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1 Stalking in Later Life Triangle Conference on Crimes Against Women August 28-29, 2014 Williamsburg, VA www.victimsofcrime.org/src Elaina Roberts, JD Program Attorney [email protected] Sue Ryan, JD Program Attorney [email protected] Presented by: Stalking Resource Center National Center for Victims of Crime Training Technical Assistance Resources Statutes Legislative Updates Manuals/Guides Videos Clearinghouse The Stalking Resource Center is a program of the National Center for Victims of Crime. The mission of the Stalking Resource Center is to enhance the ability of professionals, organizations, and systems to effectively respond to stalking. The Stalking Resource Center provides training, technical assistance, and resource materials for professionals working with and responding to stalking victims and offenders.
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Page 1: Stalking in Later Life...3 Defining Stalking Behavioral definition Virginia stalking statute Va. Code Ann. 18.2-60.3 Any person, except a law-enforcement officer, as defined in 9.1-101,

1

Stalking in Later Life

Triangle Conference on Crimes Against Women

• August 28-29, 2014Williamsburg, VA

www.victimsofcrime.org/src

Elaina Roberts, JD

Program Attorney

[email protected]

Sue Ryan, JD

Program Attorney

[email protected]

Presented by:

Stalking Resource Center

National Center for Victims of Crime

Training

Technical

Assistance

Resources

• Statutes

• Legislative

Updates

• Manuals/Guides

• Videos

• Clearinghouse

The Stalking Resource Center is a program of the

National Center for Victims of Crime. The mission of the

Stalking Resource Center is to enhance the ability of

professionals, organizations, and systems to effectively

respond to stalking.

The Stalking Resource Center provides training,

technical assistance, and resource materials for

professionals working with and responding to stalking

victims and offenders.

Page 2: Stalking in Later Life...3 Defining Stalking Behavioral definition Virginia stalking statute Va. Code Ann. 18.2-60.3 Any person, except a law-enforcement officer, as defined in 9.1-101,

2

Overview

Definition of “elderly”

Stalking

Prevalence

Dynamics

Working with elderly stalking victims

Definition of Elderly

Who qualifies as an elderly person?

Definition of Elderly: Age Based

There is no set standard for who qualifies as elderly:

Older Americans Act – age 60

Medicare – age 65

Tribal communities – ages 50 to 55

AARP – age 50

The term elderly can span four decades!

Page 3: Stalking in Later Life...3 Defining Stalking Behavioral definition Virginia stalking statute Va. Code Ann. 18.2-60.3 Any person, except a law-enforcement officer, as defined in 9.1-101,

3

Defining Stalking

Behavioral definition

Virginia stalking statute

Va. Code Ann. § 18.2-60.3

Any person, except a law-enforcement

officer, as defined in § 9.1-101, and acting in

the performance of his official duties, and a

registered private investigator, as defined in

§ 9.1-138, who is regulated in accordance

with § 9.1-139 and acting in the course of his

legitimate business, who on more than one

occasion

Va. Code Ann. § 18.2-60.3 cont.

engages in conduct directed at another

person with the intent to place, or when he

knows or reasonably should know that the

conduct places that other person in

reasonable fear of death, criminal sexual

assault, or bodily injury to that other person

or to that other person's family or household

member is guilty of a Class 1 misdemeanor.

Page 4: Stalking in Later Life...3 Defining Stalking Behavioral definition Virginia stalking statute Va. Code Ann. 18.2-60.3 Any person, except a law-enforcement officer, as defined in 9.1-101,

4

Behavioral Definition of Stalking

A pattern of behavior directed at

a specific person that would cause

a reasonable person to feel fear.

Stalking: Fear

What is difficult about this aspect of the crime of stalking?

Stalking

A pattern of behavior directed at

a specific person that would cause

a reasonable person to feel fear.

Context is critical!

Page 5: Stalking in Later Life...3 Defining Stalking Behavioral definition Virginia stalking statute Va. Code Ann. 18.2-60.3 Any person, except a law-enforcement officer, as defined in 9.1-101,

5

Prevalence of Stalking

6.6 million stalked in 1 year in U.S.

