Stalking and Harassment – West Virginia Foundation for Rape Information and Services (WVFRIS)

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What is It?

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. Under this definition, 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.

What to Know

Stalking behaviors should always be taken seriously. Stalking can be violent and escalate over time (Stalking Resource Center). Stalkers most likely will not stop if they are just ignored. In fact, ignoring the behaviors sometimes seems to cause them 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.

Prevalence

Anyone can be stalked. However, certain factors—for example, gender and age—appear to increase the risk.

About 1 in 3 women and 1 in 6 men in the United States are stalked during their lifetimes (Smith, Basile & Kresnow, 2022). In West Virginia, 1 in 6 women and 1 in 15 men are stalked during their lifetimes (Smith et al., 2017).
More than 1/2 of female victims and nearly 1/2 of male victims are first stalked before the age of 25. Of those victims, almost 1/4 of females and 1/5 of males are first stalked before the age of 18. (Smith, Basile & Kresnow, 2022)
Over 6% of college students are stalked while in college (Cantor et al., 2019). Students who are transgender, genderqueer, nonconforming, questioning or with another identity report the highest rates (15% undergraduate/9% graduate/professional), followed by females (10% undergraduate/6% graduate/professional) and males (3% undergraduate/2% graduate/professional). Rates for are higher for students with disabilities than those without disabilities (Cantor et al., 2015, 2019).

There are also differences in prevalence of stalking across races/ethnicities. For example:

Smith, Basile and Kresnow (2022) found that in the United States, during their lifetime, stalking victimization is experienced by about 1 in 2 non-Hispanic multiracial women, 4 in 10 non-Hispanic American Indian or Alaska Native women, about 1 in 3 non-Hispanic White women, and about 1 in 4 non-Hispanic Black, Hispanic and non-Hispanic Asian or Pacific Islander women. Stalking victimization is experienced by more than 1 in 4 non-Hispanic multiracial and non-Hispanic American Indian or Alaska Native men, 1 in 5 non-Hispanic Black men, 1 in 6 Hispanic men, 1 in 7 non-Hispanic White men and 1 in 11 non-Hispanic Asian or Pacific Islander men.
Cantor et al. (2019) found that rates for stalking are highest for American Indian/Native Alaskan college students (7%), followed by students of more than one race (7%), White students (6%), Black/African American students (6%), Asian students (4%) and Native Hawaiian/Other Pacific Islander students (3%).
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

Laws

In addition to federal stalking statutes, all states and U.S. territories have laws to address stalking (Stalking Resource Center).

The West Virginia law pertaining to stalking and harassment behaviors states: (WVC §61-2-9a).

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:
  - Follows, monitors, observes, surveils, or threatens a specific person or persons
  - Engages in other nonconsensual contact and/or communications, including contact through electronic communication, with a specific person or persons
  - 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 D.C. or in interstate or foreign situations (47 USC §223(a)).

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.

For more details, see WV Stalking Laws and Federal Stalking Laws.

Examples

Unlike other crimes such as speeding and murder, there is no “master list” of behaviors that constitute stalking and harassment. Below are examples of behaviors that could potentially be considered stalking (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
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 can be difficult to prove, much less prosecute.

Use of Technology

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.
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, go to WV Cyberstalking Laws.

More about Stalkers

Stalking victims are typically stalked by someone they know, most commonly current/former intimate partners (Baum et al., 2009; Catalano, 2012; Smith et al., 2017).

Smith, Basile and Kresnow (2022) found that, among female victims in the U.S., perpetrators are intimate partners (43%), acquaintances (41%), strangers (19%), family members (9%), brief encounters (8%) and persons of authority (4%). 84% of females are stalked by only male perpetrators, 7% by only female perpetrators, and 7% by both male and female perpetrators. Among male victims, perpetrators are intimate partners (32%), acquaintances (44%), strangers (20%), brief encounters (9%), family members (6%) and persons of authority (3%). 44% of males are stalked by only male perpetrators, 38% by only female perpetrators, and 14% by both male and female perpetrators.
At the college level, the relationship between victims and perpetrators is less likely to be dating partners/intimate partners and more likely to be friends or someone they recognize (Cantor et al., 2019). Student victims identify their stalkers as someone they recognized but not a friend (about 31%), a classmate (about 18%), a friend (25%) or someone they had previously dated or been intimate with (almost 33%). Most often, victims’ stalkers are students (about 70%), particularly among undergraduate student victims. Graduate/professional student victims report more teaching assistants/faculty as perpetrators.
In West Virginia, 70% of female victims have perpetrators who are current/former intimate partners and 29% who are acquaintances. Female victims have stalkers who are males 85% of the time (comparable data not available for male victims) (Smith et al., 2017)

Most stalkers use multiple tactics.

Over 3/4 of female stalking victims in the U.S. receive unwanted phone calls, and more than 1/2 are approached, followed and watched, and receive unwanted texts, photos and emails through social media. About 3/4 of male victims receive unwanted phone calls; more than 1/2 receive unwanted texts, photos and emails through social media, about 1/2 are approached, and more than 1/3 are followed and watched. About 3/4 of all victims are threatened with physical harm. (Smith, Basile & Kresnow, 2022)
Stalking tactics used against female victims in West Virginia (Smith et al., 2017): 47% are watched or followed, 66% are approached or the stalker shows up, 30% the stalker sneaks into their home or car, 78% receive unwanted messages, 62% have personal property damaged and 84% receive threats of physical harm. For male victims, 83% receive unwanted messages and 93% receive threats of physical harm.

Lethality

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 and 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).

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.

Impact

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. Most victims feel fearful, threatened or concerned for their safety due to perpetrator behaviors (Smith, Basile & Kresnow, 2022). Approximately 29% 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, childcare 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).

If You Experience It

Get help! If you are experiencing stalking, an advocate at the rape crisis center in your area can help you create a safety plan, weigh options such as seeking a protection order, and refer you to other services.

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. (Bullets excerpted from the Stalking Resource Center, Help for Victims, 2012)

If you are in immediate danger, call 911.
Trust your instincts. Don’t downplay the danger. Danger generally is higher when the stalker talks about suicide or murder, or when a victim tries to leave or end the relationship.
Create 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. 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.
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

(Drawn from the Stalking Resource Center, 2009).

While stalking victims cannot control their stalkers, they can 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.

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 What Victims Need to Know. It includes additional information on safety planning.

Resources

Stalking Brochure

Related Publications

Internet Dangers (brochure)
A Parental Guide to Teens, Tweens & Technology
Teens, Tweens & Technology: Social Media (brochure)
What Every Parent Should Know About the Internet (brochure)

Also see the online course, Sexual Violence and Related Crimes, in the WVFRIS Sexual Assault Services Training Academy (SASTA). It includes a module on stalking.

From the Stalking Prevention, Awareness and Resource Center or SPARC:

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., Harps, S., Townsend, R., Thomas, G., Lee, H., Kranz, V., Herbison, R. & Madden, K. (2019, revised 2020). Report on the AAU campus climate survey on sexual assault and sexual misconduct. Washington, DC: Association of American Universities.

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., Basile, K.C., & Kresnow, M. (2022). The national intimate partner and sexual violence survey: 2016/2017 report on stalking — Updated release. Atlanta, GA: National Center for Injury Prevention and Control, 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.