Stalking As described F.B.I. Public Bulletin

December 2002
Volume 71
Number 12

United States
Department of Justice
Federal Bureau of Investigation
Washington, DC 20535-0001

Robert S. Mueller III
Director

Contributors' opinions and statements should not be considered an endorsement by the FBI for any policy, program, or service.

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 Every state in America, as well as the District of Columbia, have passed antistalking legislation,6 whereas Canada commonly refers to stalking as “criminal harassment.”7 Because antistalking laws vary from jurisdiction to jurisdiction, law enforcement officers should familiarize themselves with the elements of the law in their specific jurisdictions.8 In addition, federal laws, such as the 1994 Violence Against Women Act and the Interstate Stalking Punishment and Prevention Act of 1996, may affect stalking cases. In some instances, stalking behaviors may violate federal law when offenders cross state lines to stalk a person or when they enter or leave federal property or Indian country for the purpose of stalking someone. These relatively new pieces of legislation provide powerful tools to address these criminal behaviors.

Behaviors

     For many reasons, stalking behaviors are quite diverse. Stalkers may ambush their targets, phone repeatedly, pursue or follow their targets, make obscene or threatening phone calls, display weapons, trespass, or vandalize property.9 They may send numerous letters, deliver unwanted gifts, or restrain or confine the objects of their obsessions. As a means of controlling the behavior of their targets, stalkers may threaten to commit suicide or harm the victims, the victims’ families, or even the victims’ pets. Perpetrators may attempt to limit the amount of contact targets have with their families and friends and may insist on knowing the whereabouts of targets and what they are doing at all times. What they all have in common, however, is a persistent pattern of unwanted behaviors that interfere with other persons’ abilities to control their own lives.

     A relatively new form of stalking, cyberstalking, uses computers to stalk individuals and may take the form of electronic mail, faxes, or harassment in Internet chat rooms. For example, in one recent incident, a woman in San Francisco received about 1,500 pages of e-mails and faxes over a 2-month period that threatened her life and those of her children. Governmental authorities find it difficult to estimate how many individuals are victims of cyber-stalking, although they also note that the number of complaints concerning this type of unwanted contact have increased in recent years. In addition, such cases prove hard to prosecute successfully.10 In stalking cases, a precipitating event occurs 80 percent of the time.11 Such situations may include the breakup of a relationship, the loss of a job, the death of a parent, or the onset of a serious illness. Stalkers may blame their victims, and their actions may result from anger associated with the initial incident.

     Stalking ceases for a variety of reasons. The first national stalking study found that the victims (19 percent) or the stalkers (7 percent) moved; the stalkers acquired new love interests (18 percent); the police warned them to stop (15 percent); the victims talked to their stalkers (10 percent); the authorities made arrests (9 percent); the stalkers received help (6 percent) or died (4 percent); the victims obtained new love interests (4 percent); the stalking just stopped (3 percent); or the perpetrators were convicted of a crime (1 percent). Four percent of the cases remained unclassified.12 Another source suggested that a 2-year period with no stalking activity is a successful intervention;13 however, if the stalker is incarcerated during that 2-year period, investigators should not make the assumption that the stalker will be released with no risk of renewed stalking efforts.

Offenders

     Generally, existing research has focused on the psychological perspectives of stalkers and has ignored their socioeconomic characteristics. One notable exception occurred in a study of 187 female victims of intimate relationship stalking in Pennsylvania.14 This study found that the stalkers ranged in age from 17 to 57 and described 57 percent as non-Hispanic whites, 37 percent as African-Americans, and 6.5 percent as other racial minorities. Of the 100 stalkers whose education the victims knew, 77 percent had at least attended high school and 45 percent had attended college; however, educational background ranged from some level of elementary school through graduation from a doctoral program. Interestingly, this research noted that stalkers with higher educational levels were less likely to be violent and also less inclined to make explicit threats.15 As to occupations, 69 percent of the perpetrators were employed, with 62 percent of those described as holding blue-collar jobs compared with 37 percent in white-collar positions. In addition, 61.7 percent of stalkers had some form of a previous criminal record, and, of those individuals, 31 percent had a prior conviction for a violent offense. Also, according to their targets, 72 percent of the stalkers abused alcohol or other drugs. Sixty-five percent of the women reported physical abuse during their relationships, with two-thirds (66 percent) stating that alcohol or other drug use was the precipitating event for that violence. While this profile reveals some interesting information, it remains important to remember that it resulted from a study in a single state.

