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Stalking—Legal/policy—articles

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A High-Tech Twist on Abuse: Technology, Intimate Partner Stalking, and Advocacy

added 06/16/2005
Cindy Southworth, Shawndell Dawson, Cynthia Fraser, and Sarah Tucker

This Violence Against Women Online Resources commissioned document summarizes the existing knowledge on the use of technology to stalk. The author uses both published literature and contributions provided by numerous survivors’ reports to provide current information on the variety of sophisticated tools that are being used to stalk current and former intimate partners. The article also provides specific strategies for advocates, including safety planning information, a resource list, and a handout for survivors.

Other formats: plaintext • pdf

A Survey of Online Harassment at a University Campus

added 09/18/2008
Jerry Finn

"This study’s sample of students was taken from the University of New Hampshire campus and found that more than half of the students received unwanted pornography and 10% to 15% of students reported receiving repeated unwanted online messages via email or instant message. The study also found that sexual minority students were more likely to be harassed online than were heterosexual students. Implications for further research and policy/program development are also discussed."

Comprehensive Issue Spotting: A Tool for Civil Attorneys Representing Victims of Domestic & Dating Violence, Sexual Assault & Stalking (pdf)

added 09/24/2009

"This is a client-centered tool for civil attorneys new to representing victims of domestic and dating violence, sexual assault, and stalking to provide comprehensive representation and advocacy for their clients."

Creating an Effective Stalking Protocol (pdf)

added 03/04/2003
National Center for Victims of Crime

This document addresses how law enforcement agencies can enhance its response to stalking. The focus is on collaborative community partnerships and protocols to help police department address stalking. It includes early intervention, preventive action, and proactive problem-solving in stalking cases.

Domestic Violence and Stalking: A Comment on the Model Anti-Stalking Code Proposed by the National Institute of Justice

added 01/13/2006
Nancy K. D. Lemon

This article presents basic information about the extent of stalking in the U.S. and discusses the origin and current status of stalking laws. An analysis of the proposed NIJ anti-stalking code discusses their effectiveness and limitations from a domestic violence perspective.

Other formats: plaintext • pdf • word • wordperfect

Domestic violence laws in Australia

added 11/11/2009

The report analyzes domestic violence legislation in all Australian States and Territories and in New Zealand in order to assist the Australian Government’s National Plan to Reduce Violence Against Women and their Children. The report notes gaps and overlaps between State and Territory domestic violence protection orders and the Family Law Act 1975.

Federal Interstate Stalking Law

added 01/09/2006
National Center for Victims of Crime

Provides definitions and interpretations of the Federal Interstate Stalking Law.

Other formats: plaintext • pdf

Handbook for legislation on violence against women (pdf)

added 09/30/2009

Based on the work of an expert group meeting in Vienna, United Nations Division for the Advancement of Women of the Department of Economic and Social Affairs developed a Handbook for Legislation on Violence against Women. This Handbook intends to provide all stakeholders with detailed guidance to support the adoption and effective implementation of legislation which prevents violence against women, punishes perpetrators, and ensures the rights of survivors everywhere.

High Conflict Divorce or Stalking by Way of Family Court? The Empowerment of a Wealthy Abuser in Family Court Litigation

added 01/04/2002
T. J. Sutherland, R.N., B.S.N., P.H.N., J.D.

Linda v. Lyle - A Case Study. Looks at the possibility that some or all high-conflict divorces are actually the manifestation of stalking behaviors by wealthy domestic abusers. Part I compares and contrasts the research on batterers and stalkers to the literature on high-conflict divorce. In Part II, an actual high-conflict case is described. Part III explores the lack of consumer protection. Part IV offers a modest proposal that may discourage protracted Family Court litigation and calls for studies that apply stalking and battering dynamics to high-conflict divorce so stalking by way of Family Court can be quantified and illuminated.

Other formats: plaintext • pdf

How to obtain U Interim Relief: A Brief Manual for Advocates Assisting Immigrant Victims of Crime (pdf)

added 11/25/2008
Sally Kinoshita, Immigrant Legal Resource Center

This manual provides U Visa information for advocates who assist victims of crime, including domestic violence. The author outlines the definition, requirements, and application process for U Visa Interim relief and also offers information on obtaining permanent residency and derivative status for family members.

