Matt Markon, Esq.
Download
1 / 63

- PowerPoint PPT Presentation


  • 275 Views
  • Uploaded on

Matt Markon, Esq. 202-467-8727. Stalking and Disability. What is stalking? Defined by statute Common theme present in all statutes Common perceptions What is disability? How do we define it? What statutes do we use?. What is a Disability?. Any physical, sensory, or mental impairment

loader
I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
capcha
Download Presentation

PowerPoint Slideshow about '' - aderes


An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript
Slide1 l.jpg

Matt Markon, Esq.

202-467-8727


Stalking and disability l.jpg
Stalking and Disability

  • What is stalking?

    • Defined by statute

      • Common theme present in all statutes

    • Common perceptions

  • What is disability?

    • How do we define it?

      • What statutes do we use?


What is a disability l.jpg
What is a Disability?

Any physical, sensory, or mental impairment

  • or any combination of these


What is problematic with this definition of disability l.jpg
What is problematic with this definition of disability?

  • It doesn’t really help us.

  • “Disabled persons” is so broad to be meaningless.

  • Different “disabilities” bring different challenges to the practitioner

  • “What challenges does this case present?”


What is stalking l.jpg
What is Stalking?

  • Stalking generally refers to repeated harassing or threatening behavior putting another person in fear.


Stalking l.jpg
Stalking

  • Can seemingly non-threatening behavior be stalking?

    • Case example from Tom Kirkman

  • Context is EVERYTHING!!!


Prevalence of stalking l.jpg
Prevalence of Stalking

  • 1 out of every 12 U.S. Women (8.2 million) and 1 out of every 45 U.S. men (2 million) has been stalked at some point.

  • Estimated 1.4 million people are stalked annually.

  • Campus Study: 13.1% of college women were stalked during a one semester survey.


Relationship to stalker l.jpg
Relationship to Stalker:

  • 77% of female victims are stalked by someone they know.

  • 23% of female stalking victims are stalked by strangers.

    • NVAW Study (1998)


Stalking dv sexual assault l.jpg
Stalking, DV & Sexual Assault

  • 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

    >>>NVAW Study (1998)


Prevalence femicide study l.jpg
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.


Physical abuse and stalking l.jpg
Physical Abuse and Stalking

  • 67% of femicide victims had been physically abused by their intimate partner in the 12 months before the murder.

  • 89% of femicide victims who had been physically abused had also been stalked in the 12 months before the murder.


Reports to law enforcement l.jpg
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.


Victim s reactions l.jpg
Victim’s Reactions

  • Sociologist Jennifer Dunn, PhDresearched victim’s responses to stalking by former intimate partners.

    • Courting Disaster: Intimate Stalking, Culture, and Criminal Justice, Jennifer L. Dunn


Four types of victim reactions l.jpg
Four Types of Victim Reactions

  • Active resistance

    • Threats to call 911; Physical struggle; Recording stalker’s behavior

  • Help seeking

    • Calling police; Escorted to car; Screaming for help

  • Coping to reduce danger

    • Screening calls or changing number; Moving; Staying with family or friends; Hiding

  • Coping by complying with stalker’s demands

    • Visiting stalker; Going places with stalker; Continuing sexual relations with stalker; Requesting case be dropped



  • Slide16 l.jpg

    Women with disabilities experience disabilities?

    the highest rate of personal violence –

    violence at the hands of spouses, partners,

    boyfriends, family members, caregivers, and

    strangers – of any group in our society today.

    Abramson, W., Emanuel, E., Gaylord, V., & Hayden, M. (Eds.). (2000). Impact: Feature Issue on Violence Against

    Women with Developmental or Other Disabilities, 13 (3). Minneapolis: University of Minnesota, Institute on Community Integration.


    Slide17 l.jpg

  • A study of 482 children with documented maltreatment evaluated at the Center for Abused Handicapped Children at Boys Town Research Hospital in Omaha, NE, reveals that more than half (53.4%) of the deaf children report being sexually abused.

    • Sullivan, P.M., Vernon, M., & Scanlan, J., 1987. "Sexual abuse of deaf youth." American Annals of the Deaf, 132, 256-62.


