The Crime of Stalking

I have been an Investigator for over 25 years, bothThey hoped that the move would throw the man
as a police detective and as a private investigator. Ioff their trail. Once in their new Capital Hill apartment,
have handled cases of just about any type ofthe couple began to feel more secure. The man had
criminal and civil (tort) violation that happens in thisbeen nowhere to be seen in the last several weeks
country. The one criminal case that has frightenedand Pam began to venture out more and more on
me, for the victim, more than any other is stalking.her own.
Who are the victims? Anyone can be the victim of aShe was shopping at the Cherry Creek Mall and went
stalker. Often it is a former spouse or partner. Manyinto a pharmacy located near there. As she was
times it is a public figure or celebrity, a child, or ashopping she happened to look up and saw the man.
casual acquaintance or a complete stranger.He was standing by the cash register talking to the
Stalking is defined by Colorado State Statute 18-9-111clerk. Panicked Pam fled the store. As she ran by the
Harassment-Stalking (4)(b), as Subsection III, statesman he reached out and grabbed her and the fight
that if a person repeatedly follows, approaches,was on! He told her he was store security and had
contacts, places under surveillance, or makes anywitnessed her stealing. He went so far as to try and
form of communication with another person, ahandcuff her. Pam fought so hard that someone in
member of that person's immediate family, orthe crowd called 9-1-1 and the police were
someone that person has or has had a relationshipsummoned. Before the police department arrived
with in a manner that would cause a reasonablehowever, an off-duty, but uniformed, officer stopped
person to suffer serious emotional distress and doesto see what was going on. The man seeing the police
cause that person, a member of that person's familydropped his handcuffs and fled. Pam ran to the
or the person that had the relationship to sufferofficer and told him what had happened.
serious emotional distress commits stalking.oAn investigation into the incident was conducted by
Survivors, Inc. has published some very disturbinguniformed officers and it was determined that Pam's
statistics about this crime;o 1,006,970 women andassailant was not an employee of the business. Pam
370,990 men are stalked annually in the Unitedmade a police report for the assault and attempted
Stateso 1 in 12 women and 1 in 45 men will beabduction and it was assigned to a detective for
stalked in their lifetimeo 81% of women stalked by ainvestigation.
current or former intimate partner have beenA few days later the man, now a suspect,
physically assaulted by that partner.o The averageapproached a construction crew near Pam and Fred's
duration of a stalking is 1.8 years, but increases to 2.2apartment and asked to borrow a ladder. He told the
years when involving an intimate partner.o 87% of allforeman of the crew he had locked himself out of
stalkers are men. 2/3 of stalkers pursue theirhis third story apartment. The foreman let him
victim(s) at least once a week, many daily, usingborrow the ladder, but thought better of it and called
more than one method.o 78% use more than onethe police.
approach to the victim and weapons are used in 1The man was caught and identified. He was arrested
out of 5 cases.o And perhaps the most disturbingand charged with Harassment/Stalking. The case was
thing about a stalker is that 1/3 of all stalkers areassigned to me and I interviewed the suspect. He
serial offenders.was identified as Michael Murphy, not his real name,
One of the most disturbing aspects for a womanand interviewed. He had the odd habit of answering a
stalked by a previous intimate partner is that; 54%question verbally in one manner and at the same
of the victims, who were murdered, by the stalker,time shaking or nodding his head in the opposite
had reported the stalking to the police.response.
The case I am most familiar with happened in 2002It was determined that Michael, a white male in his
and started in the Auraria Campus Bookstore: Pam,20's, was from Boston. He had lived there with his
not her real name, was shopping for her requiredparents, who were professors at Harvard College. I
books prior to the start of the fall semester. As shecontacted his father and learned that Michael had
walked through the store she noticed that a manbeen in trouble in Boston for "allegedly" stalking a
was following her. At first she rationalized that hecollege co-ed there. The college and his parents
wasn't really following her, but that he was simplythought it best that Michael move to Denver and
walking behind her, doing his own shopping. Thenstay with his aunt.
when she was standing in line waiting to pay for herAs I spoke to Michael he revealed that he only
purchases she observed this man standing near thefollowed women to protect them. He felt that the
front exit staring at her. She described her reaction,women he "protected" were in dangerous
"The hair stood up on my arms and I saw his eyes.relationships and needed him to "keep an eye" on
His eyes never blinked they just bore into me".them. He could not understand that what he was
What does the research tell us about stalking thatdoing was wrong. Michael was tried and found guilty
happens on college campuses: According to a reportof Harassment/Stalking and sentenced accordingly.
