Stalking and Harassment

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What are Stalking and Harassment?

In most states, stalking is generally defined as a course of conduct directed at a specific person that would cause a reasonable person fear. (Stalking Resource Center). This definition suggests that stalking is a pattern of behaviors rather than a single incident. In addition to federal stalking statutes, all states and U.S. territories have laws to address stalking (Stalking Resource Center). See the laws section of this website for related WV and federal laws.

Under the definition above, there are many behaviors that stalkers can use to intimidate their targets and cause them to suffer fear and distress, including but not limited to harassment. The West Virginia law pertaining to stalking and harassment behaviors: (WVC §61-2-9a) Harassment; penalties; definitions.

To be charged, someone must engage in, or cause a third person to act in, “a course of conduct directed at another person with the intent to cause the other person to fear for his or her personal safety, the safety of others, or suffer substantial emotional distress;” or someone “harasses or repeatedly makes credible threats against another” person.

“Course of conduct” means a pattern of conduct composed of two or more acts in which a defendant directly, indirectly, or through a third party by any action, method, device, or means:

a. Follows, monitors, observes, surveils, or threatens a specific person or persons;
b. Engages in other nonconsensual contact and/or communications, including contact through electronic communication, with a specific person or persons; or
c. Interferes with or damages a person’s property or pet.

Federal legislation adds protections for victims in applicable circumstances. 18 U.S.C. §2261A and 18 §USC 2261 make it a crime to cross a state line in order to stalk another person, a spouse, or partner. Several other statutes cover other types of violations that may be connected with stalking victimization, such as interstate violation of a protection order (18 USC §2262), interstate communication making threats to kidnap or injure a person (18 USC §875(c)), and use of telecommunications devices to abuse, harass or threaten a specific person in Washington DC or in interstate or foreign situations (47 USC §223(a))

For more details on these laws, go to the website section under laws, WV stalking laws, and federal stalking laws.

What Behaviors Constitute the Crimes of Stalking and Harassment?

Unlike other crimes such as speeding and murder, there is no "master list" of behaviors that constitute harassment (i.e., stalking and harassment).

Below is a list of behaviors that could potentially be considered stalking and harassment (Stalking Resource Center; WVFRIS). Note that this list is not all-inclusive.

Surveillance or watching the victim (sitting in a car in front of the victim's house, going through the victim's trash, contacting the victim's family and friends, etc.);
Pursuing/following the victim;
Unexpected appearances where the victim works, lives, goes to school, or visits;
Approaching or confronting the victim, perhaps even in violation of a protective order;
Telephone harassment, which might include playing disturbing music, hang-ups, or threats;
Sending/giving unwanted gifts, letters, or e-mails to the victim;
Monitoring of telephone calls or computer use;
Use or misuse of technology to stalk and harass (see below);
Spreading rumors or otherwise defaming the victim's character;
Vandalism or other destruction of property;
Threats to the victim and/or her/his family, friends and pets;
Physical attacks; and
Sexual assault.

Except for vandalism, threats, and physical and sexual violence, each of the above behaviors alone could be considered annoying and perhaps disturbing, but not necessarily criminal. It is the cumulative pattern of behaviors that forms the "course of conduct" that can cause the targeted individual to be afraid and distressed. For example, a single e-mail or bouquet of flowers may not be frightening, but 150 e-mails, bouquets of dead flowers and late-night threatening calls become something that cannot and should not be ignored.

Every stalking situation is different. Because involved behaviors may be viewed as innocent or even romantic, stalking and harassment can be difficult to prove, much less prosecute.

Note on Terminology: For the ease of reading the remainder of this section, the term "stalking" will be used to refer to both stalking and harassing behaviors, since that is the inclusive term used in federal legislation.

Use of Technology to Stalk

Technology has provided stalkers with additional tools to electronically stalk and harass their victims and added new dimensions to the impact of this crime on victims. This use of technology by stalkers for such purposes is sometimes referred to as "cyberstalking." For example:

Stalkers can use hidden cameras to watch their victims or global positioning systems (GPS) to track victims (Stalking Resource Center);
"Spy phone" software programs and devices that utilize GPS allow stalkers to monitor victims' cell phone conversations and text messages;
Software is available that enables stalkers to remotely access victims' computers and know their every keystroke or each website they visited;
Stalkers can post comments and pictures about victims on message boards or social networking sites;
Stalkers can fill victims' e-mail with spam or send a virus or other damaging programs to victims' computers; and
Stalkers can easily and legally obtain public information about victims through online searches, such as phone and address listings, court records, property records, subscriptions, etc. (Stalking Resource Center). That information might later be used to gain access to victims' homes, pets, families and/or friends.

