Stalker laws: 2 new bills make stalking easier to charge in Illinois

By Megan TwoheyMarch 26, 2009
Ken Kopecky’s fatal obsession with Karen Erjavec, a young marketing assistant and aerobics instructor, reportedly started after they were in a wedding together. He began stalking her and sending threatening messages to her boyfriend, Glenn Beach.Dressed in camouflage, Kopecky finally stepped from behind a house one night in Elmhurst and shot the couple to death as they walked to her car. Two days later, Kopecky took his life in a Michigan motel. He sent a letter to the Beach family saying the shootings were “the will of God.”The double slaying in February 1992 helped galvanize the Illinois General Assembly, which five months later approved the state’s first anti-stalking law, heralded then as one of the toughest in the nation.

But since the highly publicized law took effect, annual stalking prosecutions in the state have plunged from hundreds of cases a year to a mere trickle, a Tribune review shows.“Obviously the law is not really working the way it’s supposed to,” said Linda Sandford, who assists stalking victims as director of court advocacy at Family Rescue in Chicago. “Just look at the number of charges.”In 2008, stalking prosecutions statewide dropped to 54 from a peak of 302 in 1994, according to data compiled by the Illinois Criminal Justice Authority. Only 16 charges were filed in Cook County last year and 13 in the collar counties, the data show.

Among the reasons for the low number, experts say, is that the law too narrowly defines stalking, making it difficult to arrest or charge someone unless the victim was followed or placed under surveillance on at least two occasions and has proof of a threat. Others say the problem isn’t the law, but rather police and prosecutors who don’t take stalking seriously.At the same time, many victims are unable to get a protective order unless they had a domestic relationship with the stalker or were sexually assaulted. The exclusions are glaring, according to critics who point out that under current law someone stalked by a neighbor or co-worker, for example, wouldn’t be eligible for a protective order unless there was an attack.

In a move to address some shortcomings, the Illinois attorney general and Cook County state’s attorney’s offices have crafted legislation broadening the definition of stalking. The measure passed the House this week and now goes to the Senate.A second bill would make it easier for stalking victims to get protective orders, supporters say.“We want to more effectively charge these cases,” said Sally Daly, spokeswoman for state’s attorney’s office, which she said successfully prosecuted nine stalking cases last year.

Calls for reform come at a time when stalking has proven to be a widespread crime. An estimated 3.4 million Americans—most of them women—have been victims of stalking, according to a federal survey released this year.The survey defined stalking as occurring if someone had experienced one or more of seven harassing behaviors in the past year and had fear for her or his safety or that of a family member. Harassing behaviors include unwanted calls, letters or e-mails and being spied upon or followed.

A growing body of research shows that stalking can lead to sexual assault and homicide. Stalking victims often suffer major anxiety. Some lose jobs, while others, including a 38-year-old software developer from Harwood Heights, are forced to move.

The woman, who asked that her name not be used, said she received no legal protection when she was stalked several years ago.At first pornography started to appear on her car windshield, she said. Next a vibrator was mailed to her apartment. Then someone would ring her doorbell at all hours of the night—a terrifying routine that prevented her from sleeping. One time, she said, she caught a glimpse of the man, a stranger, masturbating outside the front door.Police told her they would not investigate, she said, because his behavior didn’t meet the legal definition of stalking. They also told her, she said, that she wasn’t eligible for a protective order because she never had a romantic relationship with the man and he hadn’t attacked her.“I wanted to file a report with police, but they said they didn’t have anything to file it under, and would never send out a police car,” said the woman, who moved to escape the stalker.

The woman’s plight is all too common under the state’s stalking law, which requires proof of two separate incidents of following or surveillance as well as proof of a threat involving bodily harm, experts say. Harassing phone calls and unwanted gifts, such as dead roses, do not meet the definition.“Two separate incidents and an explicit threat takes a lot of cases out of the equation.” said Sgt. Brett Wisnauski of the Algonquin Police Department.Under Chicago police guidelines, officers are supposed to document threatening incidents. The department said it got 187 criminal stalking complaints in 2008.Still, some victims get turned away, said Family Rescue’s Sandford.“They’ll say, ‘Please, please, please, just document it,’ but with no success,” said Sandford, who recommends that victims keep a journal of all the incidents. “It feels like they’ll have to turn up dead to get a reaction.”Sgt. Antoinette Ursitti, a Chicago police spokeswoman, said in an e-mail that new officers are trained on stalking offenses during 14 hours of domestic violence instruction. Officers promoted to detective receive three more hours of training on stalking.Under the legislation, the requirement for proof of two separate incidents and the threat of bodily harm would be eliminated. Instead, the crime would occur when a person knowingly engages in conduct that would cause a reasonable person to fear for his or her safety or suffer emotional distress.

