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Stalking Victims Suffer In Silence
February 16, 2009

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Karen’s Law Blog
DOJ Report on Stalking
IMAGE SOURCE: Archive, People Magazine cover of Rebecca Schaeffer, May 1989

Stalking More Common Than Reported
Many victims of stalking suffer in silence. According to the first nationwide look at stalking by the Justice Department study, about one in three stalking cases are even reported to authorities. Even with underreporting there were 3.4 million people subjected to stalking, according to researchers.
Whether a celebrity, a spurned lover, or a stranger, stalking happens frequently enough that it is a crime in every state.
Researchers in the DOJ study measured stalking as, making unwanted phone calls, sending unsolicited or unwanted letters of e-mails, following or spying on a victim, showing up at a place where they had no reason to be, leaving unwanted present, waiting at places for a victim and spreading information or rumors on the internet, or in public places.
Researchers find that women are more frequently the focus of stalkers and sometimes it can last for five years of more as it did in 374,000 cases. With all of the frequency, the New York Times reports that a small number of cases ever makes it to court because the cases are difficult to put together.
First there has to be physical evidence. And frequently the victim of the stalker does not even report the incident to authorities believing it is a personal matter or will not be taken seriously. But Mary Lou Leary, of the National Center for Victims of Crime, tells the New York Times that stalking is like domestic violence was perceived more than two decades ago. “Law enforcement is often suspicious or cynical, but is now beginning to deal with stalking as a crime.”
After actress Rebecca Schaeffer was killed by a stalker in 1989, law enforcement began taking the offense seriously. While the first offense is often a misdemeanor, punishments can include a year in jail and ordered counseling.
In 34 states, stalking is a felony especially when accompanied by a threat of violence or possessing a weapon. The Times reports of a case where a man broke into the house of his victim and took a photo of her sleeping. Convicted of stalking he is now spending 13 years in prison.
Karen’s Law, proposed by the victim of credit card fraud, electronic tampering of her computer and bank accounts along with phone threats, is awaiting signature by the Governor of New Jersey.
Steve Lombardi, IB partner from Iowa, reports on cell phone stalking as the newest turn in incidents. #
Originally posted at InjuryBoard by Chrissie Cole
Full post as published by InjuryBoard on February 16, 2009 (boomark / email )

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Though Many Are Stalked, Few Report It ; The New York Times February 15, 2009

By ELIZABETH OLSON
Published: February 14, 2009
Three-quarters of victims know their stalker, whether it is a current or former friend, roommate or neighbor, this study and others have found. “Often stalkers want to make their victims fearful,” said Eugene A. Rugala, a former F.B.I. profiler who advises on workplace threats. “They are thinking, ‘How dare you do this to me? I’m going to make you pay.’ But others feel it could be a way of getting back into the relationship.”
Experts say only a small number of stalking incidents reach the courts because cases are often difficult to compile. There is often no clear physical evidence linking a stalker to the victim.
In the Justice Department study, the most common reasons for respondents’ not telling the police they were being stalked was that they felt it was a personal matter or they did not think the police would think it was important.
“Stalking is treated like domestic violence was 20 or 25 years ago,” said Mary Lou Leary, executive director of the National Center for Victims of Crime and a former federal prosecutor. “Law enforcement is often suspicious or cynical, but is now beginning to deal with stalking as a crime.”
Many victims initially refuse to believe, or accept, that a former partner is singling them out for retaliation. It is a shock for others when a stranger begins to constantly annoy or follow them.
“Many people told us they were uneasy, felt creeped out or scared,” said Katrina Baum, a Bureau of Justice Statistics researcher and an author of the study. “There’s a reluctance to label the behavior because it’s too frightening. At some point the behavior can escalate to where it can’t be ignored.”
One reason victims have difficulty pulling together a case is that stalking is often confused with harassment, a less serious behavior. Dr. Park Dietz, a Southern California forensic psychiatrist, said the behavior crosses the line when it includes lying in wait, following or breaking in.
Dr. Dietz, who helps corporations address stalking and other threats, said that treating stalking as a misdemeanor “is useless because it angers offenders and makes them more dangerous,” adding, “It’s like poking a wild animal with a stick.”
Strengthened victim protection in states like Kansas now allows the police to investigate reports of reasonable fear for one’s safety rather than the stricter requirement of “a credible threat.”
The state has Jodi’s law, named after Jodi Sanderholm, a 19-year-old college student who was kidnapped, raped and strangled in January 2007. The suspect, Justin E. Thurber, was found guilty on Thursday on charges of capital murder and aggravated kidnapping.
The Somerset County district attorney, Jerry L. Spangler, said incarceration in cases like Mr. Miller’s was not enough; stalkers also “require individualized treatment,” he said. Mr. Miller’s lawyer did not return calls for comment.
“They almost never admit something is wrong with them,” said Barry Rosenfeld, a psychology professor and director of clinical training at Fordham University who has evaluated dozens of stalkers.
“Stalkers often feel bad, lonely and vulnerable,” Dr. Rosenfeld said. “Then they’ll call, even though there is a protection order saying they can’t do it. They won’t get an answer, and they’ll call again.”
Dr. Rosenfeld is testing a more intensive program to help offenders learn to better control their need “to do something to feel better in the moment.”
After a decade of suffering electronic tampering of her credit card bills, computer and bank accounts — as well as phone threats and vandalism — Karen Welch of New Jersey, a chief financial officer for a nonprofit group, pushed to overhaul the state stalking law.
“I don’t want a Karen’s law that gives more protection after it’s too late,” Ms. Welch said. “I want the law broadened so it protects victims against emotional distress or significant mental suffering, not just when a person fears for her safety.”
The bill passed and is awaiting the governor’s signature, according to its sponsor, State Senator Barbara Buono, a Democrat.