     According to the findings of the first national stalking study, approximately 87 percent of stalkers were male.16 Men were identified as stalkers in 94 percent of cases in which the complainants were women and 60 percent of cases in which the targets were men. In addition, approximately 77 percent of female complainants and 64 percent of males knew their stalkers. These researchers speculated that men may know their stalkers less often because of other considerations, such as the involvement of gang rivalries. They also found that homosexual men may be more at risk for stalking. The greater risk may be due to unreturned sexual attraction or bias toward homosexuals.

     Those persons who stalked men tended to be strangers or acquaintances, rather than intimates, such as former spouses, former boy or girlfriends, or former cohabiters. This finding is important in developing threat assessments because those persons who stalk strangers are more likely to be psychotic, while those who stalk sexual intimates are more inclined to abuse alcohol or other drugs and have a dependent personality disorder.17

      Other research also has found that stalkers often are self-conscious and lack self-esteem. Many stalkers have menial jobs and tend to be unmarried and live alone. They frequently have a history of being unable to sustain relationships, and they tend to use alcohol more than nonstalkers. Many stalkers have a history of prior stalking offenses, assaults, or substance abuse.18 Stalkers also may have mental disorders that commonly include not only substance dependence but also mood disorders and schizophrenia.19 Others may have personality disorders, such as narcissism, paranoia, antisocial personalities, borderline personality disorders, dependent disorders, or histrionic personality disorders. If stalkers have a treatable psychiatric disorder, some may benefit from medications or psychotherapy. Those truly antisocial or psychopathic, however, may not benefit from treatment. In these cases, the stalkers must be separated from their victims for the stalking behaviors to cease.

     When examining the lives of stalkers, common themes have emerged from one researcher’s work often cited by other writers.20 These have included a fascination with assassins and assassinations (e.g., the shooting of former president Ronald Reagan), death, suicide, obsessive love, a special or common destiny, and weapons. In addition, some stalkers excessively adhere to religious beliefs or practices and may believe that they are “cosmically connected” with their targets. Obviously, no single potential stalker will exhibit all of these themes. When noted by law enforcement personnel in combination with other typical stalking behaviors, such themes should serve as potential warning signs. In particular, law enforcement personnel should look for signs of behavior that are sinister, disjointed, bizarre, or extremely unreasonable.21

Typologies

     Clearly, the phenomenon of stalking represents a unique nexus between psychiatry and psychology on the one hand and law enforcement on the other. “There is no single profile of a stalker.... Stalkers exhibit a broad range of behaviors, motivations, and psychological traits.”22 As a consequence, several typologies have emerged from the literature, each containing two to three categories, based typically on some form of personality disorder. For example, research has found that some stalkers have an “attachment disorder,” stemming from abandonment in early childhood and resulting in the inability to maintain normal relationships as adults. In addition, many stalkers have a narcissistic personality in which individuals have an inflated sense of self-worth and a need for others to focus on them.23

     One of the best known classifications comes from a review of 74 cases in which researchers described stalkers as having erotomania, love obsession, or simple obsession.24 Erotomania is the strong, but mistaken, belief that the stalker’s object is in love with the stalker. Although the exact label may vary, a number of other researchers also have discussed this phenomenon.25 In many instances, the victim does not know the stalker and almost always occupies an elevated station in life, making any true relationship between the two very unlikely. Usually, the only

Stalking-Related Web Sites

Cyberangels

http://www.cyberangels.com

National Center for the Victims of Crime

http://www.ncvc.org/src

Working to Halt On-line Abuse (WHOA)

http://www.haltabuse.org

Stalking Victims Sanctuary

http://www.stalkingvictims.com

Survivors of Stalking

http://www.soshelp.org

mental disorder affecting such stalkers is the delusion concerning the object of their attentions. Generally consisting of women who target males, this group represents the least dangerous of the three categories and included slightly under 10 percent of those studied.26

     The second group, the love obsessional group, comprised approximately 43 percent of the sample. Ninety-seven percent of those were male stalkers, often between 30 and 40 years of age, with their victims usually between 20 and 30 years of age. Generally, these stalkers became aware of their targets through the media and did not know their victims directly. Twenty-five percent of these stalkers made threats to their objects, while only 3 percent carried out those threats.