The proposed law that addresses orders of protection would drop the requirements that the victim be in a domestic relationship with the stalker or have been attacked.Instead, it would permit victims to obtain a civil order of protection against someone who intentionally, knowingly, or recklessly engages in repeated and unwanted contact with them or with a member of her immediate family or household. The victims would have to feel alarmed or coerced, or experience reasonable apprehension regarding their safety or the safety of family members.

The twin initiatives follow earlier legislative action in Illinois aimed at stalking. A new law went into effect this year allowing Illinois judges to require satellite tracking of stalkers who repeatedly violate orders of protection. The “Cindy Bischof law” is named after an Arlington Heights woman who was slain last March by a former boyfriend, though he was under an order of protection.“The only silver lining to some of these tragedies we’ve had in Illinois in the past year is if we fill the gaps that have been known to exist,” said Cara Smith, deputy chief of staff to Atty. Gen. Lisa Madigan.

mtwohey@tribune.com


Related articles from the Chicago Tribune
BATTERED: Examining domestic violence. Why it happens, how to stop it.
More related articlesRelated sections

http://www.chicagotribune.com/news/local


One woman's struggle to escape abuse Nov 11, 2008

National Crime Victims' Rights Week ****** April 26–May 2, 2009*********

THE WHITE HOUSE
Office of the Press Secretary
______________________________________________________________________________
FOR IMMEDIATE RELEASE April 27, 2009

NATIONAL CRIME VICTIMS' RIGHTS WEEK, 2009
- - - - - - -
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION

From violence in our neighborhoods to credit card fraud on the Internet, Americans fall victim to countless crimes every day. Our Nation has no higher responsibility than protecting the safety of our families. During National Crime Victims' Rights Week, we honor crime victims by pledging to fight crime wherever it exists.

This commitment begins by supporting the men and women working every day to reduce crime and assist crime victims. Often placing themselves in harm's way and sacrificing personal interests, these individuals are the backbone of the extensive efforts to protect Americans from crime. They have demonstrated a commitment to serve others, and their dedication is vital to implementing a successful strategy for crime reduction and victim assistance.

Crime victims have benefited from the Victims of Crime Act of 1984 (Public Law 98-473), one of the most significant achievements in crime victim assistance. This law created an innovative method for using fines and penalties from Federal criminals to fund services for victims. This Crime Victims Fund has already helped millions of victims across the country access basic assistance and financial compensation. This year marks the 25th anniversary of the bill's bipartisan passage.

An effective approach to fighting crime must include programs that make sense and work. To that end, my Administration is building on past achievements to address the range of crimes that Americans may encounter. The American Recovery and Reinvestment Act, which I signed in February, helps State and local law enforcement personnel perform critical work by providing $2 billion through the Edward Byrne Justice Assistance Grant Program.

A smart crime reduction strategy must also incorporate outreach to those who have paid their debt to society and have become responsible and contributing members of their communities. Prisoner reentry programs have been tested and proven effective. Through a number of supportive services, including substance abuse and mental health counseling, prison-to-work incentives, job training, and transitional assistance, reentry programs help reduce crime recidivism and keep families safer. By utilizing common-sense and proven methods, we can both reduce crime and serve crime victims.

NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim April 26 through May 2, 2009, as National Crime Victims' Rights Week. I call upon all Americans to observe this week by participating in events that raise awareness of victims' rights and services and by volunteering to serve victims in their time of need.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fourth day of April, in the year of our Lord two thousand nine, and of the Independence of the United States of America the two hundred and thirty-third.
BARACK OBAMA

Blog Talk Radio Taking Action "How Family Law Courts Endanger Women and Children"

http://www.blogtalkradio.com/Alexis-A-Moore

Upcoming Episodes
Taking Action
Alexis A Moore
Date / Time: 4/13/2009 11:00 PM
Category: Self Help
Call-in Number: (347) 838-8939
Taking Action provides valuable insight regarding public safety by providing educational and resource information to help promote awareness
Upcoming Episodes
4/20/2009 11:00 PM - Taking Action
5/4/2009 11:00 PM - Taking Action Radio
5/11/2009 11:00 PM - Taking Action Radio