A West Virginia law specifically addresses this form of stalking is §61-3C-14a-c of the West Virginia Computer Crime and Abuse Act.

§61-3C-14a addresses obscene, anonymous, harassing, and threatening communications (against any person) by computer, cell phones and electronic communication devices.
§61-3C-14b addresses soliciting, etc. a minor via computer to engage the minor in prohibited sexual activity.
§61-3C-14c defines and establishes in West Virginia the crime of cyberbullying (specific acts of electronic harassment of minors and others), to be known as “Grace’s Law.” The WV law is modeled after legislative bills/laws in other states and named after Grace McComas, a 15-year old Maryland teen who took her life after experiencing cyberbullying.

For more details on these laws, go to the website section, Laws, WV Related Laws: Cyberstalking.

Who are the Victims?

Anyone can be stalked. However, certain factors—for example, gender and age—appear to increase the risk. Note: In the remaining sections, the term ‘stalking’ is used to include both stalking and harassment, as national surveys utilize the broader definition in collecting data.

About 1 in 6 women and 1 in 17 men in the United States have been victims of stalking during their lifetimes (Smith et al., 2018). In West Virginia, 1 in 6 women and 1 in 15 men have been stalked during their lifetimes (Smith et al., 2017).
More than 1/2 of female victims and more than 1/3 of male victims are first stalked before the age of 25 (Smith et al., 2018; Black et al., 2011).
Many victims experienced their first stalking victimization between ages 18 and 24, about 1 in 3 females and more than 1 in 4 males (Smith et al., 2018). This fact is especially relevant to colleges, as many college campuses are ideal environments for stalking as they are like closed communities, where class schedules and other campus activities can be easily monitored (Fisher et al., 2000). Over 4% of college students reported stalking victimization since enrolling at their college (Cantor et al., 2015). Students who are transgender, genderqueer, nonconforming, questioning, or with another identity report the highest rates, followed by female undergraduates, graduate/professional females, male undergraduate students, and graduate/professional males.
However, stalking victimization is not a crime that only affects young adults. Over half of stalked males and nearly half of stalked females first experienced stalking at age 25 or older, and a little more than 1 in 5 of stalked females and nearly 1 in 8 stalked males were under 18 when they were first stalked (Smith et al., 2018).

There are also differences in prevalence of stalking victimization across races/ethnicities in the United States. For example, Smith et al. (2017) found:

American Indian/Alaska Native women and multiracial women experience the highest rates of stalking during their lifetimes, at an estimated 28% and 25.7% respectively. An estimated 16.3% of non-Hispanic white women experienced stalking during their lifetimes, and the prevalence of stalking for non-Hispanic black and Hispanic women was an estimated 16.2% and 14.5% respectively. The estimate for Asian and Pacific Islander women was7.6%.
Among men in the U.S., an estimated 7.5% of multiracial men experienced stalking during their lifetimes, as did an estimated 7.1% of non-Hispanic black men, 6.2% of Hispanic men, and 5% of non-Hispanic white men. Estimates for other racial/ethnic groups of men are not reported because case counts were too small to produce a reliable estimate.

Race and ethnicity of stalking victims in West Virginia are overwhelmingly non-Hispanic white women and men (Smith et al., 2017). This is consistent with the state’s demographics, where non-Hispanic white individuals comprise the vast percentage of the WV population.

Tactics Used

The West Virginia specific stalking data below (Smith et al., 2017) provides some insight regarding the types of stalking tactics experienced by victims.

