Federal Stalking Law example essay topic

Stalking has been around since the beginning of time. Men and women alike have been accused of such a crime cause they either can't get it out of their head that the other person does not want to have anything to do with them, or they are just obsessed with a stranger. It is just recent that they United States Government have decided to make stalking a crime in it self. This type of crime was labeled as harassment, annoyance, or domestic violence. It wasn't until the 80's and 90's that stalking cases were brought to the attention of the media and high political policy makers. I suppose that I should inform you as to the legal definition of stalking before I go any further with this paper.

There really is no one definition, each state has the right to put down on paper their own definition of what they this is stalking. Most states will agree that stalking is a willful course of conduct involving repeated or continuing harassment or another individual that would cause a reasonable person to feel terrorized, intimidated, threatened, harassed, or molested, and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested. Basically this is saying that in order for there to be stalking, a person need to feel like their life is in danger, they are unable to lead a normal life cause of another person that won't leave them alone. There are three main types of stalkers. The first one is the simple obsession type.

This is probably the most common one consisting of 70 to 80 percent of all stalking cases. Most of these were brought on when a relationship of some type was terminated. This could have been a business relationship, neighbor, customer, dating or even a lover. These people are also seen as the most dangerous. In cases where the two people were dating or lovers, they become obsessed with getting the relationship back, not with the sexual aspect.

This type of stalker has a low self-esteem and feels that their partner is the only positive thing in their life. They fear losing this person, for they become dependant on them for their support and sense of achievement. They literally feel that without this person being an active and positive part in their life that they are worthless. They do not realize that they are driving the person further from them, they think that they are helping the situation, and they feel that by following them or constantly calling them that their chances of getting back with that person are increased.

The second type of stalker is the Erotomania c. The delusion of this stalker is that the person is in love with them. The victim in this case is of a higher status than the stalker, and it is someone that is not necessarily known personally by the stalker. Efforts to contact this person are frequent, yet the stalker may keep this delusion a secret from others. The stalker feels that they are to rescue this person, whether or not they are in actual danger. The third type of stalker is the love obsessive.

This profile is similar to that of the erotomania c. The victim is usually someone that is found in the spotlight of the media, and in majority of the cases, the stalker does not know, and has never had a personal experience with the victim. The most important goal becomes to make the stalker known by the victim, whether or not they think that the person has feelings for them. Stalking is in no sense a new phenomenon, but laws against stalkers and laws protecting the victims were enacted only recently. The first anti-stalking law was passed in 1990 in California, making stalking a punishable crime. This law was passed due to the several instances that involved victims being killed by their reported stalkers.

Before this law was passed, there was no legal action that could be taken to protect a victim of harassment or threatening. The only available option that lead to arrest was if the perpetrator acted on the threats that they provided to the victim. As of 1993 all 50 states (in the United States) and the District of Colombia have passed anti-stalking laws, and in 1996 congress passed the federal stalking (anti-stalking) law. Before the increased popularity of stalking being seen as a crime, the only refuge for a victim was a restraining (or no contact) order. The fault with this protection lies in the fact that no action could be taken, as far as arrest or prosecution, unless a perpetrator continued the offense after being served with the court orders prohibiting them to do so.

In order to be granted a restraining order, you must testify and have sufficient evidence proving the probable cause that the stalker is directly violating state law with the actions that they are taking upon you. This is why it is important to have documentation of every unwanted incident that you encounter so that you are able to prove the actions and stop the stalker from making further contact. At this present time there are over 1 million people being stalked in the United States annually. At this present time there are over 200,000 Americans that are being stalked.

That should just go to show you how common stalking has become and why we needed to develop anti-stalking laws. The one statistic that really surprised me is that almost 400,000 men are stalked annually. That seems to go against any and all stereo types that only women can be stalked. The chances of you being stalked sometime in your life are pretty high also. 1 in 12 women will be stalked in their life and 1 in 45 men will be stalked. That is a huge number considering the number of people that live in the United States.

Just last year in 1999 there were 13 complaints from students at Western New England College to public safety cause they were being stalked. This info comes from Lt. Beudro who works on the public safety department. This just goes to show you that not even college students are safe from such a horrible crime. It is unfortunate that they have to worry about something like that when they already have the pressures of school hanging over them. Almost all of these cases fall under the Simple obsession type. They had a prior relationship with the victim, and when they tried to break up the relationship with them the stalker couldn't handle being alone.