  • Slide18 l.jpg

    “Studies suggest that mentally disabled people are at least four times more likely than other Americans to be targets of sexual assault and other violence. Some studies indicate that more than 75 percent of mentally disabled women are sexually abused.”

    Justice Dept. background on crime against the disabled:

    http://www.ojp.usdoj.gov/ovc/factshts/disable.htm

    Published by the Institute on Community Integration (UAP) · Research and Training Center on Community Living Volume 13 · Number 3 · Fall 2000


    Slide19 l.jpg

    • Persons with developmental disabilities have a high risk of being sexually abused. One researcher estimates that 90% of people with developmental disabilities will be sexually victimized in their lifetime, yet only 3% of the assaults will ever be reported.

    • Sobsey, D. & Doe, T. (1991) Patterns of sexual abuse and assault. Sexuality and Disability, 9 (3), 243-259; Tyiska, 1998) Tyiska, C. (1998). Working with victims of crime with disabilities (OVC Bulletin). Washington, D.C: U.S. Department of Justice..


    Stalking and disabilities l.jpg
    Stalking and Disabilities being sexually abused. One researcher estimates that 90% of people with developmental disabilities will be sexually victimized in their lifetime, yet only 3% of the assaults will ever be reported.

    • Have some things in common

    • They aren’t being identified

    • Response to them is inadequate


    Are disabilities being identified l.jpg
    Are disabilities being identified? being sexually abused. One researcher estimates that 90% of people with developmental disabilities will be sexually victimized in their lifetime, yet only 3% of the assaults will ever be reported.

    • How many shelters are checking for TBI, concussions?

      • Victims are labeled as borderline when they miss appointments

      • Are they asking about prior incidents of unconsiosness?

  • How many are actually having victims assessed for trauma related mental issues? (not just saying it is ptsd)


  • Is stalking being identified l.jpg
    Is stalking being identified? being sexually abused. One researcher estimates that 90% of people with developmental disabilities will be sexually victimized in their lifetime, yet only 3% of the assaults will ever be reported.

    Independent living centers

    • Are they even looking at stalking?

    • Do they have protocol in place?

    • Shelters?

    • S/A programs?


    There are no profiles of stalkers l.jpg
    There are NO profiles of stalkers! being sexually abused. One researcher estimates that 90% of people with developmental disabilities will be sexually victimized in their lifetime, yet only 3% of the assaults will ever be reported.


    What we can say about stalkers l.jpg
    What we can say about stalkers being sexually abused. One researcher estimates that 90% of people with developmental disabilities will be sexually victimized in their lifetime, yet only 3% of the assaults will ever be reported.

    Many Stalkers have:

    • Above average intelligence

    • Dependant personalities

    • Controlling personalities

    • Relationship stalkers tend to have Personality Disorders

    • Often Narcissistic, Antisocial and/or Borderline


    Psychology of stalking l.jpg
    Psychology of Stalking: being sexually abused. One researcher estimates that 90% of people with developmental disabilities will be sexually victimized in their lifetime, yet only 3% of the assaults will ever be reported.

    • Wright, Burgess, Burgess, Laszlo, McCrary and Douglas (1996). A Typology of Interpersonal Stalking(Journal of Interpersonal Violence, Vol. 11 No. 4, Dec 1996)


    Categories of stalkers l.jpg
    Categories of Stalkers being sexually abused. One researcher estimates that 90% of people with developmental disabilities will be sexually victimized in their lifetime, yet only 3% of the assaults will ever be reported.

    • Nondomestic Stalker

      • Organized

      • Delusional

  • Domestic Stalker


  • Nondomestic stalker l.jpg
    Nondomestic Stalker being sexually abused. One researcher estimates that 90% of people with developmental disabilities will be sexually victimized in their lifetime, yet only 3% of the assaults will ever be reported.

    • No interpersonal relationship with victim

    • May target victim from brief encounter or simply an observation

    • Victim may be unable to identify the stalker when first becoming aware of the stalking


    Organized delusional l.jpg

    Relationship between stalker and victim is one-way being sexually abused. One researcher estimates that 90% of people with developmental disabilities will be sexually victimized in their lifetime, yet only 3% of the assaults will ever be reported.