Tactics Experienced by Victims
Females	Males	Stalking Tactics Used
46.9%	no data	Watched, followed
66.3%	no data	Approached, showed up
30.3%	no data	Sneaked into home or car
78.2%	82.9%	Unwanted messages
61.5%	no data	Damaged personal property
84%	92.7%	Threats of physical harm

Relationship between Victims and Stalkers

Stalking victims are typically stalked by someone they know, most commonly current or former intimate partners (Baum et al., 2009; Catalano, 2012; Fisher, Cullen & Turner, 2000; Smith et al., 2017). Smith et al. (2017) found:

Among female victims in the U.S., perpetrators were a current or former intimate partner (61.5%), acquaintance (26.1%), stranger (14.7%), family member (7.2%), and person of authority (2.0%). 84.8% reported being stalked by only male perpetrators, 7.3% by only female perpetrators, and 5.2% by both male and female perpetrators.
Among male victims of stalking in the U.S., perpetrators were a current or former intimate partner (42.8%), acquaintance (37.2%), stranger (16.6%), family member (11.0%) and person of authority (2.9%).
In West Virginia, 69.7% of female victims had perpetrators who were current or former intimate partners and 29% were acquaintances. Female victims had stalkers who were males 85.1% of the time. (Comparable statistically reliable data was not available for male victims.)

Current or former partners know about the likes, dislikes, habits, interests, and other details of their victims’ lives that can assist them in stalking. Partner stalkers also may have or could easily gain access to passwords, account numbers, and other sensitive information that they could use against their victims.

Is Stalking Dangerous?

Stalking behaviors should always be taken seriously. Stalking can be violent and escalate over time (Stalking Resource Center). It most likely will not stop if it is just ignored. In fact, ignoring the behavior sometimes seems to cause the behaviors to increase in frequency and/or become more disturbing or bizarre. Stalkers have physically assaulted, sexually assaulted, and/or murdered their victims.

In addition to the harm that stalkers directly might cause, it is important to also consider the impact that stalking can have on victims’ wellbeing. In some instances, the emotional agony caused by the stalking can contribute to self-harming behaviors and even attempted and completed suicide.

Who is at risk for escalations in stalking violence?

Being stalked by an intimate partner presents an increased risk of danger for victims. Partner stalkers are more likely to physically approach their victims, be more insulting, interfering, and threatening, and use weapons. Their behavior is more likely to escalate quickly. They are more likely to re-offend even after criminal justice intervention (Mohandie et al., 2006).

Tjaden & Thoennes (1998) noted that stalking can be extremely dangerous for female victims if it involves an intimate relationship that has recently ended.

The risk of violence is also heightened when stalkers make direct threats of violence, are jealous of their victim’s relationships with others, and use illegal drugs (Roberts, 2005).

Stalking is considered an indicator or precursor behavior to intimate partner homicide (McFarlene et al., 1999).

Impact on Victims

Victims react differently if fear is a key element in the stalking and harassment. The tactics that stalkers use can create enough distress that their victims fear for their own lives or safety or for that of a family member, friend, or a pet. Approximately 29% of stalking victims fear that the stalking behaviors will never stop (Baum et al., 2009).

Additional ways that stalking can impact victims include:

Being stalked can affect one's ability to trust others and cause victims to be constantly on alert, feel vulnerable, stressed, and anxious (National Center for Victims of Crime, 2004). Sometimes the stalking behavior is random and mild at first, and then it may grow more pervasive and threatening. Victims may initially overlook or minimize what later is determined to be stalking.
Victims often find themselves changing their routines to avoid their stalkers' actions. Changes can include anything from varying routes or methods of transportation to changing telephone numbers or taking time off from work or school. According to Baum et al. (2009), more than half of stalking victims lose five or more days from work and others experience issues with their employers (including termination) because of the stalking.
When any form of technology is involved in stalking, victims may become fearful of or uncomfortable when using devices that had been part of their lifestyles. Stalkers may ruin some victims' enjoyment of social networking sites or chat rooms by spreading rumors or posting inappropriate material. Stalkers may use cameras or other devices to invade victims' privacy so the victim feels they have no safe place.
Some victims have relocated to evade their stalkers. Some have even changed their social security numbers. Getting a new identity may seem ideal, but it can generate other unintended consequences that should be considered. Employment, credit eligibility, and other factors can be adversely affected when social security numbers and names do not match.
Many stalking victims seek counseling as a result of their victimization. Victims have reported feelings of powerlessness, exaggerated startle reflex, panic attacks, hyper-vigilance, chronic sleep disturbances, appetite disturbances, persistent nausea and excessive fatigue (Baum et al., 2009).
Stalking can have a financial impact on victims from the loss of work and increased expenses such as attorney fees, costs associated with damage to property, child care costs, moving costs, and costs of changing phone numbers (Baum et al., 2009). In other instances, stalkers may have committed identity theft, opening or closing accounts and charging merchandise and services to victims' credit cards without their consent (Baum et al., 2009).