Rate

26.5 per 1,000

By gender

4% of women

1.3% of men

- The National Intimate Partner and Sexual Violence Survey (NISVS): 2010 Summary Report (2011)

Stalking Prevalence

Virginia population ~ 8,260,405

4,196,286 females

4,064,119 males

Roughly 220,685 cases in year

167,851 female stalking victims

52,834 male stalking victims

Do the Math

1. Take the population of

your community

2. Divide by 1000

3. Multiply by 26.5

4. Equals statistical number

of stalking cases in your

community each year

Page 6: Stalking in Later Life...3 Defining Stalking Behavioral definition Virginia stalking statute Va. Code Ann. 18.2-60.3 Any person, except a law-enforcement officer, as defined in 9.1-101,

6

Stalking Dynamics

18 – 24 year olds experience the highest rates of

stalking

Women are more likely to experience

stalking

Most stalkers are male

The majority of victims know the

stalker

Victim Offender Relationship

5.3%

19.0%

40.0%

41.4%

2.5%

6.8%

13.2%

24.0%

66.2%

0% 10% 20% 30% 40% 50% 60% 70%

Person of authority

Family member

Stranger

Aquaintance

Current/formerintimate partner

Female

Male

- The National Intimate Partner and Sexual Violence Survey (NISVS): 2010 Summary Report (2011)

Age of Female Stalking Victims

- The National Intimate Partner and Sexual Violence Survey (NISVS): 2010 Summary Report (2011)

10 Years and Under

1% *

45+ years7%

35-44 years11%

11-17 years18%

25-34 years29%

18-24 years34%

* Estimate not

reported for ages

10 and younger

Page 7: Stalking in Later Life...3 Defining Stalking Behavioral definition Virginia stalking statute Va. Code Ann. 18.2-60.3 Any person, except a law-enforcement officer, as defined in 9.1-101,

7

Age of Male Stalking Victims

- The National Intimate Partner and Sexual Violence Survey (NISVS): 2010 Summary Report (2011)

10 years

11-17 years7%

45+ years14%

35-44 Years20%

18-24 years28%

25-34 years30%

* Estimate not

reported for ages

10 and under

Age of Stalking Victims

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

30%

28%

20%

17%

10%

4%

0% 5% 10% 15% 20% 25% 30% 35%

18-19

20-24

25-34

35-49

50-64

65 or older

Common Stalking Behaviors

What stalking behaviors can you think of?

What have victims disclosed to you?

What stalking behaviors have you seen?

Page 8: Stalking in Later Life...3 Defining Stalking Behavioral definition Virginia stalking statute Va. Code Ann. 18.2-60.3 Any person, except a law-enforcement officer, as defined in 9.1-101,

8

Stalking Behaviors

12%

29%

31%

31%

34%

36%

66%

0% 10% 20% 30% 40% 50% 60% 70%

leaving unwanted presents

waiting for victim

showing up at places

unwanted letters and email

following or spying

spreading rumors

unwanted phone calls and messages

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

Forms of Technology

Phones – calls, messages, texts, pics, video

Cameras

Global Positioning Systems (GPS)

Computers

Social networking sites

Email & IM

Spyware

Assistive technologies

Pattern of Behavior

- The RECON Typology of Stalking

- The RECON Typology of Stalking (2006)

2/3 of stalkers pursue their victim at least once per week

78% of stalkers use more than one means of approach

Weapons used to harm or threaten victims in about 20% of cases

Page 9: Stalking in Later Life...3 Defining Stalking Behavioral definition Virginia stalking statute Va. Code Ann. 18.2-60.3 Any person, except a law-enforcement officer, as defined in 9.1-101,

9

Duration of Stalking

0% 10% 20% 30% 40% 50%

Don't know

5 years or more

4 years

3 years

2 years

1 year

7-11 months

6 months or less

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

81% of stalking victims who were stalked by an

intimate partner reported that they had also been

physically assaulted by that partner.- National Violence Against Women Survey (1998)

3/4 of women who experienced stalking-related

behaviors experienced other forms of victimization

(sexual, physical, or both)

Stalking and physical assault only 8%

Stalking and rape/sexual assault only 26%

Stalking, physical and rape/sexual assault 11%

- Stalking acknowledgement and reporting among college women experiencing intrusive behaviors (2007)

Stalking & Domestic/Sexual Violence

Stalking and Other Crimes

Among stalking

cases…

24% involve property

damage

21% involve a direct

attack on the victim

15% involve an attack

on another person or pet

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

54%

52%

30%

0% 20% 40% 60%

Opened/closedaccounts

Took money fromaccounts

Charged items tocredit card

Identity theft

Page 10: Stalking in Later Life...3 Defining Stalking Behavioral definition Virginia stalking statute Va. Code Ann. 18.2-60.3 Any person, except a law-enforcement officer, as defined in 9.1-101,

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A Growing Population

Persons age 65 and older are expected to more

than double between 2012 and 2060

From 43.1 million to 92.0 million

1:5 US residents will be 65 or older by 2060

In 2056, for the first time, persons age 65 and over

are projected to outnumber those age 18 and under.