Intimate Partner Violence, Technology, and Stalking

added 01/06/2009
Cynthia Southworth, Jerry Finn, Shawndell Dawson, Cynthia Fraser, Sarah Tucker

"This research note describes the use of a broad range of technologies in intimate partner stalking, including cordless and cellular telephones, fax machines, e-mail, Internet-based harassment, global positioning systems, spy ware, video cameras, and online databases. The concept of “stalking with technology” is reviewed, and the need for an expanded definition of cyberstalking is presented. Legal issues and advocacy-centered responses, including training, legal remedies, public policy issues, and technology industry practices, are discussed."

Is Stalking Legislation Effective in Protecting Stalking Victims? (pdf)

added 07/22/2003
Dr Inez Dussuyer

The purpose of this study is to examine the impact of the stalking legislation on the criminal justice system in the four years from its introduction in Victoria in 1994. This report presents the findings of the study. It examines the implementation criminal and civil components of stalking legislation in the four years since its introduction.

Is This Stalking: A Comparison Between Legal and Community Definitions of Stalking (pdf)

added 07/22/2003
Susan Dennison and Don Thomson

The purpose of this paper is to examine the extent to which the meaning of some of the ideas within stalking laws match the understanding of stalking in the community and whether these laws reflect the interests of those whom they are supposed to protect.

Stalking and Domestic Violence Report to Congress (pdf)

added 11/12/2008
U.S. Department of Justice

"This report to Congress is part of an ongoing commitment to share information about strategies that show promise in the field and about the development of laws addressing stalking. It is produced in response to Subtitle F of VAWA, which directs the U.S. Attorney General to submit a report on these issues. The report includes information on cyberstalking, victim needs, law enforcement responses to stalking, and a bibliography."

Stalking and Domestic Violence: Views of Queensland Magistrates (pdf)

added 07/22/2003
Susan Currie

This paper reviews the current law on stalking and the factors that led to amendments being made to the Queensland Criminal Code in 1999. It also presents a detailed analysis of Magistrates responses to the issue of stalking in the context of making domestic violence orders.

Stalking and the Infliction of Mental Harm (pdf)

added 07/22/2003
Deborah Wiener

"Victoria’s stalking laws were introduced just over 5 years ago and this article examines some areas of difficulty raised by the legislation: firstly, that of criminal responsibility and secondly the problem of what is meant by "physical or mental harm” and also considers some of the decisions in the area, both in Victoria and other jurisdictions."

Stalking in America: Findings From the National Violence Against Women Survey

added 08/10/1998
Patricia Tjaden and Nancy Thoennes

This is a comprehensive summary of the stalking information gathered in the recently completed National Violence Against Women Survey.

Stalking Laws

added 12/10/2008
Stalking Resource Center

Compiled by the Stalking Resource Center and the National Center for Victims of Crime, this site contains up to date information on stalking laws at the tribal, state, and federal level.

Stalking Laws and Implementation Practices: A National Review for Policymakers and Practitioners

added 01/08/2006
Neal Miller and Hugh Nugent

This report presents findings from a review of prior research on stalking and some original information gathering, resulting in a reassessment of the significance of stalking as a policy issue for criminal justice. The review also examines stalking's definitions, prevalence, and impact on victims. It provides an examination of criminal law, namely, the enactment of stalking laws and their reception in the courts and concludes with recommendations for legislators, agency administrators, funders, and researchers.
The executive summary is also available.

Other formats: plaintext • pdf

Stalking, Sexual Assault, Domestic Violence: What's in a Name? (pdf)

added 07/22/2003
Marg D’arcy

This paper explores whether the introduction of the crime of stalking and the ability to apply for intervention orders on the basis of stalking regardless of the relationship with the stalker, has hidden the reality of women’s experiences of violence. We want to explore the ‘gendered nature’ of stalking and place behaviours identified as stalking firmly in the context of part of the continuum of violence perpetrated by men against women.

Stalking: Criminal Justice Responses in Australia (pdf)

added 07/22/2003
Dr Emma Ogilvie

This paper examines current stalking legislation, police and court data within the Australian context. While the data can only be considered as indicative, rather than explanatory, the trends outlined suggest important differences in the treatment of stalking across Australian jurisdictions. Potential explanations for these differences are provided, and suggestions for future research are outlined.

Stalking: Knowns and Unknowns

added 09/18/2008
Lorraine P. Sheridan, Eric Blaauw and Graham M. Davies

Much is unknown about stalking occurring in non-western countries to determine whether it is a global phenomenon mainly because many countries have not enacted legislation that protects against this form of harassment. Cross-cultural subgroups of victims and stalkers and the co-occurrence of other crimes are to be explored as a research area. The author suggests implications for policy, practice, and research.