    Anonymous communications

    Until the first communication – Victim is often unaware

    Unknown identity

    Casual contact – described to victim - to let the victim know that stalker is capable of carrying out threats

    Relationship is based on stalker’s psychological fixation

    Fusion (stalker blends his or her personality into the victim’s) or

    Erotomania (fantasy of idealized love or spiritual union) or

    Narcissistic Linking Fantasy

    Command Hallucinations or Religious fantasy

    Organized Delusional


    Domestic stalker l.jpg

    Former relationship between stalker and victim being sexually abused. One researcher estimates that 90% of people with developmental disabilities will be sexually victimized in their lifetime, yet only 3% of the assaults will ever be reported.

    Victim aware of stalking

    Prior abuse or conflict with stalker (Domestic Violence)

    Stalker often seeks to continue or reestablish a relationship that victim has attempted to end

    Motivation evolves into “If I can’t have her, no one can.”

    Victim will often express feeling “smothered” in prior relationship

    Murder/suicide

    Domestic Stalker


    Why do they stalk l.jpg
    Why do they stalk? being sexually abused. One researcher estimates that 90% of people with developmental disabilities will be sexually victimized in their lifetime, yet only 3% of the assaults will ever be reported.

    • Rejection (real or imagined)

      • Threatens stalker’s narcissistic fantasy of themselves (superior, intelligent, important, powerful, admired, or that stalker’s relationship with victim is their destiny)

      • Stalker’s fantasy of self + rejection (real or imagined) leads to feelings of shame, humiliation, and finally to rage

    • Stalking increases feelings of Power & Control (reinforces narcissistic fantasy)

    • Obsession and maladaptive coping mechanisms


    Stages of stalking l.jpg
    Stages of stalking being sexually abused. One researcher estimates that 90% of people with developmental disabilities will be sexually victimized in their lifetime, yet only 3% of the assaults will ever be reported.

    • Catalysation

    • Development

    • Harassment

    • Intrusion

    • Contact


    Catalysation l.jpg
    Catalysation being sexually abused. One researcher estimates that 90% of people with developmental disabilities will be sexually victimized in their lifetime, yet only 3% of the assaults will ever be reported.

    • Stalker has some connection to victim.

      • Intimate relationship

      • Delusional relationship


    Development l.jpg
    Development being sexually abused. One researcher estimates that 90% of people with developmental disabilities will be sexually victimized in their lifetime, yet only 3% of the assaults will ever be reported.

    • Stalker develops high level of interest in victim.

    • Stalker desires to be the center of victim’s life.

    • Stalker begins to feel extreme like or extreme dislike of victim.


    Harassment l.jpg
    Harassment being sexually abused. One researcher estimates that 90% of people with developmental disabilities will be sexually victimized in their lifetime, yet only 3% of the assaults will ever be reported.

    • Victim becomes aware of the stalker

    • Extreme affection for victim

      • Telephone harassment

        • Obscene calls, hang up calls etc…

      • Love notes, flowers, cards, gifts etc…

  • Extreme dislike or hatred of victim

    • Vandalism

    • Telephone harassment

      • Threatening calls, silent calls, hang up calls etc…

    • Hate mail


  • Intrusion l.jpg
    Intrusion being sexually abused. One researcher estimates that 90% of people with developmental disabilities will be sexually victimized in their lifetime, yet only 3% of the assaults will ever be reported.

    • Increased confidence of stalker

    • Stalking feels good

      • Position of power and control

      • Feelings of superiority

        • Thrill of getting away with it


    Contact l.jpg
    Contact being sexually abused. One researcher estimates that 90% of people with developmental disabilities will be sexually victimized in their lifetime, yet only 3% of the assaults will ever be reported.