     Finally, the third group of stalkers, those having a simple obsession, included approximately 47.5 percent of those studied, 80 percent of whom were male. Generally, they were socially immature and unable to develop lasting relationships. The study found that such stalkers possibly exhibited traits that could include extreme jealousy, insecurity, paranoia, and feelings of helplessness and powerlessness. These stalkers frequently were in relationships with their objects when those associations deteriorated or terminated, generally had an emotional attachment to their victims, and were unable to let the relationship end. If they could not restore those ties, they may have sought retribution or attempted to ensure that no one replaced them in their objects’ affections. Simple obsessional stalkers also were more likely to harm their victims or their victims’ properties. They also were willing to do whatever was necessary to achieve their goals. Substance abuse also was common. Ninety-seven percent of this group made threats, while 30 percent actually carried them out. Such stalking instances may be more short-lived than those in the other two categories.

Threat Assessment

     Because stalking may precede violent crimes against persons or property, early recognition of these phenomena may provide opportunities for early intervention to prevent subsequent violence. “Threat assessment is the term used to describe the set of investigative and operational techniques that can be used by law enforcement professionals to identify, assess, and manage the risks of target violence and its potential perpetrators.”27 Threats are not necessarily predictive in the sense that individuals being stalked always will become victims of violence; however, threats obviously may require further investigation.

     For example, one researcher found that only about one-half of stalkers who threatened their victims actually acted on those threats.28 In addition, even though 43 percent of men and 45 percent of women being stalked in that study received threats from their stalkers, interpersonal violence only occurred on average in 20 to 25 percent of the cases. Violence took the form of grabbing, punching, striking, or forcible fondling, but, reassuringly, homicide occurred in less than 2 percent of the stalking cases; however, this researcher also found that stalkers who had multiple stalking targets and who displayed serious antisocial behavior that was not related to their delusions may be at a very high risk for committing violence.

Researchers also have identified other risk enhancers. For example, one study of Hollywood celebrities found that victims were more at risk when stalkers corresponded with them for over 1 year; sought face-to-face contact; formed detailed, plausible plans; stated specific times, dates, and places that contact would occur; telephoned and wrote their victims; and sent them letters originating from more than one location.29 In their correspondence with their targets, 36 percent of the stalkers referred to other celebrities. This has important consequences for those investigating such crimes. When one target is identified, careful investigation may identify others stalked by the same individual, either contemporaneously or in previous instances. Criminal record checks may help disclose whether the stalker has engaged in similar behaviors in the past.

     Still, other characteristics of stalkers also may indicate a high risk for injury to their stalking targets. These include the possession/ use of weapons, past instances of violence or hostage taking, a disregard for the consequences of violating protection orders, access to the victim or the victim’s family, known depression or suicidal tendencies, and histories of stalking victimizations, mental illness, or drug use.30 Other indicators of high-risk stalkers may include present or past threats to kill the victim or others and a high degree of obsession, possessiveness, or jealousy.31

     In contrast, other researchers found certain factors that were not predictive, despite common beliefs.32 Generally, they did not find stalkers who communicated anonymously more dangerous than those who signed their communications. Also, no link existed between stalkers who harassed their targets with or without accompanying threats. Finally, no predictive value necessarily existed in distinguishing between those stalkers who threatened their victims and those stalkers who approached their targets.

     Recent research in Colorado suggested that law enforcement officers may not recognize the link between domestic violence and stalking and the extent to which stalking may precede such episodes of abuse. This research found that 1 in 6, or 16.5 percent, of domestic violence crime reports contained evidence that the suspect had stalked the victim prior to the present occurrence of domestic violence. Officers typically used charges of harassment or violations of restraining orders, even though evidence existed in the case files to support requesting stalking charges.33

     This research suggested that criminal codes concerning stalking may offer one valuable, yet underused, avenue to address stalking behaviors in domestic violence cases. When victims present complaints of harassing and threatening behaviors, officers always should ask whether these behaviors have occurred previously, so as to develop the pattern of behaviors necessary to sustain stalking charges. If officers ask these questions in all cases involving potential charges of harassment, terroristic threats, and violations of restraining orders, it is possible that, in some situations, interventions could help prevent later domestic violence.