Stalking: Problem-Oriented Guide for Policing

added 12/10/2008
National Center for Victims of Crime

This guide summarizes knowledge about how police can reduce the harm caused by stalking. This comes in a series of guides to prevention and to improving the overall response to incidents, not to investigating offenses or handling specific incidents. The guide is written for police of whatever rank or assignment who must address the problem of stalking.

Stalking: Ramifications and Preventative Strategies for Professionals (pdf)

added 07/22/2003
Alexina Baldini and Jane Mental Health Services

This paper is divided into four sections: The first section gives the historical background of the psychologist’s eight year period of being stalked. Details of places and names have been altered to protect the privacy and confidentiality of those involved. Where the use of gender based descriptions are used, this is in relation to the situation described, and it is recognised that stalkers may be males or females and that the victims of stalking may be males or females. This section also looks at the experience of being stalked in connection with the legal system and the professional bodies concerned. The second section examines the impact on the victim, their family, neighbours, colleagues and peers. The third section concerns treatment and what the victim found was helpful and unhelpful in dealing with the experience. The fourth section includes recommendations relating to legislation, professional bodies, and training and orientation of students and new professionals.

Standards of Practice for Lawyers Representing Victims of Domestic Violence, Sexual Assault and Stalking in Civil Protection Order Cases (pdf)

added 09/24/2009

"These Standards are presented as aspirational guidelines for the operation of legal service providers, pro bono legal service providers, and individual lawyers representing victims of domestic violence, sexual assault and stalking in civil protection order cases."

Strengthening Anti-Stalking Statutes

added 03/17/2003

This document provides an overview of state legislation and current issues related to stalking. Although stalking is a crime in all 50 states, significant variation exists among statutes as to the type of behavior prohibited, the intent of the stalker, whether a threat is required, and the reaction of the victim to the stalking. In particular this report highlights various circumstances in which relevant laws are applied, emphasizing their successful implementation.

The Internet and Cyberstalking (pdf)

added 07/22/2003
Dr Emma Ogilvie

This paper focuses upon cyberstalking because in this way it becomes possible to discern what is special about criminality that takes advantage of the unique possibilities offered by the Internet.

The Model Stalking Code Revisited: Responding to the New Realities of Stalking (pdf)

added 04/10/2008
National Center for Victims of Crime

This document was developed to assist states that are working to strengthen their stalking laws and report recommends updates to the 1993 Model Anti-Stalking Code for the States developed at the direction of Congress by the National Institute of Justice, U.S. Department of Justice.

The Sexual Victimization of College Women (pdf)

added 11/12/2008
Bonnie S. Fisher, Francis T. Cullen, Michael G. Turner, U.S. Department of Justice

Women attending colleges are at greater risk for rape and other forms of sexual assault than the general population or in another comparable age group. The study found that many women do not characterize their sexual victimization as a crime for a number of reasons including blaming themselves.The study reinforces the importance of many organizations’ efforts to improve education and knowledge about sexual assault.

The Tactical Topography of Stalking Victimization and Management

added 09/18/2008
BRIAN H. SPITZBERG

"This study conducted reported the average proportion of female victims across studies was 75%, and 77% of stalking emerged from a prior acquaintance, with 49% from intimate relationships. New typologies of stalking behavior, coping responses to stalking, and symptomology due to stalking victimization are reported and the author ends by presenting how these typologies should serve to influence new policy, practice, and research."

The Use of Technology to Stalk

added 12/10/2008
Stalking Resource Center

This page provides links to various sites detailing how the use of technology can facilitate stalking, provides tips on keeping safe, and provides information on laws pertaining to stalking.

The Violence Against Women Act: Commemorating 15 Years of Working Together to End Violence

added 09/30/2009

With the help of advocates, coalitions, and community partners around the country, VAWA (Violence Against Women Act) was federally enacted in 1994. VAWA recognized the devastating consequences that violence has on women, families, and society as a whole. Countless lives have been saved, the voices of survivors have been heard, families have been protected, and the criminal justice community has been trained on the complex responses to domestic violence, sexual assault, dating violence and stalking. The United States Department of Justice, Office on Violence Against Women celebrates 15 years since the passage of VAWA.

Woman Stalking in Iran (pdf)

added 07/22/2003
Amir Hossein Kordvani

"This paper comprises four parts: the first part discusses in brief the main factors that have impact on stalking of women in Iran. Then, in the second part, by classifying the stalkers according to their profiles, we will turn to analysing the effect of each factor on individuals. In part three, statistics drawn from a recent survey will be discussed and finally, in part four,the existing legal remedies to control stalking will be discussed."