issued by the California State University DepartmentJust why did Michael stalk Pam? In a study
of Police Services, Northridge: 13% of college womenconducted by the aardvark (An Abuse, Rape and
were stalked during the 6-9 month period of theDomestic Violence Aid and Resource Collection) it
study. 80% of the victims knew their stalkerswas found that a clear relationship existed between
(leaving 20% who were stalked by strangers) andstalking and other emotionally controlling and
30% reported being injured emotionally orphysically abusive behavior. Most offenders were
psychologically from being stalked. Pam left the store,men who had control issues. The study also revealed
walking by the man who seemed not to be watchingthat the offenders vandalized the victim's property
her leave, and went home. She had no reason toabout 30% of the time and even killed their pets,
believe that her life was about to change.about 10% of the time. The National Violence Against
In the weeks that followed Pam became involved inWomen (NVAW) Survey, co-sponsored by the
her class work and forgot about the incident at theNational Institute of Justice and the Centers for
bookstore. One evening, about a month after theDisease Control conducted a telephone survey of
initial event, Pam and her boyfriend Fred, again not8,000 women and another 8,000 men. Through this
his real name, were shopping in their local market. Assurvey they determined that 8% of all women and
Pam walked the aisles filling her cart she sensed2% of all men in this country have been victims of
someone watching her. She became alert andstalking. Until that point Health Care Professionals had
watched the people moving around her. At the endestimated that perhaps 200,000 people were the
of her aisle she observed the same man who hadvictims of stalking annually. The survey went on to
followed her in the campus bookstore. Again he waspredict offender profiles. They found the following:
staring at her. Pam went looking for Fred. When sheSevere parental discipline, anxious attachment and
found Fred she told him what had happened. Thethe need to control one's partner constituted a
two of them spent several minutes lookingcluster of predictive indicators for stalking. A study of
throughout the market for the man who hadstalkers by Rosenfeld, "Recidivism in Stalking and
disappeared. They left the market promising eachObsessional Harassment" (2003) and published in the
other to be very careful.Journal of Law and Human Behavior found that 50%
Pam continued her classes but was always watchingof stalkers re-offend.
for the man, who frightened her. The psychologicalThe National Center for Victims of Crime stated that
terror documented in the Northridge Study hadall too often victims do not fully appreciate the
begun for Pam.danger of being stalked. There is no clear course of
Midweek, Pam got off her bus and was preparing toaction for a victim to follow. Protection Orders were
walk home, when she saw the same man standingobtained by 28% of the women and 10% of the
across the street from her, astride a bicycle, staringmen who were victimized. 69% of the orders the
at her. Pam panicked and started to run home. Aswomen obtained and 81% of the orders the men
she ran she began to think that going straight homeobtained were violated! Almost half of the victims
was not a good idea. The man might follow her andtried to avoid the stalker to no avail. Others tried
learn where she lived. In reality the man had almosttraveling with companions at all times; getting caller
assuredly followed her home in the days before heID; security systems for their homes; and counseling.
allowed himself to be seen at the bus stop. So, sheThese tactics had very little impact on the offender.
ran in a random pattern until she was sure he was noLaws against stalking are in place in all 50 states; 15
longer following her. She admitted to me much laterstates classify stalking as a felony on the first
that she had never looked back to see if she wasoffense and 34 states classify it as a felony on the
being followed. She was too afraid of what shesecond offense. In the remaining state it is a
would see. Pam told Fred what had happened andmisdemeanor. With all of these laws in place there
drew him into the terror. He was afraid to let Pamhas been no direct impact on the number of stalking
out of his sight. They changed their daily routines.victims in this country. The statistics remain nearly
A few weeks went by uneventfully. Pam and Fredthe same from year to year.
began to relax and were even hopeful that the manWhat should you do if you find yourself the victim of
had decided to leave her alone. As Pam was ridinga stalker?o Call the police and make a report.
the bus home one evening she happened to look outDocument the facts and give the best description
the window and saw the man riding alongside the busthat you can give.o Tell friends and family what is
on a bicycle. She decided not to get off the bus atgoing on and ask them for support.o Be alert to your
her normal stop. She rode until she no longer saw thesurroundings, who is nearby and what they are
man.doingo Remember that if you are being stalked the
On their next trip to the market Fred and Pamoffender has the upper hand. He can follow you from
stayed together. Pam again saw the man standing atany location to any other location and eventually
the entrance to her aisle. She pointed him out toknow as much about your actions as you do. Once
Fred who decided to talk to the guy. Fred didyou realize you are being stalked it is too late to try
approach the man and began to tell him, very loudly,and use evasive actions to try and lose the stalker.o
to stay away from Pam. The man simply deniedObtain a restraining order or protection order even
knowing what Fred was talking about. Fred decidedthough they are so often violated. It is a way to
to get Pam and leave before he became the subjectshow the emotional distress needed as an element
of a disturbance call to the police.of the crime.
Fred and Pam decided to move to another part ofFinally think of hiring a private investigator that can
the city. According to Survivors, Inc. approximatelydevote the time and energy necessary to
11% of stalking victims relocate, often to other cities.documenting the facts and identifying the suspect.