Conclusion

     The phenomenon of stalking is a complex one. Throughout the United States and Canada, law enforcement officials and researchers are intensifying their examinations of the various forms of stalking and its related criminal behaviors. Recent studies have revealed that stalking is more widespread than previous research of the early 1990s indicated.

     In response to a number of highly publicized incidents, authorities have placed more attention on the development and implementation of legislation at the state and national levels. Researchers also have intensified their efforts to understand stalking behaviors, as well as the socioeconomic and psychological backgrounds of those involved. This has led to the development of a number of typologies and efforts concerning the accurate assessment of threats made by perpetrators. Law enforcement and other governmental authorities need to closely monitor these events as they encounter stalking, assess the threat that it presents, and develop their responses.

 

Ethical Standards

     As society has evolved, the questions and concerns that involve ethics and ethical behavior have grown more difficult to address. Ethical standards have become both more complex and scrutinized by the public than at any other time in history. Therefore, law enforcement personnel must carry out tasks assigned to them while the rules and laws constantly change and their freedom to perform the necessary tasks becomes obstructed. Citizens expect law enforcement officials to operate in an efficient and professional manner without expressing personal views and emotions. To accomplish this, law enforcement personnel must have a strict and unwavering adherence to a code of ethics and a code of conduct.

     Law enforcement officers are professionals; they work in a skilled occupational group whose prime consideration constitutes providing a service that benefits the public. Because law enforcement is a profession, ethics and ethical conduct play an important role. Ethics and ethical standards involve doing the right thing at the right time in the right way2 for the right reason.3 With this in mind, the International Association of Chiefs of Police (IACP) established a code of ethics to govern the conduct of its members. This code of ethics, originally written in 1957, was revised at the IACP conference in Louisville, Kentucky, on October 17, 1989. The IACP membership reviewed and finalized these revisions. In Oc-tober 1991, IACP members unanimously voted to adopt the new codes.4

     U.S. citizens have a set of values and norms that they expect all law enforcement (local, state, and federal) to practice. To follow these norms and to gain respect, law enforcement personnel must remain ethical and conduct themselves accordingly at all times, both on and off duty. The law enforcement code of ethics and the police code of conduct represent the basis for ethical behavior in law enforcement. In addition, these codes encourage law enforcement’s classification as a profession. However, these codes simply constitute words. For them to be effective, law enforcement officials and their leaders must consider them as the bible for law enforcement. Law enforcement personnel must not only believe in the codes but also follow them and display conduct that supports them. Thus, law enforcement officers must live the code.5

     Any criminal justice system represents an apparatus society uses to enforce the standards of conduct necessary to protect individuals and communities.6 The laws of this nation, designed to protect and defend the public, provide the framework for a democratic society. Law enforcement officials must perform their duties according to these laws. Law enforcement personnel must have guidelines to perform their duties to act in an ethical manner and to enforce specific standards of conduct. These guidelines exist in the form of the law enforcement code of ethics and the police code of conduct.

     The law enforcement code of ethics is used as an oath of office during the graduation ceremony for many law enforcement personnel.

Prospective law enforcement officers offer the oath to the state in exchange for the employment they receive.7 This oath remains morally binding throughout the officer’s entire length of service in law enforcement. The code of ethics states that the officer’s fundamental duties are to serve the community; safeguard lives and property; protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder; and respect the constitutional rights of all to liberty, equality, and justice. The code of ethics also states that officers must keep their private lives unsullied and recognize the badge as a symbol of public faith and trust. The next to last paragraph states, “I know that I alone am responsible for my own standard of professional performance and will take every reasonable opportunity to enhance and improve my level of knowledge and competence.”

     The police code of conduct works in conjunction with the law enforcement code of ethics. The code of conduct consists of ethical mandates law enforcement officers use to perform their duties. These guidelines include acting impartially; exercising discretion; using only necessary force; and maintaining confidentiality, integrity, and a professional image at all times.

