasonable fear of: 1.Sexual contact as defined in KRS ; 2.Physical injury; or 3.Death.

7 Definitions KRS (1)(a) to stalk means to engage in an intentional course of conduct Directed at a specific person or persons; Which seriously alarms, annoys, intimidates or harasses the person or persons; and Which serves no legitimate purpose.

8 KRS (1)(b) The course of conduct shall be that which would cause a reasonable person to suffer substantial mental distress. KRS (2) Course of conduct means a pattern of conduct composed of two or more acts evidencing a continuity of purpose

9 Course Of Conduct cont. One or more of these acts may include the use of any equipment, instrument, machine, or other device by which communication or information is transmitted, including computers, the Internet or other electronic network, cameras or other recording devices, telephones or other personal communication devices, scanners or other copying devices and any device that enables the use of a transmitting device.

10 Constitutionally Protected Activity Constitutionally protected activity is not included within the meaning of course of conduct. If the defendant claims that he was engaged in constitutionally protected activity, the court shall determine the validity of that claim as a matter of law, and, if found valid, shall exclude that activity from evidence.

11 Felony Stalking KRS Same basic elements as misdemeanor, but threat has to be of serious physical injury (or sexual contact, death) Additionally, there must be one of the following present: A protective order has been issued by the court to protect the same victim or victims and the defendant has been served with the summons or order or has been given actual notice; or

12 Felony Stalking cont. A criminal complaint is currently pending with a court, law enforcement agency, or prosecutor by the same victim or victims and the defendant has been served with a summons or warrant or has been given actual notice; or The defendant has been convicted of or pled guilty within the previous five years to a felony or to a class A misdemeanor against the same victim or victims

13 Felony Stalking cont The act or acts were committed while the defendant had a deadly weapon on or about his person. For purposes of obtaining an IPO, there is no requirement that these additional elements of felony stalking be present in the facts. Proof of misdemeanor stalking should be sufficient.

14 IPO Upon Stalking Conviction KRS available for either misdemeanor or felony stalking May be issued by the criminal court Conviction operates as sufficient proof Defendant can ask for a hearing Entered for up to 10 years and renewable

15 What Is Stalking? A course of conduct directed at a specific person that creates an implicit or explicit threat and induces fear or concern for personal safety or the safety of close others This type of conduct loosely falls into four categories, and advocates and police can ask the victim specific questions about these activities to get a clear and detailed picture of the behavior of the stalker

16 Surveillance Following Showing up unexpectedly/unwanted Spying sometimes through third parties Using technology to track victim or their activities Keeping tabs on the victim

17 Life Invasion Repeated unwanted contact after the victim has indicated they do not want to be contacted in person or by phone, text, , card/note, message, third parties and social media Victim may change phone numbers, locks, residence, work place, social groups, travel routes Stalker persistence stalked does not acknowledge victim s wishes, does not acknowledge boundaries

18 Intimidation Implicit and explicit threats, third party threats, forced confrontations, property damage and threatened suicide Heightened fear on the part of the victim for self and others Why is this particular behavior or act threatening to this victim?

19 Interference Disruption of the victim s life and relationships professional life as well as social, financial, or academic possibly including physical or sexual attacks

20 Duration, Intensity, Frequency When did it start? How long has it been going on, even if there were periods of inactivity? Has the behavior escalated? Has there been proxy stalking or are others involved? How often does the stalker make their presence known? How often do they directly approach you/interfere with your life?

21 Evidence Of Course Of Conduct Documentation log Witnesses to tactics/acts friends, family, coworkers Phone, text, voic , , video, photo, gifts, social media Police logs Look for patterns of behavior to show intent

22 Evidence Of Fear Change in routine to avoid encounters Effort and money spent on safety measures changing locks, changing residence, changing jobs Service providers has the victim reached out for assistance from advocates, law enforcement, pastor, family, friends, medical/mental health personnel?

23 Stalking Log Date Time Description of incident Location of incident Witness name/address/phone Police called officer badge number/report number Victim reaction important place to record how incident caused fear or why victim felt threatened

24 KRS (1) Domestic violence and abuse includes stalking However, stalking here is undefined

25 Bullying Can some bullying activity fit under the definition of misdemeanor stalking?

26 outrageus.org resource center Meg Savage