    • Physical Proximity

      • Following, watching, driving by in car

      • Approaching victim in public place

      • Direct confrontation in public

    • Physical contact with victim

      • Violent act

        • Mental abuse (violent threat)

        • Physical assault

        • Sexual assault

        • Murder


    What makes stalking difficult for law enforcement l.jpg
    What makes Stalking difficult for Law Enforcement? being sexually abused. One researcher estimates that 90% of people with developmental disabilities will be sexually victimized in their lifetime, yet only 3% of the assaults will ever be reported.

    • Varying Activity Levels Over Several Years

    • Incidents in Multiple Jurisdictions

    • Difficult to Identify/ Officer Misconceptions

    • Course of Conduct Defines the Crime

      • Single acts may only be illegal within overall scheme

  • Few Witnesses

  • Evidence (none; little; can’t be tied to stalker)

  • Law Enforcement Response Can Not Guarantee Stalking Will Stop


  • What about stalking can make it easy to investigate l.jpg
    What About Stalking Can Make It Easy to Investigate? being sexually abused. One researcher estimates that 90% of people with developmental disabilities will be sexually victimized in their lifetime, yet only 3% of the assaults will ever be reported.

    • Same Victim

    • Same Offender

    • Same Locations

    • Stalking Is A Course of Conduct

      • Ongoing Long-Term Crime


    Slide39 l.jpg

    Stalking Investigation being sexually abused. One researcher estimates that 90% of people with developmental disabilities will be sexually victimized in their lifetime, yet only 3% of the assaults will ever be reported.


    First responder l.jpg
    First Responder being sexually abused. One researcher estimates that 90% of people with developmental disabilities will be sexually victimized in their lifetime, yet only 3% of the assaults will ever be reported.

    • Any time there is a report of harassing behavior – look for stalking!

    • Any time there is more than one incident of harassment – treat the case as stalking!

    • Determine if there is any prior police involvement

    • Remember: victims often put up with stalking for a long time before reporting it


    Follow up investigation l.jpg
    Follow Up Investigation being sexually abused. One researcher estimates that 90% of people with developmental disabilities will be sexually victimized in their lifetime, yet only 3% of the assaults will ever be reported.

    • Threat Assessment

    • Establishing Corroboration


    What does threat assessment tell us l.jpg
    What does threat assessment tell us? being sexually abused. One researcher estimates that 90% of people with developmental disabilities will be sexually victimized in their lifetime, yet only 3% of the assaults will ever be reported.

    • Which individuals show signs that demonstrate they pose a risk at a particular point in time.

    • All other individuals are of “unknown risk”.

    • We can never use risk assessment to determine that a person is Not a risk!


    Information about victim l.jpg
    Information About Victim being sexually abused. One researcher estimates that 90% of people with developmental disabilities will be sexually victimized in their lifetime, yet only 3% of the assaults will ever be reported.

    • How well does suspect know victim?

    • Is victim vulnerable to attack?

      • Target Hardening: ways to make the victim less vulnerable to an attack

    • Is victim in fear?

      • Why?

      • Victim’s family, friends, coworkers?

    • Is victim naive about the danger?


    Information about stalker l.jpg
    Information About Stalker being sexually abused. One researcher estimates that 90% of people with developmental disabilities will be sexually victimized in their lifetime, yet only 3% of the assaults will ever be reported.

    Thorough documentation of any:

    • Prior threats

    • Pursuit or following

    • Emotional outbursts or rage

    • Mental illness

    • Substance abuse

    • Animal abuse

    • Possession or fascination with weapons

    • Violations of Protective Orders



    Slide46 l.jpg


    Suspect s behavior l.jpg
    Suspect’s behavior you do not forget anything

    • Is there a pattern of increasingly more personal communications?

      • Vague messages followed by more personal communications

  • Have there been any changes (increase or decrease) in the frequency of the stalker’s activities or communications?


  • Slide48 l.jpg



    Have there been rehearsals of the act that is being threatened l.jpg
    Have there been “rehearsals” of the act that is being threatened?

    • Can be verbal “picture painting”

      • “Let me tell you what I'm going to do . . .”

    • Partial re-enactments

      • Showing someone the weapon you intend to use or the place where you’re going to kill or bury them.

    • Symbolic violence

      • Cutting the head off a toy doll belonging to or representing the victim.