     These codes are only pieces of paper with words printed on them. Society judges ethical behavior by actions, not words. These documents provide the guidelines for law enforcement personnel to conduct ethical investigations, use only the force necessary to apprehend an individual, and avoid conflicts of interest and corruption. These ethical statements, along with appropriate training and strong leadership, encourage law enforcement officers to become members of an ethical profession.8

Corruption

     Corruption represents one ethical issue facing law enforcement officers. Police corruption is the lack of police integrity.9 It also constitutes one of the most significant obstacles to positive police-public relations in today’s society. Police corruption includes acts of brutality, excessive force, inefficiency, and, among others, the use of public office for private gain. Eight corruption issues face law enforcement personnel daily. These issues are the—

1) acceptance of gratuities;
2) association with known criminals without a supervisor’s knowledge or consent;
3) disclosure or furnishing of confidential information, files,      reports, computer information, or the identity of confidential sources to unauthorized persons;
4) disclosure of any information concerning ongoing or planned investigations to any officer, person, agency, office, bureau, department, news medium, or group not directly involved in the investigation, without the express consent of the commanding officer;
5) falsification of affidavits, warrants, or other official reports;
6) harassment of, taking action against, or failing to take proper action against any person due to race, sex, creed, religion, national origin, or sexual orientation;
7) sexual or ethnic harassment of citizens, coworkers, or subordinates; and
8) failure to protect the rights of citizens and to follow laws, policy, and court decisions regarding those rights with reference to probable cause, arrest, evidence, interrogation, collection/protection and report preparation/ submission.10

     Several studies have classified corrupt situations into three different groups.11 Individual corruption exists when a few corrupt individual officers work in a department that actively discourages corruption. Organizational corruption represents illegal and unprofessional acts common in a department in which both officers and administrators are involved together in a widespread and organized practice of corruption, contrary to written policies, regulations, and procedures. Finally, environmental corruption exists where politically significant groups or the collective population generally tolerates and, perhaps, actively supports corrupt practices by law enforcement personnel, other agencies, businesses, and average citizens.12

     Corruption exists at all levels of law enforcement, and it must be controlled. One expert lists four methods for controlling corruption in law enforcement agencies.13

1) Strong leadership: The department’s leadership must lead by example and avoid any questionable conduct.
2) Changes in the selection and socialization of new officers: Departments must complete extensive background investigations to retain qualified candidates and ensure that they receive complete training, which should include a field training officer spending time with the new officer.
3) Changes in departmental organization and operational procedures: The department’s leadership should establish      an investigative unit within the organization to investigate all charges of inappropriate conduct by all personnel.
4) Changes in the environment in which the department works: This will create a departmental code of conduct, with the help of city council or appropriate governmental organizations, that clearly defines appropriate officer behavior.14

     Law enforcement officers cannot allow themselves to incur favors or become indebted to anyone. As public servants, they owe their services to society. To eliminate corruption, society must change officers’ beliefs and, more important, their actions. However, administrators can take significant steps by ensuring that quality leadership exists, screening applicants completely, training personnel (newly hired officers should go through stages of training, such as an initial training program, field training, and, finally, in-service training15), giving them guidelines, providing them with honorable work, and encouraging them to be team players. By taking these steps, law enforcement organizations can eliminate the conditions that lead to corruption within their agencies.

Conclusion

     To flourish as a democratic society, the United States must continue to have one of the best criminal justice systems in the world. Philosophers, educators, citizens, and law enforcement personnel have discussed, and will continue to address, the topic of ethics and ethical conduct. The world continuously changes, which brings different and more complex ethical questions. To adapt to these changes, law enforcement officials must continue to emphasize the importance of ethical standards. Only through sound hiring practices, proper training, ethical leadership, and a written code of ethics will the U.S. criminal justice system prosper.

     “The mark of a civilization is how well its policemen have breathed and absorbed the spirit of liberty…. Police are the guardians of our civil liberties…. They have an unequal opportunity to show the downtrodden and the momentarily despairing how to cope in a free country.”16 They are teachers who must help set the example for society. Ethics do not come from a piece of paper, but from within. All law enforcement personnel must set the ethical example; therefore, not only will law enforcement become a more ethical profession but, perhaps, society will become more ethical as well.