US Growth Rates

- US Census Bureau, 2012 Projections

Those age 85 and older are projected to more than

triple between 2012 and 2060.

From 5.9 million to 18.2 million

This will be 4.3% of the total population

US Growth Rate cont.

This is the fastest growing population!

-US Census Bureau, 2012 Projections

Page 11: Stalking in Later Life...3 Defining Stalking Behavioral definition Virginia stalking statute Va. Code Ann. 18.2-60.3 Any person, except a law-enforcement officer, as defined in 9.1-101,

11

States With The Most 65+ Populations

More than half (59%) of persons age 65+

live in:

California

Florida

Texas

New York

Pennsylvania

Ohio

Illinois

Michigan

North Carolina

New Jersey

Georgia

Virginia*

US Department of Health and Human Services, Administration on Aging, 2013

*Amongst a few states with the fastest growing population age 65+

Working With Elderly Stalking

Victims

Impact of Stalking on Victims

Reactions

• Minimization

• Self-blame

• Concentration difficulty

• Self-medicating

• PTSD

• Hypervigilance

Emotions

• Guilt

• Shame & embarrassment

• Frustration

• Anger

• Confusion

• Fear

• Depression

Page 12: Stalking in Later Life...3 Defining Stalking Behavioral definition Virginia stalking statute Va. Code Ann. 18.2-60.3 Any person, except a law-enforcement officer, as defined in 9.1-101,

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Specific Challenges

What are some of the challenges older

victims of stalking face?

Reasons For Not Reporting

Victim is minimizing or is uncertain of the behaviors

Victim did report to someone but had a negative response

Victim is isolated

Reasons For Not Reporting

Fear of being put in a facility

The offender is a family member, intimate partner, or care-taker

Lack in understanding technology

Page 13: Stalking in Later Life...3 Defining Stalking Behavioral definition Virginia stalking statute Va. Code Ann. 18.2-60.3 Any person, except a law-enforcement officer, as defined in 9.1-101,

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Reasons For Not Reporting

6%

10%

11%

11%

14%

27%

27%

0% 5% 10% 15% 20% 25% 30%

Feared the perpetrator/afraid of reprisals

Couldn't identify offender/lacked evidence

Thought police wouldn't think it was important

or would be ineffective

Not clear a crime occurred

Reported to another official

Private or personal matter

Thought it a minor incident (minimization)

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

Reporting

By the time victims report to police, the

stalking behavior has been well

established and… victim-initiated

countermeasures have failed.

- Klein et al., (2009). A Statewide Study of Stalking and Its Criminal Justice Response.

How Might the Reporting Occur?

Page 14: Stalking in Later Life...3 Defining Stalking Behavioral definition Virginia stalking statute Va. Code Ann. 18.2-60.3 Any person, except a law-enforcement officer, as defined in 9.1-101,

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Safety Planning

Safety for Stalking Victims

• Privacy

• Confidentiality

Service Providers

• Pros & cons

Protection Orders

• Employment; school; housing

• Offender notification option?

Safety Accommodations

Documentation is Key

Victim Logs

Police Reports

Evidence Preservation

Page 15: Stalking in Later Life...3 Defining Stalking Behavioral definition Virginia stalking statute Va. Code Ann. 18.2-60.3 Any person, except a law-enforcement officer, as defined in 9.1-101,

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Documentation Log

STALKING INCIDENT LOG

Date Time Description of IncidentLocation of

IncidentWitness Name(s)

(Attach Address and Phone #)

Police Called(Report #)

Officer Name(Badge #)

Free to download at www.victimsofcrime.org/src

Stopastalker App

Advocacy

Allows the survivor to

remember more details

and put all the pieces in

place

Facilitates the transition

from traumatic memory to

day-to-day memory

Process by which we teach

victims that many reactions

to traumatic events are

normal

Reinforce that most

reactions of anger, fear,

frustration, guilt, and grief

are natural and common

Allow victims to tell their story Provide validation

Page 16: Stalking in Later Life...3 Defining Stalking Behavioral definition Virginia stalking statute Va. Code Ann. 18.2-60.3 Any person, except a law-enforcement officer, as defined in 9.1-101,

