Identify and Document the Crime of Stalking
January is National Stalking Awareness Month, which prompts us to look at what stalking is, who does it, and what to do about it.
One national survey recently found 1 in 6 women and 1 in 17 men – as many as 7 million Americans – experienced stalking in their lifetimes. Here's a few other alarming statistics from Stalking Prevention and Awareness Center (SPARC) at StalkingAwareness.org:
- Half of all victims reported being stalked before age of 25, with the highest rate between 18-24.
- Most victims are stalked by someone they know (current or former intimate partner, or by an acquaintance).
- Victims fear not knowing what will happen next or the stalking will never stop.
- Stalking victims suffer much higher rates of depression, anxiety, insomnia, and social dysfunction than the general population. And, 1 in 7 move away as a result of stalking.
New Mexico has laws to prosecute stalking as a crime; first offense is a misdemeanor and subsequent stalking increases the crime to a fourth-degree felony. If there's a court order of protection in place, offenses are charged as felonies.
The anti-stalking statute in NM (30-3A-3), says a person is guilt of stalking when they "knowingly pursuing a pattern of conduct, without lawful authority, directed at a specific individual when the person intends that the pattern of conduct would place the individual in reasonable apprehension of death, bodily harm, sexual assault, confinement or restraint of the individual or another individual."
Because the alleged stalker must be doing so "knowingly" and doing so with an intentional "pattern of conduct," it puts a large burden on victims and prosecuting attorneys. Some acts stalkers commonly do are clearly criminal, like assault. But others can appear harmless. Often, the defendant in a stalking case will argue that they weren't pursuing, harassing, or contacting the victim on purpose; that it was coincidental. Or that delivering flowers, sending greeting cards, or giving money were merely expressions of affection – nothing dangerous or threatening.
In our digital age, many stalking acts can be done from a distance, without having direct contact with the victim and further protecting the identity of the perpetrator. About 10% of victims report being monitored with global positioning systems (GPS), and 8% report being monitored through video or digital cameras or listening devices. Here's other common forms of stalking with direct contact:
- Spreading false rumors or posting vicious information on social media;
- Uploading intimate photographs or videos (revenge porn); or
- Reporting false complaints about the victim to her boss or landlord, among others.
So, what can be done? First and foremost, trust your instincts. If you are experiencing it, it's happening. Stalking poses a real threat of harm, so call the police.
Keep a log or record of each contact. Stalking is a difficult crime to prosecute, so law enforcement and district attorneys need all the evidence possible. Save all pertinent emails, text messages, photos, and social media postings.
And, find help. CAV has trained advocates ready to assist. You can also call: Victim Connect, 1-855-484-2846; National Domestic Violence Hotline, 1-800-799-7233 (TTY 1-800-787-3224); National Sexual Assault Hotline, 1-800-656-4673. SPARC's website has useful resources, such as a template for an incident log, available at StalkingAwareness.org.
It’s easy to minimize fears of stalking: women are often accused of overreacting or have been told nothing can be done. But it’s important to understand and recognize the crime of stalking as dangerous and report it.
Malinda Williams is the executive director of Community Against Violence (CAV) which offers FREE confidential support and assistance for child and adult survivors of sexual and domestic violence, dating violence, stalking, and child/elder abuse; community and school violence prevention programs; re-education groups for people using power and control in their relationships; counseling; shelter; transitional housing; and community thrift store. To talk with someone or get information on services, call CAV’s 24-hour hotline at 575-758-9888. TaosCAV.org
