MHA Stalking Presentation for Clery Center 25th Anniversary Program

Stalking on Campus
Understanding Reporting & Investigative
Opportunities

Agenda

• Introductions
• Context
• Law Enforcement Investigations
• Threat Assessment
• Safety Planning

© Margolis Healy & Associates, LLC

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@margolishealy
#Clery25


Impact on Victims

―It’s going to take getting a bullet
put in my head before people
understand how serious this is.‖
Statement by Peggy Klinke made one month
before she was killed in January 2003


What is Stalking?

• Stalking generally refers to repeated
harassing or threatening behavior
putting another person in fear
• Experiencing repeated, obsessive, and
frightening behavior that made the victim
afraid or concerned for safety


Stalking is a...

Course of Conduct Crime
not
Incident Based Crime


Prevalence of Stalking

• Estimated 6.6 million people are stalked
annually
- Stalking Victimization in the United States, BJS (2011)

• 1 out of every 4 U.S. Women and 1 out of
every 19 U.S. men has been stalked at
some point
- National Violence Against Women Survey (2011)

• 13.1% of college women were stalked
during one semester -of Sexual Victimization of College Women (2000)
The
college.

• Individuals under 25 experience the highest
rates
National Stalking Resource Center


Prevalence - Femicide Study

• 76% of femicide cases involved at least
one episode of stalking within 12
months prior to the murder

• 85% of attempted femicide cases
involved at least one episode of
stalking within 12 months prior to the
attempted murder

- McFarlane et al. (1999). ―Stalking and Intimate Partner Femicide,‖ Homicide Studies


IPV and Stalking

• 81% of stalking victims who were
stalked by an intimate partner reported
that they had also been physically
assaulted by that partner

• 31% were also sexually assaulted by
that partner
- National Violence Against Women Survey (1998)


Stalking Victims


Stalking Reported to LE
Reported to Law Enforcement
Reported to Law Enforcement
Campus Police
Campus Police
Municipal/Local/City Police/911
Municipal/Local/City Police/911
County Sheriff
County Sheriff
State Police

State Police
Other

Other
0% 20% 40% 60% 80% 100%

0% 20% 40% 60% 80%

Both On/Off-Campus Stalking Off-Campus Stalking On-Campus Stalking
© Margolis Healy & Associates, LLC - The Sexual Victimization of College Women (2000)

Gender of Offenders
Female Victims Male Victims

Female Victims Male Victims

Male Male
Offender Offender
67% 41%

24% 43%
Female
Female Offender
Offender

- Stalking Victimization in the United States, BJS (2009)


Stalking Suspects

• 94% of female victims were stalked by men
• 60% of male victims were stalked by men
• Overall, 87% of stalkers were men
Why is this relevant to a police
investigation??


Stalking on Campus

• Stalking incidents lasted an average of
60 days
• 30% of victims were stalked only off
campus
• 66% of victims reported being stalked at
least 2 – 6 times per week

- National Sexual Victimization of College Women Survey (2000)


Reports to Law Enforcement

• 54% of femicide victims reported
stalking to police before they were
killed by their stalkers

• 46% of attempted femicide victims
reported stalking to police before the
attempted murder

LETHALITY


Recognition of Stalking

• Report of harassing behavior should raise
stalking flag

• Check whether incident is isolated or
repeated conduct, although a mere report of
harassing conduct should be cause to
assume the likelihood of prior behavior

• If a victim expresses fear of suspect, these
fears should be taken seriously and inquiry
should be made to determine the origin of the
fear

Case Study 1

John Doe (college age male) is caught
touching himself while watching a woman
shower in a residence hall. Upon
investigation, campus police learn that he
has been caught peering in windows, etc.,
at 4 women at other universities and
colleges in 4 other states.
What do we know?


