Stalking Laws and the Lack Thereof in Place to Protect People

People or groups of people who act incessantly, unwelcome, and intrusively toward another person to harass, intimidate, and frighten them commit stalking, which is a crime. Stalking includes actions like following, observing, monitoring, sending unwanted messages, giving unwanted gifts, and making frequent phone calls. We urgently need effective stalking laws to protect individuals and prevent further instances of this serious and widespread problem that affects numerous people worldwide.

Stalking has gained more attention recently due to the rising popularity of social media and technology, making it easier for stalkers to contact their victims even when they are physically distant. Many stalking victims claim that the increase in social media has violated their right to privacy. Additionally, victims of stalking may suffer severe consequences such as mental distress, loss of income, and a significant decline in their quality of life. In some cases, stalking can escalate into violence, leading to injuries or even murder.

Introduction

The topic of stalking is being discussed and debated worldwide, with some governments having stricter stalking rules than others. For example, the US already has stalking laws in all 50 states and the District of Columbia. However, these laws and policies vary greatly from one state to another, with some having stricter regulations and others having fewer restrictions. The European Union has also taken steps to combat stalking through various projects and policies.

In 2011, the European Parliament adopted a resolution on ending violence against women, which included recommendations on addressing stalking. To prevent and combat assault against women, children, and young people, including stalking, the EU initiated a program called “Daphne III.”

Unfortunately, many law enforcement personnel and the general public do not fully grasp the seriousness of stalking. Some people still consider stalking harmless and may advise victims to “ignore” or “take it as a compliment” from their stalker. This dismissive attitude can result in inadequate reporting of harassment and a failure to take the necessary steps to protect victims.

Background

Stalking presents a problem, and there are no good laws to safeguard people from it, which has been the subject of debate for a long time. Given that stalking has been a practice for many years, it is challenging to identify the precise moment and location when the discussion first started. However, laws protecting victims were not passed, and stalking was not acknowledged as a crime until the 20th century. Activists and supporters lobbied for tougher stalking laws, resulting in multiple states, including California, New York, and Illinois, enacting the initial anti-stalking laws in the early 1990s. The adoption of these laws established a standard for creating harassment laws in the United States and abroad.

Rebecca Schaeffer’s Tragic Murder: A Watershed Moment in the Fight Against Stalking

Among the first high-profile cases of stalking in the US was the murder of singer “Rebecca Schaeffer” in 1989. A man had been visiting Schaeffer’s house and mailing her unsolicited letters; he was stalking her. At her front door, the man finally shot Schaeffer to death. This case brought widespread attention to the problem of stalking, and anti-stalking legislation was enacted in numerous states in the years that followed.

In 1990, California enacted the nation’s first anti-stalking legislation, and numerous other states soon followed. Congress passed the “Violence Against Women Act” in 1994, which contained provisions to address stalking and other types of domestic violence. Despite these initiatives, stalking remains a major issue in both the United States and the rest of the globe.

The Alarming Reality of Stalking: Prevalence, Impact, and the Ongoing Struggle for Victims’ Rights

According to the “National Center for Victims of Crime,” one in six women and one in seventeen men will experience stalking during their lives. Victims of stalking may experience significant negative effects, including feelings of dread, isolation, and anxiety. As many stalkers’ behavior escalates over time, it can also result in bodily harm. People of all ages, genders, and social situations experience stalking. However, research shows that women experience stalking more severely than males do, with women being the victims in more than 80% of cases.

Stalking can significantly impact a person’s life, leading to social isolation, financial hardship, bodily harm, and mental distress. In extreme circumstances, stalking can result in bodily harm or even mortality. Laws against harassment have developed over the past few years, and many nations now consider it a separate crime. Nevertheless, there is still plenty of work to be accomplished to guarantee that stalking victims are safeguarded, and offenders are held responsible for their actions. Stalking victims may originate from every aspect of life, including famous people, well-known personalities, and regular people.

Challenges in addressing stalking

The fact that stalking is frequently difficult to establish makes combating it problematic. Stalkers may participate in subtle actions that are challenging to catch, like distantly following a victim as well as sending them unidentified messages. Furthermore, other forms of violence, like domestic abuse as well as sexual attack, frequently coexist with stalking. Because of this, it may be challenging to recognize as well as deal with stalking as a distinct crime. All 50 states presently have stalking laws, and some federal laws may also apply. The successful implementation of these regulations differs greatly, though.