Date / Time: 4/6/2009 9:48 PM
Tanya McLeod- Guest on air tonight
Guest(s) on air tonight Paul Griffin An attorney from Georgetown University Law Center who practices in Washington, DC and Maryland. He represents “protective parents” in highly-contentious custody cases involving child abuse and is the 2008 recipient of the Justice of Children “Friend of Children” award for his work on such cases.Tanya McLeod-
Organizer, Member
Voices of Women Organizing Project (VOW)
PO Box 20181
Greeley Square Station
New York, NY 10001
p. 212-696-1481 x102
f. 212-696-1482
http://www.vowbwrc.org/
Also Live on the show tonight Kathleen Russell of The Center for Judicial Excellence (CA)kcr@kathleenrussell.com Cherry Simpson
Advocate and mom, who's daughter is a victim of sexual assault and domestic violence.Corrine Reavley

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Date / Time: 3/31/2009 5:36 PM
Taking Action, April 6, 2009 8:00 PM PST/11 Eastern "How Family Law Courts Endanger Women & Children
Join Alexis A. Moore and the panel of guests on Taking Action Radio. April 6, 2009 at 8:00 PM PST/11:00 Eastern we will be discussing how the nation's family law courts endanger women and children. To read more about this topic please visit:http://alexisamoore.blogspot.com/2008/05/how-family-courts-in-nyc-endanger.htmlhttp://alexisamoore.blogspot.com/2009/02/how-family-law-courts-endanger-use-of.htmlhttp://ks-fcrc.com/default.aspxhttp://ks-fcrc.blogspot.com/

Abusive Stalking Using the Courts

Abusive Stalking Using the Courts LIVESTRONG.COM(What you are about to read, was adapted in part from Stalking Through The Courts. Please visit there for more information.) ...www.livestrong.com/health-article/abusive-stalking-using-the-courts_48573562-5460-dfe6-62cb-0992ecb7b8ea/ - 41k - Cached - Similar pages

http://www.mincava.umn.edu/documents/linda/linda.html
Minnesota Center Against Violence and Abuse High Conflict Divorce or Stalking by Way of Family Court? The Empowerment of a Wealthy Abuser in Family Court Litigation: Linda v. Lyle - A Case Study
T. J. Sutherland, R.N., B.S.N., P.H.N., J.D
Published: 2004


Abusive Stalking Using the Courts
Wednesday, August 01, 2007
By Sanctuary for the Abused

We learned in depth how many Stalkers think and act on the previous page. This page will go into how some abusers use a different approach to harass their victims. A way that allows them to legally have contact and harass their ex-partner, even with a Restraining Order in force.

Mis-using the judicial system seems to be one of some abusers favorite ways to stalk their ex-partners. If they can’t get you back, they will try to ruin your happiness, by dragging you to Court on countless frivolous filings. Putting the victim in a situation where they are being victimized – again, by their abuser and sometimes by the system also.

This can be on going for years, if gone about it in the “right” way. There are actually web sites devoted to teaching them exactly how and what to do. These sites teach them how to legally stalk, harass, and intimidate victims of Domestic Violence after a Restraining Order has been issued. These sites actually have step by step guides for them to use to learn how to keep the on going harassment, manipulation, intimidation and show how to legally stalk the partner, who has left them. Which in turn keeps the ex-partner their victim causing them immense grief, a financial burden and it wears them out emotionally to the point of total frustration.

It also gives these stalkers/abusers a feeling they still have some control and in a sense, they do. Some of the more advanced, of these abusers, will even represent themselves in Court, rather than hire a Lawyer. This Pro Se Defense gives them the opportunity to question their former partner on the stand and legally badger and intimidate them, all the while the judge and others are right there watching and letting it happen. This in itself must boost the abusers self-esteem, thinking they are even controlling the judge and playing the legal system.

Most all of these “Pro Se” abusers have studied the laws, inside and out. They will put a lot of time and effort into these actions. Many will file in different jurisdictions, to avoid becoming too well known to the judges and to keep their victim running around. They will mask their reasoning and make it look as if they are the victims and their rights have been violated.

