You are on page 1of 16

GRADUATE SCHOOL OF CRIMINAL JUSTICE & PUBLIC SAFETY

Gen. Luna Rd., Baguio City


___________________________________________________ o ___________________________________________________

2nd Semester SY 2020-2021

Name : Jan Michael A. Fernandez


Facilitator : Dr. Jezreel Vicente
Subject : PHDCJM4_GSPHDCRIM_GENDER, CRIME AND JUSTICE
Activity : Academic Paper 1
Topic : Stalking
Schedule : 7:30 am – 10:30 am (Saturday and Sunday
Date : FEBRUARY 12, 2022

Introduction

When you learn more about stalking behaviors, you're more likely to notice them before they
escalate, and you can take steps to protect yourself. If you discover that you are being currently
being stalked—either in-person, online, or via technology—it can be unsettling and even
dangerous. Consider taking steps to protect yourself or involve an authority figure who can help
you.

The National Intimate Partner and Sexual Violence Survey (NISVS) reports that about 1 in 3
women and 1 in 6 men have been stalked at some point in their lives.

While most women and men first experience being stalked as adults, approximately 24% of
female victims and 19% of male victims reported being stalked as minors. Nearly 58% of female
victims and 49% of male victims experienced stalking before the age of 25.

Stalking is often a terrifying crime. People who are stalked can feel constantly unsafe, anxious
and vulnerable. Whether it involves physical violence or not, stalking can cause significant fear
and distress.

While the phenomenon of stalking has existed for many years, it has only been recognised as a
crime relatively recently. For that reason it is not always well-understood, either by the people
experiencing stalking or the system that is meant to respond to it. Victim survivors and system
operators can be unsure how to stop the stalking and start the recovery process.

Body of the Report

a. Definition of stalking

“Stalking is a pattern of repeated and unwanted attention, harassment, contact, or any other
course of conduct directed at a specific person that would cause a reasonable person to feel
fear,” according to the Department of Justice. Similar to crimes of sexual violence, stalking is
about power and control.

Stalking laws and definitions differ from state to state. Stalking behavior can take many forms
including:
 Making threats against someone, or that person's family or friends
 Non-consensual communication, such as repeated phone calls, emails, text messages,
and unwanted gifts
 Repeated physical or visual closeness, like waiting for an someone to arrive at certain
locations, following someone, or watching someone from a distance
 Any other behavior used to contact, harass, track, or threaten someone

Staking is a pattern of behavior directed at a specific person that would cause a reasonable
person to fear for the person’s safety or the safety of others; or suffer substantial emotional
distress.

Stalking involves behaviors towards a person that make them feel unsafe. Someone who stalks
may know their victim intimately, as in a former partner or loved one, or barely at all, as in a
celebrity they've never met. There are numerous behaviors that count as stalking. They include:

Calling, Texting or Emailing: One person may reach out to another, even if it goes
unreciprocated and that is okay. However, it is not okay to repeatedly call, text or email
someone who has told you they don't want to talk to you. Whether you've told someone not to
contact you repeatedly or just once, if they continue to reach out, it can be considered stalking.

Following and Monitoring: When a person follows you from one place to another, that is stalking.
It doesn't matter which places—it is stalking if someone follows you home from work, to a
friend's house, or anywhere else. If someone monitors or tracks your movement and/or location,
that is stalking.

Loitering: This is the act of hanging around a place, and it can be considered stalking if a person
is doing so just because you are there. A person doesn't need to try to communicate with you
for it to be stalking. This behavior is tricky, because the person stalking can claim they have
reason to be somewhere when they don't.

Communication Through Others: Someone who is stalking you might find they are blocked from
the ability to communicate. In this case, they may try to communicate with your family or friends
through calls, texts, emails, or in person.

Damage: Someone who is stalking may damage a person's home or other property. This can be
done with intent to harm, or to get the victim's attention. If you've told someone you don't want to
speak to them, and their response is to damage your property, that is stalking.

Threats: Someone who is stalking may tell their victim that they will do something harmful to the
victim unless they are willing to engage with them. Any act of threatening another person or
making them feel unsafe or harassed constitutes stalking.