What Stalking Victims Can Do

This section is excerpted from the Stalking Resource Center, Help for Victims (2012).

Stalking is unpredictable and dangerous. No two stalking situations are alike. No guarantees exist that what works for one person will work for another, yet you can take steps to increase your safety.

If you are in immediate danger, call 911.
Trust your instincts. Don't downplay the danger.
Take threats seriously. Danger generally is higher when the stalker talks about suicide or murder, or when a victim tries to leave or end the relationship.
Contact the rape crisis center hotline in your area. An advocate can help you create a safety plan, provide information about related laws, weigh options such as seeking a protection order, and refer you to other services.
Develop a safety plan (see below).
Don't communicate with the stalker or respond to attempts to contact you.
Keep evidence of the stalking. When the stalker follows you or contacts you, write down the time, date, and place. Keep emails, text messages, phone messages, letters, or notes. Photograph anything the stalker damages and any injuries the stalker causes. Ask witnesses to write down what they saw.
Contact the police. WV and federal laws make stalking and harassment illegal (see the laws section of this website). The stalker may also have broken other laws by actions such as assaulting you or stealing or destroying your property.
Consider seeking a protective order that tells the stalker to stay away from you. (See the victim guide—victim information, safety planning section in this website for WV specific guidance.)
Tell family, friends, roommates, and co-workers about the stalking and seek their support.
Tell security staff at your job, school, housing community, etc. Ask them to watch out for your safety.

Safety Planning

The following information comes from the Stalking Resource Center (2009). For additional information visit SPARC's Safety Strategies.

How Can a Safety Plan Help?

While stalking victims cannot control their stalkers, they can be empowered to take steps to keep themselves, their families, and loved ones safe. One important step is creating a safety plan. The safety plan needs to be a working document to facilitate not only their personal safety, the safety of their family, friends and pets, and the security of their environment, but also to protect the safety of sensitive information such as financial records and passwords. While a safety plan itself does not guarantee safety, it can be a tool to identify activities, resources, and people helpful in keeping them safer.

Ongoing Process

In recognition that stalkers use multiple tactics to stalk their victims and their tactics can change over time, a safety plan needs to be re-evaluated and may need to be updated periodically. Revisions to safety plans also need to consider changes over time in victims’ lives, such as routines and access to services and support.

Critical Elements

Critical elements for stalking victim safety include but are not limited to the following:

Keep a phone handy at all times. The phone number should be unlisted and stalkers should not have access to this phone. Emergency numbers and numbers of any trusted family, friends, and other allies should be on speed dial. Some sources encourage victims to memorize emergency numbers. In crisis mode, however, memory may not be reliable. Panic buttons or other easily engaged emergency alert devices can be helpful back-ups.
Spend more time with friends or trusted family members rather than alone.
Be less predictable. Victims may need to change grocery stores, take a different route to work, use public transportation, or stay with family/friends for a few days.
Take any threats, whether explicit or implied, seriously. Know when to notify law enforcement or seek a protective order. The local rape crisis center or domestic violence shelter can assist the victim with additional information, advocacy, and support.
Explicitly instruct businesses, agencies, schools, workplaces, family, friends, and others not to give out personal information. With businesses, victims should request that accounts be password protected. This password should only be known to the victim; no information should be released or discussed until the password has been verified.
Use caution when sharing personal and location information. Posting details on social networking sites or on away messages (computer, phone, email, etc.) can provide stalkers with locations, pictures, and information that can compromise victim safety. An innocent comment ("Can't wait to see that new movie Saturday night.") details where the victim will be, as well as confirms that they will not be home (which would be an opportunity for a stalker to break into their home, install spyware or cameras, etc.).
Address safety issues related to the misuse of technology by stalkers. For example, victims may need to change e-mail addresses and other online account information (passwords and access codes). Another safety tactic can include erasing the history of internet sites visited on home and public computers. If stalkers have access to victims' phones or computers, they may have the capacity to use GPS to track them—in which case, victims should stop using these devices or only use them in a manner that will not give the stalkers any information about their location.
Trust your instincts about people, places, and things. If you do not feel safe, assess if you can take steps to increase your safety.