There are many large and well-known groups, who use and teach these tactics. Most of which will have a cover that seems real and legitimate. Many of them use children’s rights as their cover. They put a lot of money and energy into minimizing domestic violence and it’s effects on the children who lived in a home where abuse occurred. They will give very little support to issues that will actually help children.These groups true agenda is abolishing abuse prevention legislation and child support laws. They try regaining some control and punishing their partner for leaving them, and they try to do this by controlling the children, by gaining full custody, with visitation or by not paying child support.

Most States have trained their police to recognize abuse and enforce Restraining Orders, funded child protective services, made abuse prevention statues, opened women’s shelters and educated personnel of the dangers of domestic violence. What has not been corrected by legislature is letting abusers use the judicial system as a weapon against their former victims, especially after a Restraining Order has been issued.

These groups have caused the numbers of Pro Se litigation’s to multiply rapidly. Many of their web sites offer how to books, legal forms and packets of motions to file in court. Many of these motions can be refiled over and over just by changing a word or two, the date or going to another jurisdiction. They encourage them to lengthen proceedings with extensive, irrelevant discovery aimed at stalling out the processes.

With a no contact RO, these abusers can not see their victim, send them a letter, call them or come within 100 feet of them, in most States. But, for about a $19.00 fee, this same person can file numerous claims and have hearings in small claims court. If they go into State and Federal Administrative Agencies and accuse their victim of obscure violations, their victim will be subpoenaed. This gives the abuser several legal contacts with their victim, where they can legally harass and badger them with no fear of violating the Restraining Order. If this same abuser/stalker does Pro Se defense, they may even get away with other stalking of their victim, like watching or following them, photographing them, going through their trash, ect. All with the cover of “investigating” their case.These victims have left their abusers for a reason. They are in fear of them, yet the abuser has found a way to put them in a position, they can not walk away from. They must sit through court proceedings and on going harassment, where they are made to endure their abusers subtle looks and movements, which they know so well and fear.

They will try to make them lose their composure and they will attack their credibility, making this person victimized for the second time but even worst, the abuser puts them on trial in the eyes of the community and the courtroom. They have used a lot of will, to get away from their abusers and usually don’t have the emotional strength to go for hours or even days being questioned on the stand, by their abusers.

The use of courts is most widely know in custody cases, all to many times not with the child’s best interest at heart, but to try to exploit weakness in their ex-partner, to regain control or at the least to manipulate and hurt them as a punishment for leaving. They may try to prove them an unfit parent, digging up or fabricating any type of evidence they can.A spouse who abuses their partner and parent of their children are twice as likely to try to gain full custody of the children, whether they truly want custody or not. They will often try to mis-use the legal system, through retaliatory legal actions to continue their abuse and harassment. These actions make the victims have to prove themselves to the court, keeping them in the victim role.

While their rights are violated, for the second time around, the abusers/stalkers rights are protected. Is that justice? At the least, victims of domestic violence should have the same Constitutional protections as their abusers, even while they are being stalked and harassed by them with the judicial system.

If our founding fathers that wrote our Constitution and the Bill of Rights (for all people) were inside these courtrooms, I believe they would be horrified at the way our basic human rights are being violated. The laws of our Country are being twisted and used in ways many can not even comprehend.Victims of terrible crimes are being belittled and torn apart by defense attorneys and Pro Se cross-examinations, on the witness stands on a daily basis. Litigation of a abuser/stalker is different because they know the victim, knows their family, their past, what sets them off, what will hurt them most and especially what frightens them, this brings the adversarial system to new low. These litigations twist our Constitution till it is almost unrecognizable and at the expense of our entire society, protects the rights of the abuser/stalker.At this time the sad truth is there is nothing that these victims can do, but fight it out in court. It is slowly being recognized as a major problem and there are programs working on ways to end this, in the future.From the Biden-Hatch Violence Against Women Act of 2000, Title I Section 106, National Stalker and Domestic Violence Reduction Grants Reauthorization, Authorized at $3 million/year through 2005 (fiscal year 1998 appropriation was $2.75 million). This section extends grant programs that help state and local governments improve databases dealing with stalking and domestic violence.Title I Section 107, Clarify Enforcement to End Interstate Battery/Stalking. This section clarifies federal jurisdiction to reach persons crossing state lines(including foreign travel), and expands federal jurisdiction to include battery used to facilitate the interstate movement of victims. This section also makes the nature of harm uniform for domestic violence, stalking, and interstate travel offenses, and clarifies the "Interstate Violation of Protection Order" section.Hopefully soon, with the government putting this kind of money into programs involving domestic violence and stalking, we will see an end to this madness in the near future.

