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Part I: Recognizing Stalking in Intimate Partner Violence Cases

August 9, 20172-3:30pm Central Time

Elaina Roberts, Legal Director, Stalking Resource Center and Detective Mark Kurkowski, Regional Domestic Violence Prevention Team , St. Louis Metropolitan Police Department

This project was supported by Grant No. 2015-TA-AX-K027 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this (document/program/exhibit) are those of the authors and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.

Thank you for joining us today!

The materials are available on our website: http://www.bwjp.org/training/webinar-recognizing-stalking-ipv-cases-part-1.html

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Recognizing Stalking in Intimate Partner Cases

Battered Women’s Justice Program Webinar Series Part I

August 9, 2017

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Thank you OVW!

This project was supported by Grant No. 2015-TA-AX-K035 awarded by the Office on Violence

Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in

this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the

Department of Justice, Office on Violence Against Women.

© National Center for Victims of Crime 2016 Content of this presentation may be reproduced for educational purposes with the permission of the

Stalking Resource Center.

Please contact the Stalking Resource Center at src@ncvc.org or 202-467-8700 for permission.

Stalking Resource Center

• In-person training• Webinars• Individual & organizational assistance• Fact sheets, brochures, manuals, guides• Policy/protocol development & consultation• Videos• Online resources• National Stalking Awareness Month materials

www.victimsofcrime.org/src

Stalking Behavior

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Victim & Offender Relationship

- The National Intimate Partner and Sexual Violence Survey (NISVS): 2010-2012 State Report

2%

7%

15%

26%

62%

3%

11%

17%

37%

43%

0 10 20 30 40 50 60 70

Person of authority

Family member

Stranger

Acquaintance

Current/Former IP

Male victims Female victims

• 81% of male victims

• 69% of female victims

NVAW 1998

• 50% - 60% of partner stalking victims say others were involved in stalking

• - Logan et al (2006)

• Family court

• File false police reports

• Gather info on non-offending parent

• Deliver technology to monitor/track non-offending parent Using kids

Legal system

harassment

OP violations

Proxy stalking

Pattern of Behavior

- The RECON Typology of Stalking- The RECON Typology of Stalking (2006)

2/3 of stalkers pursue their victim at least once per week

78% of stalkers use more than one means of approach

Weapons used to harm or threaten victims in about 20% of cases

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Recidivism

• Occurs in 60% of stalking cases– Time between intervention and recidivism was about

2 months– Ranged from 1 day to 6 years

- The RECON Typology of Stalking (2006)

• Domestic violence re-abuse occurs in 24% to 60% of cases– The majority of offenders do so within 6 months of

beginning probation and/or a batterer program- Klein et al, (2005)

Duration of Stalking

Stalking Victimization in the United States, BJS (2009)

Stalking & Other Crimes

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Stalking and Other Crimes

• Among stalking cases…– 24% involve

property damage– 21% involve a

direct attack on the victim

– 15% involve an attack on another person or pet

• Identity Theft

54%

52%

30%

0% 20% 40% 60%

Opened/closedaccounts

Took money fromaccounts

Charged items tocredit card

Stalking and Domestic Violence

81% of stalking victims who were stalked by an intimate partner reported that they had also been physically assaulted by that partner.- National Violence Against Women Survey (1998)

3/4 of women who experienced stalking-related behaviors experienced other forms of victimization (sexual, physical, or both)- Stalking acknowledgement and reporting among

college women experiencing intrusive behaviors(2007)

Intimate Partner Stalkers

The RECON Typology of Stalking, Mohandie et al (2006)

More likely to physically approach victim

More insulting, interfering and threatening

More likely to use weapons

Behaviors more likely to escalate quickly

More likely to re-offend

Increased Risk for Victims

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IP Stalking Violence

Where there is evidence of the

presence of all of these factors, the

risk of stalking violence is

heightened.

- Women’s Experience of Violence During Stalking by Former Romantic Partners (2005)

Greatest risk of violence

Illegal drug use

JealousDirect threats

Lethality Risks

- Stalking and Intimate Partner Femicide, McFarlane et al. (1999)

• Femicide by intimate partner

• At LEAST 1 episode of stalking within year prior to murder

76%76%

• Attempted femicide by intimate partner

• At LEAST 1 episode of stalking within year prior to attempted murder

85%85%

Lethality Risks

- Stalking and Intimate Partner Femicide, McFarlane et al. (1999)

Almost 70% of femicide victims experienced

physical abuse

Almost 90% of those victims had also been

stalked

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Physical Abuse

Stalking

Greater indicator of

potential lethality than

either behavior alone

Misuse of Technology

Technology is Not the Enemy

• Criminals exploit the technology to create an advantage for themselves

• Most of the technologies used by stalkers have legitimate and legal functions

• We must keep up withthe criminals and workto enact progressive, inclusive stalking legislation

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What type of technology do you think stalkers use the most?