They felt like the victim symbolized everything good in their life and without them they could not imagine anything else that would be able to fill the void. The unfortunate thing about all these statistics is that only about half of all stalkings are reported to the police. The police do not actually have an accurate account of the true number of those that are stalked. Quite often the person that is being stalked feels like they have done something wrong and that if they just ignore it then maybe it will go away.

What they don't realize is that a stalker just doesn't stop. They will pursue their victim till they either have them or the fun of it wears off. This last one rarely happens and many women have been killed cause they did not go to the police and get a restraining order against the person. To do something like this is not that hard of a process.

It is more trying on emotions than it is physically. The police are able to issue emergency restraining orders, which last only 10 days. With in that time the victim needs to go to court to have a judge issue another restraining order that last up to a year. With in that time they can either press charges on stalking or hopes that the stalker will just leave them alone. This usually doesn't happen. To a stalker, a restraining order is only a piece of paper and it tends to mean nothing to them.

To often because of this thinking the victim will be seriously hurt and then it is too late. The crime has been committed and at this time it is out of the victims hands as to what will happen next. Most all states in the United States have mandatory arrest laws. The government has decided that too often the police being deceived into thinking that everything would be fine and that nothing was going to happen, so after on such case were a women was killed after the man violate the restraining order, and the arrest was not made. The government decided to implement mandatory arrest laws. The government has taken the ability of the police to use their discretion and told them that they have to arrest the stalker.

There are something's that a person can to if they feel like the are being stalked. As I said in the last part of the paper, they can get out and emergency-restraining order, which in Massachusetts is called a 109 A. This form is available at any police department. Then there is the long term restraining order. This is available only from a judge.

There are other things that can help out a person that thinks they are being stalked. There are safe houses that are available that they can go to to get away from a stalker. These houses are run by the state and those that enter are considered confidential. Their names are not let out and in most cases not even those on the police force know where these houses are or who goes to them. There are only a select few officers that transport these people to such a house that know where it is. If the victim does not want to go to a safe house then another great place to go to is a church.

As with a safe house, those that enter into a church are considered confidential, and their names are not allowed to be told to anyone. Plus, if you think about it, rarely will a stalker even think about doing something inside of a church? Those places are considered holy and pure so they tend to stay away from them. Another place that is not the best place cause your identity can not be kept confidential is a home where there are a lot of people who know you. The stalker might try to contact the victim there, but usually will not attempt anything else cause of the number of people there that know you. The people of the house usually know the story about what is going on so they can act somewhat like a protector.

Finally, the last thing that a victim can do is calling a help hot line. Most states have some type of hotline that a person can call and talk to about what is going on and to try to get advise and help to deal with the situation. All calls are kept confidential. This service can direct you to support groups and give you other numbers that you could call to get more help in regaining control or your life. The last thing that I want to put in this report is the top ten mistakes that a person makes when being involved in a stalking situation.

1. The first mistake they make is not listening to their intuition. If they feel like they are in danger or that they are being stalked then the probably are and there is now shame in doing something about it even if it isn't happening. 2. Letting someone down easy.

They need to be more forceful with their answers. That will usually give a person the hint that they are not wanted. 3. Ignoring the early warning signs. 4. Responding to the stalker in any way, shape, or form.

That is ultimately what they stalker wants. He is sometimes just looking for attention 5. Trying to reason or bargain with the Stalker 6. Seeking a restraining or protective order.

Like I said earlier in the paper. This is only a piece of paper to the stalker so it doesn't mean much 7. Expecting police to solve your problem and hope it goes away 8. Taking adequate privacy and safety precautions 9. Neglecting to enlist the support of family and friends. 10.

Ignoring their emotional need before and after a stalking. This is only the top ten mistake that a victim makes. There are probably plenty others, and if a person feels like a they are a victim of stalking then they need to get some help. In conclusion, stalking is not something to be taken lightly.

It is a serious crime that affects thousands of people each year. Recent laws are making it safer for the victim, but there is a lot more that needs to be done, and as long as there are men and women on this earth then there is going to be stalking.

Bibliography

1. Heavy Hands, by: Denise Gosselin. Prentice Hall 2000.
Pp. 316-3262. National Call for Law Enforcement Stalking Protocol, by: David Anderson (6 Mar. 2000) web protocol.
htm 3. Top Ten Mistakes, by: Clarity Consulting. (6 Mar. 2000) web Stalker Definition, by: Zona.
6 Mar. 2000) web.