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Advocacy & Support

Victims need

information

Reporting

Justice process

Can help victim

gain control

Safety strategies

Coping strategies

Prediction & Preparation Safety Planning

Safety Planning

Risk Reduction

•Practical tips for safety

Resources

•Services

•Individuals

Empowerment

•Coping Skills

•Autonomy

Important Issues to Consider

Victim’s life situation

Stalker-generated

risks

Systemic barriers

ConfidentialityUse of

Technology

Page 17: Stalking in Later Life...3 Defining Stalking Behavioral definition Virginia stalking statute Va. Code Ann. 18.2-60.3 Any person, except a law-enforcement officer, as defined in 9.1-101,

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Steps of Safety Planning

•Victim storyListen

•Victim needsGoals

•Victim safetyRisks

•Judgment freeEducation

•Who can help?Resources

Threat Assessment

What Does Threat Assessment Tell Us?

We cannot use a threat assessment to determine that

a person is not a risk.

Threat level not fixed or constant.

Frequent assessments of threat are important.

Threat assessments should be as dynamic as the

situation the victim faces.

Snapshot showing whether a specific person

demonstrates a risk at a particular point in time.

Page 18: Stalking in Later Life...3 Defining Stalking Behavioral definition Virginia stalking statute Va. Code Ann. 18.2-60.3 Any person, except a law-enforcement officer, as defined in 9.1-101,

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More Dangerous Times

Separation

Protective order served/criminal arrest

Offender’s loss of job, other life events

Multiple incidents in a short period of time –increase in quantity of contacts as well as escalation in behaviors

Most Dangerous Offenders

History of substance abuse

History of mental illness

History of violence, especially towards victim

Threats of murder or murder-suicide

Actual pursuit

Possession and/or fascination with weapons

Vandalism & arson

Tendency towards emotional outbursts and rage

History of violating protection orders

Look at Offender’s Behaviors

Pattern of increasingly more personal

communication

Any changes (increase or decrease) in the

frequency of activities or communications?

Evidence of planning?

Possess instructional books or materials about

harming others

Page 19: Stalking in Later Life...3 Defining Stalking Behavioral definition Virginia stalking statute Va. Code Ann. 18.2-60.3 Any person, except a law-enforcement officer, as defined in 9.1-101,

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Stalking Violence

Where there is evidence of the presence of all of these factors, the risk of stalking violence is heightened.

- Women’s Experience of Violence During Stalking by Former Romantic Partners (2005)

Greatest risk of violence

Drug use

Jealous

Direct threats

Timeline

Look for escalation of threats

Text

messages

Dead roses

Threatening

call

Showed up at

workParked across

street all nightTires slashed

8/6/14 8/8/14 8/12/14 8/15/14 8/16/14 8/25/14

Texts

Threatening

call

Showed up at

work

Dead roses

Parked across

street all night

Tires slashed

Page 20: Stalking in Later Life...3 Defining Stalking Behavioral definition Virginia stalking statute Va. Code Ann. 18.2-60.3 Any person, except a law-enforcement officer, as defined in 9.1-101,

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Threat Assessment Tools

Among others…

Danger Assessment - dangerassessment.org

Mosaic - mosaicmethod.com

Spousal Risk Assessment Guide (SARA)

Violence Risk Assessment Guide (VRAG)

Level of Service Inventory – Revised (LSI-R)

The Classification of Violence Risk (COVR)

Final Considerations

Approach the situation like any other stalking case

Suspend your disbelief – assume what the victim is

saying is true

Remember, these are often healthy, active, and

independent persons

Available for

download at www.ncvc.org/src

Page 21: Stalking in Later Life...3 Defining Stalking Behavioral definition Virginia stalking statute Va. Code Ann. 18.2-60.3 Any person, except a law-enforcement officer, as defined in 9.1-101,

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Training

Technical

Assistance

Resources

In person training

Webinars

Individual & organizational assistance

Fact sheets, brochures, manuals, guides

Policy/protocol development & consultation

Videos

Online resources

Stalking Awareness Month materials

www.victimsofcrime.org/src

© National Center for Victims of Crime 2014

Content of this presentation may

be reproduced for educational

purposes with the permission of the

Stalking Resource Center.

Please contact the Stalking Resource

Center at [email protected] or 202-467-

8700 for permission.

This project was supported by Grant No. 2008-TA-AX-K017 awarded by the Office

on Violence Against Women, U.S. Department of Justice. The opinions, findings,

conclusions, and recommendations expressed in this publication/program/exhibition

are those of the author(s) and do not necessarily reflect the views of the Department

of Justice, Office on Violence Against Women.


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