A)Cell PhoneB)Computer/laptop/tabletC)GPS

Stalker Tactics

- The National Intimate Partner and Sexual Violence Survey (NISVS): 2010-2012 State Report

• For both female and male victims the most common tactics experienced were:

• Unwanted messages, including text and voice, and unwanted phone calls Females: 76% Males: 72%

• Threats of physical harm Females: 68% Males: 70%

Cell Phones

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Cell Phones

• Calls, texts, photos, video

• Cell phone settings can be manipulated to provide access to the victim

– Listening device

– GPS tracking

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Location Based Services

Search for:• Locate• Find kids, find friends• Track spouse

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Cell Phone Spyware

Listen to calls

View contact lists

Read text messages

Activate speaker/camera

Locate

Detecting Cell Phone Spyware

Offender knows things that they

could only know if they have access

to the phone

Battery overuse and/or high data

usage

Offender has or had physical

access

Clicks or sounds when on calls

Call &Text Message SpoofingCall & send text messages anonymously

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Spoofing – Documentation & Evidence

• Match call logs– Offender – outgoing call to

spoof company• Look for different access

numbers– Victim – incoming call from

“friend”/“family”• Suspect’s financial records• Suspect’s phone/computer

history• Court order to spoofing

companies

Truth in Caller ID Act, 2009

• No person or entity in the United States shall, with the intent to defraud, cause harm, or wrongfully obtain anything of value, knowingly cause, directly or indirectly, any caller identification service to transmit or display misleading or inaccurate caller identification information

• FCC can levy up to $10,000 per violation

In 2016 the FCC filed a Notice of Apparent Liability against two individuals and proposed levying a fine of $25,000 each.

Text vs. Messaging

• Text uses cellular services– Shows up on phone bill

• Messaging– Facebook Messenger– iMessage– Kik– Lots of others

• iMessage and IM are data

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Disappearing SMS & MMS

• SMS & MMS• Both users need

to have the app

Cell Phones - Documentation

Document communications• Audio: on phone and separately• Text:

– On phone– Digital image of phone face

• Most cell companies no longer maintain the content of text messages

• Victims can get detailed copies of their own phone bills

Regularly ask victims about their cell phone use • Discuss spyware potential

• Discuss account privacy

• Discuss location settings

Cellphones – Victim Safety

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Cellphones – Victim Safety

• Consider completely wiping phone & restoring to factory settings – discuss potential safety risks of this action

• Consider keeping phone but not using it for anything that could reveal location of victim but also using a different, safer phone (no-contract phones, donated phones)

Social Media

Social Networking Sites

• How stalkers can exploit SNS:

• Gather information on the victim

• Location

• Plans

• Communicate

• Post on victim’s page

• Post about the victim on their own or other’s pages

• Create fake sites

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Virginia Craigslist Rape

Wyoming Craigslist Rape

Fake Social Media Posts

This video shows you how to tamper with comments on Facebook….Perhaps you want to destroy the reputation of someone you hate or make them look like a hated person…

GPS & Locating Devices

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Resources for Professionals

Video and discussion guide available at www.victimsofcrime.org/src/resources/publications#video

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Can be downloaded at www.victimsofcrime.org/src

Available for download at

www.ncvc.org/src

For Victim Service Providers

• For removal of online information– Safe Shepherd

• www.safeshepherd.com/advocates– Reputation.com

• www.reputation.com/domesticviolence

• Technology Safety Planning– www.nnedv.org

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NNEDV SafetyNet Project

• www.nnedv.org• Technology Safety

Planning with Survivors– This handout

provides 12 tips about technology use to discuss if someone you know is in danger.

Survivors & TechnologyAn interactive safety planning tool

www.riss.net

access to intelligence databases  information sharing analytical support investigative support and 

research

equipment loans confidential funds training and publications field staff support technical assistance 

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Mobile Phone Seizure Guide App

Available for iPhone

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www.justnet.org

www.ectcoe.net

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IACP –

International A

ssociation of Chiefs of Police

Thank you!Elaina Roberts, JDLegal Director, Stalking Resource Centereroberts@ncvc.org

Detective Mark KurkowskiSt. Louis City Police Departmentmlkurkowski@SLMPD.org

For additional information and assistance:202-467-8700

www.victimsofcrime.org/src