Investigative Challenges

• Difficult to identify / officer misconceptions
• Criminal acts in multiple jurisdictions (police,
law enforcement, victims)
• Multiple victims?
• Ongoing crime w/ varying activity levels over
several years
• Few witnesses & little evidence
• Technology
• Police response cannot guarantee it will stop
BUILD THE CASE

Investigative Opportunities

• Stalking is a course of conduct (ongoing, long-
term crime)

• Same victim, offender, locations?
• Suspects often confess (they want to tell you
how/why they are being misunderstood)

• Police understand stalkers...
• Technology


Case Study II

A female student changes residence hall
floors in the same building. She notices
that the clock radio in the bathroom on the
5th floor is the same, unique looking clock
radio that was in the bathroom on the 2nd
floor, where she used to live. Suspicious,
she calls campus police…
What do we know?


Threat Assessment

Every professional at every stage of a
stalking case must be constantly assessing
the threat


Threat & the Status Quo

A change in the status quo raises the threat.
Risk is high when:
- Protective order is served
- Following arrest
- Trial date approaching
- Upon receipt of ―no contact‖ letter from
victim
- Following any contact with law enforcement
- Stalker loses job

Threat Assessment

• How well does suspect know victim?
• Is victim in fear? Why? Victim’s family,
friends, coworkers?

• Is victim naive about the danger?


Threat Assessment

• Develop a timeline of stalking events
• Look for escalation
6/6/11 6/8/11 6/12/11 6/15/11 6/20/11 6/25/11

Showed up at
gym Parked across Cat
Threatening street all night
call poisoned
Dead roses

letters


The next phase in the violence relationship...


Stalkers don’t just go away

This is the address of
the jail.

This was addressed to
the victim

Advantages of Charging
―Stalking‖

• To prove a Course of Conduct, the state
may introduce evidence that would
otherwise be inadmissible
• If viewed within the correct context of the
law, stalking statutes can criminalize
seemingly benign behaviors
• When properly investigated and charged
aggressively, stalking cases can save
lives


Important to Remember...

• Any type of crime or any type of
noncriminal act directed toward
the victim can be part of a
stalking case
• The law criminalizes non-criminal
behavior


Safety Planning – Goals

1.Reduce risk of encounters with
the stalker
2.Create contingency plan for what
to do if the victim does encounter
the stalker


Safety Planning - Guiding
Principles

• The victim is responsible for her own
safety
• Law enforcement can provide the
tools to protect herself/himself
• Victim must be proactive in planning
for his/her safety
• Safety planning is case specific

Strategic Considerations
• Safety planning begins at initial contact
through duration of case
• Communicate regularly with victim
• Keep victim actively involved in safety planning
• Safety plan must continue to focus on what
victim feels will work
• Assess victim’s environment—home, work,
school, routines
• With criminal charges, keep victim apprised of
case/defendant status, and release (when
applicable)

Strategic Considerations

• Encourage victims to report new offenses, and
fully inform victim of actions and reasons for
them
• Be prepared to intercede for victim if planning
puts victim’s job in jeopardy
• Activate victim’s social supports
• Involve children in planning process
• Victim should carry cell phone (and battery)
• Discourage victim from contacting stalker

Things to remember…

• Focus on the victim
• Ask victim how she interprets the
behavior (might not seem threatening to
you or me, but to her…)
• If victim senses she is in danger… LISTEN!
• If the victim OR YOU suspect that the
stalker/abuser has too much ―inside‖ info…
he probably does!


4 things to always strive for

1. Making victims feel it is safe &
appropriate to report stalking
2. Recognizing stalking when we
encounter it (even if the victim doesn’t)
3. Making victims safer from stalkers
4. Policy connection


Resources

• Stalking Resource Center (www.ncvc.org/src)
• National Higher Education Center
(www.higheredcenter.org)
• www.margolishealy.com
• www.campussentinel.com

© Margolis Healy & Associates, LLC 38
3

CAMPUS SENTINEL


Contact

Dr. Gary J. Margolis
gmargolis@margolishealy.com
1-866-817-5817


MHA Stalking Presentation for Clery Center 25th Anniversary Program

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