Right now, in the these cases where victims have the finances and the emotional strength, they can fight back by filing a civil suit for malicious abuse of the legal system/process, defamation of character and/or intentional infliction of emotional distress.

Other than that, keeping the faith and hope for future changes, is all that we have. It is said that Lady Justice is blind, but she should not be mocked.ORIGINAL RESOURCEAbusive Stalking Using the Courts syndicated by BlogBurst

Governor Corzine signs NJ anti-stalking legislation Saturday March 21, 2009

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)
3/21/2009 Approved P.L.2009, c.28.



“This is a good day for women throughout the state who have been victims of stalking,” said Senator Jennifer Beck, a member of the State Senate Judiciary Committee. “As technology advances, so do the tools stalkers use to keep track of their victims. The new law is keeping in step with technology such as GPS and hidden cameras. I am proud to have sponsored it, alongside my colleague Senator Buono.”
The signing of this bill is the culmination of three years of work by the 12th District Legislators. The legislation was prompted by a situation in Marlboro when a woman who was a victim of stalking addressed her concerns to her State representatives.

“The victims of stalking often suffer long after their stalker has been apprehended, living in a state of fear, anxiety and emotional distress as a result of their being targeted,” said Senator Buono, D-Middlesex. “This new law provides for enhanced protections for those victims, while updating the provisions of the law that apply to stalking in the digital age to better reflect the realities of the crime. While we can’t give the victims back the lost sense of security stolen from them, we can make sure that they are protected from further victimization, and that stalkers face penalties that match the severity of the crime.”

The new law, S-1106, amends the State’s statutes governing stalking to read that a person is guilty of stalking if he or she purposefully or knowingly engages in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of a third person. Previously, the law provided a person was guilty of stalking only if his or her course of conduct caused a reasonable person to fear bodily injury to, or the death of, themselves or one of their immediate family members.
The bill also provides that a person is guilty of stalking if he or she engages in a course of conduct which would cause a reasonable victim to experience emotional distress or significant mental suffering. And finally, the bill amends the definition of “course of conduct” to include any action, method or device used to monitor, harass or threaten an individual. Senator Buono noted that this amendment is needed to address technological advances in stalking, including the increased use of the Internet in victimizing and harassing the targets of stalkers.
“Under the previous stalking laws, police could not step in to protect a stalking victim or their family members until they were in eminent danger of physical harm,” said Senator Buono. “With this new law, police will now have the authority to get involved before harassment and pervasive surveillance turn to physical violence, assault or worse. Also, as the technology advances, we must evolve with the times, and this law brings our State’s stalking statutes into the 21st Century.”

US Department of Justice; Office on Violence Against Women; Stalking Victimization in the United States Special Report

http://www.ovw.usdoj.gov/aboutstalking.htm


Stalking Victimization in the United States Special Report
Bureau of Justice Statistics Releases Findings in Largest Study of Stalking Conducted to Date
The Department of Justice, Bureau of Justice Statistics recently released a supplemental report to the National Crime Victimization Survey focused on Stalking Victimization in the United States. This Supplemental Victimization Survey (SVS) to the National Crime Victimization Survey (NCVS) is the most comprehensive study of stalking to date and confirms that stalking is pervasive, women are at higher risk of being stalked, and there is a dangerous intersection between stalking and more violent crimes.
The SVS was specifically developed, with funding from OVW, to provide national-level data on the crime of stalking. As a result of this study, OVW is even more committed to addressing the crime of stalking by providing safety to victims and holding perpetrators accountable.
The SVS identified seven types of harassing or unwanted behaviors consistent with stalking, and individuals were classified as stalking victims if they responded that they experienced two or more of these behaviors on two or more separate occasions. In addition, the individuals must have reported fear for their safety or that of a family member as a result of the course of conduct, or they must have experienced additional threatening behaviors that would cause a reasonable person to feel fear.

USLaw Blog Directory; Personal Injury Law: Injury Board

Stalking Victims Suffer In Silence
February 16, 2009

LEARN MORE
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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