Although enforcement can be difficult, some states have more complete stalking laws than others. Given that they dread retaliation as well as do not think law enforcement is going to take their issues seriously, those targeted in some situations may be hesitant for submitting stalking to the authorities. The absence of a common meaning of stalking poses one of the biggest obstacles to its prevention. There is no agreement on which behaviors should be considered stalking offenses because different states, as well as jurisdictions, describe stalking differently. Because of this, it may be challenging for law enforcement to locate and bring stalking instances to justice as well as for victims to comprehend their legal rights.

The scarcity of resources for those impacted by harassment is another difficulty in combating the problem. Many stalker victims lack access to the tools they need to defend themselves as well as get assistance. This may encompass support groups, therapy, as well as legal assistance. Furthermore, the general population frequently lacks knowledge about stalking, and that can make it challenging for those targeted to get the assistance they require.

In summary

Stalking is a severe as well as pervasive issue that has a significant global impact. While significant attempts have been made to tackle stalking by utilizing laws as well as policies, much more needs to be carried out to safeguard victims and stop further incidents. Increasing the public’s consciousness of stalking and the effects it has on those targeted is one of the most crucial actions that can be done. This may involve bringing awareness of stalking as well as the resources accessible to victims to the general population, law enforcement, as well as policymakers.

Additionally, more thorough stalking rules that are uniform across jurisdictions are required. This could entail creating a standard definition of the offense as well as offering law enforcement as well as prosecutors clear instructions on how to recognize and handle stalking cases. It might also have provisions for victims’ rights, like giving them access to assistance and counseling services. Increased support for stalking victims is a crucial next move.

Financing for counseling, legal assistance, and support programs could be part of this, along with increased efforts to make victims aware of the tools at their disposal. It might also cover instruction for law enforcement officials and other professionals on how to handle stalking situations and assist victims. Ultimately, it is critical to keep track of and assess how well stalking rules and policies are working over time. The above can help pinpoint areas that need development as well as those where present attempts are succeeding. Additionally, it may contribute to the successful implementation of stalking laws and policies and the provision of victims’ support.

Conclusion

Stalking is a significant issue that needs to be addressed in a variety of ways. While significant investments have been made to tackle stalking using laws as well as policies, much more needs to be done to safeguard victims and stop further incidents. People can work toward a society in which stalking is not anymore a pervasive danger to people and communities by raising awareness, creating thorough laws, expanding resources for victims, and tracking and evaluating endeavors over time.

References

Boehnlein, T., Kretschmar, J., Regoeczi, W., & Smialek, J. (2020). Responding to stalking victims: Perceptions, barriers, and directions for future research. Journal of family violence, 35, 755-768.

California Legislative Information. (1990). Chapter 1331, Statutes of 1990, AB 2308 (Alquist).

Carter, T. B. (2015). Local, state, and federal responses to stalking: Are anti-stalking laws effective. Wm. & Mary J. Women & L., 22, 333.

Diette, T. M., Goldsmith, A. H., Hamilton, D., Darity Jr, W., & McFarland, K. (2014).

European Parliament. (2011). Resolution on combating violence against women.

European Union. (n.d.). Daphne III programme.

Hazelwood, S. D., & Koon-Magnin, S. (2013). Cyber stalking and cyber harassment legislation in the United States: A qualitative analysis. International Journal of Cyber Criminology, 7(2), 155.

Korkodeilou, J. (2017). ‘No place to hide’ Stalking victimisation and its psycho-social effects. International Review of Victimology, 23(1), 17-32.

Lowney, K. S., & Best, J. (2017). Stalking strangers and lovers: Changing media typifications of a new crime problem. In Images of issues (pp. 33-58). Routledge.

National Center for Victims of Crime. (2012). Stalking fact sheet.

National Institute of Justice. (2020). Stalking laws.

O’Shea, B., Julian, R., Prichard, J., & Kelty, S. (2019). Challenges in policing cyberstalking: A critique of the stalking risk profile in the context of online relationships. Online Othering: Exploring Digital Violence and Discrimination on the Web, 331-353.

Racine, C., & Billick, S. (2014). Classification systems for stalking behavior. Journal of forensic sciences, 59(1), 250-254.

Spitzberg, B. H., & Cupach, W. R. (2014). The dark side of relationship pursuit: From attraction to obsession and stalking. Routledge.