The Birth of a Law Feb 5, 2009 NJ Antistalking Legislation

Where there is no struggle, there is no strength. Oprah Winfrey



Session 2008-2009
Bill A1563:
1/8/2008 Introduced And Referred To Assembly Law and Public Safety Committee
2/25/2008 Reported 2nd Reading
3/13/2008 Passed Assembly (78-0-0)
3/17/2008 Received In Senate Referred To Senate Judiciary Committee
6/5/2008 Reported 2nd Reading
11/24/2008 Senate Floor Amendments Passed (34-1) (Buono)
12/15/2008 Substituted For S1106 (1R)
12/15/2008 Passed Senate (37-0)
1/13/2009 Received In Assembly 2nd Reading On Concurrence
2/5/2009 Passed Both Houses (78-0-0)


http://www.njleg.state.nj.us/bills/BillView.asp?BillNumber=A1563

Counting down the days! Thank you Speaker Roberts for posting A1563 !

THURSDAY, FEBRUARY 5, 2009
*ASSEMBLY SESSION Assembly Chambers
Voting Session:
A1563 [Greenstein, Linda R./Munoz, Eric+35], Stalking

Stalking through the Courts....

In June of 2007 when the antistalking legislation was introduced I received a threat of legal action. Over the past 15 months I have had 4 motions/actions filed against me, most recently on my birthday in November 2008 and again on Christmas Eve 2008. The motion from a year ago was resolved in a published opinion - see the article at left. This "stalking through the courts" needs to stop. These filings are timed for maximum stress effect - they are vexatious abuse of process. More documentation on "stalking through the courts" is available at the link below http://www.leadershipcouncil.org/1/pas/dv.html#IV

Victims of these attorneys who aid their clients in stalking through the courts should file an ethical complaint against them for vexatious litigation. In NJ it is simple to file an ethical complaint. Here is the link: http://www.judiciary.state.nj.us/oae/index.htm "Lawyers who commit unethical conduct in this state are subject to discipline by the Supreme Court. Such discipline can range from an admonition, the least serious discipline, to a reprimand, censure, suspension from practice, or permanent disbarment from practice. The "Attorney Discipline" page describes the process. The attorney disciplinary process is usually begun by the filing of an Attorney Grievance form with the Secretary of one of the Supreme Court's 18 district ethics committees. To contact a district ethics committee Secretary call the tollfree Ethics/Fee Arbitration Hotline at 1-(800)-406-8594. Be prepared to provide the five digit zip code of the attorney's address. "