Also see the section in this website under victim guides, victim information for general safety planning information, including getting orders of protection in West Virginia. Additional external resources are offered there.

Few Additional External Resources

Stalking Fact Sheet (Stalking Prevention, Awareness and Resource Center, 2018)
Response Tips for Victim Advocates (SPARC, 2018)
Stalking and Intimate Partner Violence Fact Sheet (SPARC, 2018)
Tracking the Stalker: What You Need to know About Documenting the Stalker’s Actions (Logan)
A New Framework for Understanding and Assessing Stalking: Moving Forward (Logan)

References

Baum, K., Catalano, S., Rand, M. & Rose, K. (2009). Stalking victimization in the United States. Washington D.C.: U.S. Department of Justice, Bureau of Justice Statistics.

Black, M.C., Basile, K.C., Breidling, M.J., Smith, S.G., Walter, M.L., Merrick, M.T., Chen, J. & Stevens, M.R. (2011). The national intimate partner and sexual violence survey: 2010 summary report. Atlanta, GA: National Center for Injury Prevention and Control, Centers for Disease Control and Prevention.

Blauuw, E. et al. (2002). The toll of stalking. Journal of Interpersonal Violence, 17(1), 50-63.

Breiding, M.J., Smith, S.G., Basile, K.C., Walters, M.L., Chen, J. & Merrick, M.T. (2014). Prevalence and characteristics of sexual violence, stalking, and intimate partner violence victimization — National intimate partner and sexual violence survey, United States, 2011. Morbidity and Mortality Weekly Report, Surveillance Summaries, 63(SS08), 1-18.

Cantor, D., Fisher, B., Chibnall, S., Townsend, R., Lee, H., Bruce, C., & Thomas, G. (2015). Report on the AAU campus climate survey on sexual assault and sexual misconduct. Washington, DC: Association of American Universities (AAU).

Catalano, S.M. (2012). Stalking victimization in the United States – Revised. Washington DC: U.S. Department of Justice, Bureau of Justice Statistics.

Fisher, B., Cullen, F. & Turner, M. (2000). The sexual victimization of college women. Washington, D.C.: U.S. Department of Justice.

McFarlane, J., Campbell, J., Wilt, S., Sachs, C., Ulrich, Y. & Xu, X. (1999). Stalking and intimate partner femicide. Homicide Studies, 3(4).

Mohandie, K., Reid Meloy, J., Green McGowan, M. & Williams, J. (2006). The RECON typology of stalking: Reliability and validity based upon a large sample of North American stalkers. Journal of Forensic Sciences, 51(1).

National Center for Victims of Crime. (2004). Stalking: Guide no. 22. National Center for Problem-Oriented Policing.

Roberts, K.A. (2005). Women’s experience of violence during stalking by former romantic partners: Factors predictive of stalking violence. Violence Against Women, 11(1).

Smith, S.G., Zhang, X., Basile, K.C., Merrick, M.T., Wang, J., Kresnow, M.J. & Chen, J. (2018). National intimate partner and sexual violence survey: 2015 data brief. Atlanta, GA: Centers for Disease Control and Prevention.

Smith, S.G., Chen, J., Basile, K.C., Gilbert, L.K., Merrick, M.T., Patel, N., Walling, M. & Jain, A. (2017). The national intimate partner and sexual violence survey: 2010-2012 state report. Atlanta, GA: Centers for Disease Control and Prevention.

Stalking Resource Center. (2012). Things you can do. Washington, D.C.: National Center for Victims of Crime.

Stalking Resource Center. (2009). Safety planning guidelines. Washington, D.C.: National Center for Victims of Crime.

Stalking Resource Center. (n.d.). Stalking facts. Washington, D.C.: National Center for Victims of Crime.

Tjaden, P. & Thoennes, N. (1998). Stalking in America: Findings from the national violence against women survey. Washington, D.C.: U.S. Department of Justice, National Institute of Justice.

West Virginia Foundation for Rape Information Services. (n.d.). Stalking and harassment (brochure). Fairmont, WV: Author.

Download these Brochures

Understanding Stalking SPARC PDF

Also see:

Internet Dangers PDF

Teens, Tweens & Technology PDF

Teens, Tweens & Technology: Social Media PDF

What Every Parent Should Know About the Internet PDF

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