    Slide51 l.jpg


    Is the threat detailed and specific l.jpg
    Is the threat detailed and specific? knows” may indicate a more serious intention to follow through.

    • Threats can be evaluated in a similar manner to the way we examine potential suicides

      • Generally, the more thought that’s gone into the plan (evidenced by the amount and specificity of the detail), the more likely it is to be acted on

    • Examples:

      • “I’m going to kill you”

      • “Tonight, I’m going to stop by your work while you are alone. I am going to enter through the side door which is unlocked until nine o’clock when the maintenance people leave. Then I am going to shoot you twice in the head and twice in the chest and leave through the back door to the mail room which opens into the alley where I am going to park my car”


    High risk factors l.jpg
    High Risk Factors knows” may indicate a more serious intention to follow through.

    • Offender’s Past Behavior

    • Sexual Intimacy with Victim

    • Substance Abuse

    • Symbolic Violence

    • No Mental Illness


    Other red flags l.jpg

    Threats to kill victim knows” may indicate a more serious intention to follow through.

    Access to weapons

    Violation of Protective Orders

    Physical access to victim

    Suicidal threats or thoughts

    History of stalking

    Other Red Flags


    Interview of stalker tell us how your actions are being misunderstood l.jpg
    Interview of Stalker knows” may indicate a more serious intention to follow through.“Tell us how your actions are being misunderstood.”

    • Stalker’s thinking and behavior toward victim (Threat Assessment)

      • Video tape interview

        • Evaluation by mental health expert

  • Stalkers are very intelligent

    • Stalker will likely attempt to rationalize, deny or “outsmart” the interviewer

  • Caution: Police contact can increase stalker’s interest in victim or escalate threat


  • Search warrants l.jpg
    Search Warrants knows” may indicate a more serious intention to follow through.

    • Stalker’s residence and vehicle

      • Photos of victim

      • Photos, drawings, or sketches of victim’s home, work, or school

      • Writings, logs, diaries describing thoughts, actions or fantasies

      • Video or cassette tapes

      • Books relating to stalking or violence

      • Any devices or objects that could be used to stalk (cameras, binoculars, GPS, night vision)

      • Anything that belongs to or relates to the victim


    Search warrant l.jpg
    Search Warrant knows” may indicate a more serious intention to follow through.

    • Computers!

      • Cookies

      • Bookmarks


    Other evidence l.jpg
    Other Evidence knows” may indicate a more serious intention to follow through.

    • Seize anything that corroborates the stalking including:

      • Phone messages

      • Letters, notes etc.. from stalker

      • Objects sent from stalker

    • Photo any damaged property graffiti etc…

    • Examine damaged items for latent prints

    • For each incident, find corroborating witnesses!

    • Phone records


    Surveillance l.jpg
    Surveillance knows” may indicate a more serious intention to follow through.

    • “Stalk the Stalker” programs

    • Provides corroboration

      • Suspect can be caught in the act

        Orange County Sheriff’s Office, Florida

      • DV + Violation of Protective Order = Homicide

      • In 1996 purchased night vision cameras, GPS systems etc…

      • In 1996 DV homicides 34%

      • Less than 1% in the last year


    Ways that law enforcement can strengthen cases l.jpg

    Empower victim to play an active role in investigation knows” may indicate a more serious intention to follow through.

    Document everything!

    Investigate stalker’s past (other victims, acts, cases, witnesses)

    Use all techniques available (trash pulls, surveillance)

    Corroborate everything!

    Show evidence and events within the entire context of the stalking case!

    Ways that Law Enforcement Can Strengthen Cases:


    Advantages of charging stalking l.jpg
    Advantages of Charging “Stalking” knows” may indicate a more serious intention to follow through.

    • 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!


    Slide62 l.jpg

    “It’s going to take getting a bullet put in my head before people understand how serious this is.”

    Stalking victim one month before she was murdered

    (January 2003)


    Slide63 l.jpg

    Matt Markon before people understand how serious this is.”

    202-467-8727

    [email protected]

    www.ncvc.org/src


    ad