Federal survey finds about 3.4 million victims of stalking every year

The Associated Press

NEW YORK By the tens of thousands, victims of stalking lose their jobs, flee their homes and fear for their safety, according to a new federal survey.
The report by the Justice Department’s Bureau of Justice Statistics provides the most comprehensive data ever on a crime that affects an estimated 3.4 million Americans a year.
About 11 percent of the victims said they had been stalked for five or more years, and one in seven said the stalking compelled them to move out of their home, according to the report. It covered a 12-month period in 2005-06.
The study was described as a groundbreaking effort to analyze the scope and varying forms of stalking, which had not been featured in previous versions of the National Crime Victimization Survey.
The number of victims was up sharply from a more limited 1995-96 study commissioned by the Justice Department that estimated 1.4 million Americans a year were targeted by stalkers. Both surveys concluded that women more than twice as likely to be victimized as men.
In the span between the two surveys, e-mail and text-messaging emerged as common tactics for stalkers.
The Bureau of Justice Statistics defined stalking as a course of conduct, directed at a specific person on at least two separate occasions, that would cause a reasonable person to feel fear. The most commonly reported types of stalking were unwanted phone calls (66 percent), unsolicited letters or e-mail (31 percent), or having rumors spread about the victim (36 percent).
More than one-third of the victims reported being followed or spied upon; some said they were tracked by electronic monitoring, listening devices or video cameras. About 21 percent said they had been attacked by their stalker.
Nearly 75 percent of victims knew their stalker in some capacity — most commonly a former spouse or ex-boyfriend/girlfriend, sometimes a relative or co-worker.
“The public tends to perceive of stalking as something that happens to celebrities who have a stranger follow them around,” said report co-author Katrina Baum. “This study tells us that stalking is not a stranger phenomenon.”

NJ Stalking Law Front Page News Transcript

Law would give victims of stalker options
Bill needs one more vote in state Assembly before Gov. can sign legislation
BY REBECCA MORTON Staff Writer
With a unanimous vote the state Senate passed a bill that would make it easier for police to assist the victim of a stalker.
The action came during the Senate's final voting session of 2008 on Dec. 15.
"I am pleased to join with my colleague, Sen. Buono, in sponsoring this landmark legislation that will broaden protections for stalking victims. This measure will simply let women live free from fear," Sen. Jennifer Beck (R-Monmouth and Mercer) said of the bill she sponsored.
The legislation was sponsored by Beck and Sen. Barbara Buono (D-Middlesex).
Initially introduced in June 2007 by former Assemblyman Mike Panter (D-Monmouth and Mercer), the bill has undergone some changes from the version that the Assembly unanimously passed March 13.

Changes included the removal of a section that related to mental suffering or distress. Originally, the bill stated that emotional stress was defined as significant mental suffering or distress, that may, but does not necessarily require medical or other professional treatment or counseling. The bill now reads that emotional stress is defined as significant mental suffering or distress, leaving no mention of medically proving that state.
Also changed was the degree of the penalty if an individual is convicted of stalking. Initially the bill sought to make stalking a third-degree crime, but changes have been made to maintain the crime at a fourth-degree level for a first offense.
Tom Fitzsimmons of Beck's office explained that the amended version will return to the state Assembly for a revote in 2009. The Assembly also met on Dec. 15 for its last session of the year.
According to the New Jersey Legislature's Web site, the Assembly will meet again for voting Feb. 5. If the bill is placed on that day's agenda and is once again passed in the Assembly, the governor can then sign it into law.
The bill will expand the current stalking law to include conduct that causes a reasonable person to fear for his or her safety or the safety of a third person or to suffer emotional distress. The bill also amends the definition of course of conduct to include directly or indirectly or through a third person or by device to follow, monitor, surveilling, threaten or communicating to or about a person. It also covers interfering with a person's property and repeatedly committing harassment against a person.
"Technological advances require that the Legislature update and amend current statutes to ensure that the victims of stalking receive the best available protection," Beck said, citing global positioning systems and easily concealed cameras that furnish stalkers with the means to harass another individual.
Law enforcement officials have previously stated in Greater Media Newspapers that the current law limits their actions unless a direct threat is made against the victim.
The bill was initially drafted with the assistance of a Monmouth County woman who is a victim of stalking, along with input from Manalapan Police Chief Stuart Brown, Marlboro police Detective Sgt. Paul Reed and Marlboro police Detective Ross Yenisey. The bill received additional information from the National Center for Victims of Crime, Washington, D.C., and the New Jersey Coalition for Battered Women.
Violators of the law would be punishable by a term of imprisonment not to exceed 18 months, a maximum fine of $10,000 or both. Violators who commit a second or subsequent offense are guilty of a crime of the third degree punishable by a maximum term of imprisonment of five years, a fine of $15,000 or both.
January is National Stalking Awareness Month, according to the National Center for Victims of Crime. The center reports that 1,006,970 women and 370,990 men are stalked annually.