Stalking is defined in law. It has also been defined by psychiatrists in clinical settings, and
forensic psychologists and criminologists in academic research. Stalking can include:

 • Surveillance: a person who stalks may obsessively monitor the person they are
stalking. They may follow the person they are stalking, track them using technology, or
loiter around their home or workplace.
 • Repetition: a person who stalks contacts the person they are stalking multiple times.
Stalking can happen over the course of one day, for a few weeks, or many years.[3]
 • Degradation: a person who stalks may verbally abuse the person they are stalking,
post denigrating comments or images online about them, or humiliate them in public.
 • Intrusion: the person who stalks repeatedly approaches the person they are stalking,
interferes with their property, or enters their home or workplace. Stalking involves
making ‘one’s presence felt where it would not otherwise exist’.

b. The nature of stalking

The overwhelming majority of stalkers are men -- four to one, Zitek says. Psychiatrists have
developed several stalker profiles:

 The rejected stalker. This person was rejected in a relationship, and they perceive it as
an insult, they feel wounded, and they are seeking vindication.

 The resentful stalker. These are self-righteous, self-pitying people who may threaten, but
they are the least likely to act on it.

 The intimacy-seeking stalker. They believe they are loved or will be loved by the victim.
Often they focus on someone of higher social status. This person is mentally ill and
delusional.

 The incompetent. This person is socially backward. They don't really understand the
social rules involved in dating and romance and don't mean any harm.

 The predator. This is about sex gratification, control, and violence. The stalker doesn't
necessarily know the victim. The victim may not know they are being stalked. But a
predator plans their attack, rehearses it, has lots of sexual fantasies about it.

The rejected and predatory stalkers are most likely to assault their victims, says Zitek.

c. Why stalkers stalk


There are several reasons one person might stalk another. None of these reasons are an
acceptable excuse, since stalking is a behavior, or pattern of behaviors, that leads someone to
feel unsafe. People who stalk often suffer from delusions and/or delusional thinking.

Rejection

If a person has been rejected romantically, they may find it difficult to get over, to the point that
they take to stalking a victim to win them back. They also may be seeking revenge on the
person who rejected them, and stalk them in hopes of scaring or hurting them as payback.

Fantasy
When a person stalks someone they've never met, they may be trying to get that person to see
and validate them, in the hopes that the stalking victim will become interested in them. This
reason for stalking may also be associated with delusions or delusional thinking.

For instance, it is unlikely that stalking someone would make that person interested in spending
genuine time with you. However, the person committing the stalking likely sees it differently.

Incompetence

Someone who stalks might be genuinely surprised that their behavior is stalking if they have
difficulties understand social cues and societal norms. When this is the cause of stalking, they
may be very surprised to learn they are causing harm to the victim.

d. Prevalence of stalking

1.13 Anyone can experience stalking regardless of gender, race, sexuality, disability or
socioeconomic status. However, stalking is a gendered crime, disproportionately perpetrated by
men against women. Such gendered violence is enabled by the unequal structures of society.[14]

1.14 It is difficult to measure how common stalking is. New technology has led to new ways of
stalking, making it even harder to measure. However, the most recent statistics from the Crime
Statistics Agency reveal a significant upward trend over the last 24 months for the offence of
stalking.

1.15 The most recent statistics indicate 13,872 stalking offences were recorded by police in
Victoria. This includes:

• family violence stalking


• non-family violence stalking.

Stalking in the context of family violence is reported at a slightly higher rate than non-family
violence stalking.

Fewer personal safety order applications were finalised in the Magistrates’ Court of Victoria in
2018–2019 compared to previous years.

The following statistics demonstrate the available prevalence rates for stalking:

• From the age of 15, 17 per cent of women and 6.5 per cent of men have been a victim of
stalking at least once during their lifetime.
• Men are more likely to be stalked by another male than a female.
• Women with disability or long-term health conditions are more likely than women without
disability or long-term health conditions to experience stalking (3.7 per cent compared to
2.7 per cent over a 12-month period). Women with disabilities also experience greater
barriers to reporting and access to services for various reasons, including dependence on
the person using stalking for care. This complicates recovery.
• Rates of stalking victimisation for LGBTIQ individuals are high (15 per cent).
Transgender, bisexual, and queer people have the highest lifetime prevalence rates of
stalking victimisation of the LGBTIQ community. They also have the lowest rates of
reporting their victimisation to police, ‘attributed to the risk of discrimination, fear of being
outed, fear of homophobic/biphobic/transphobic treatment, and fear that police and the
justice system might not recognise the problem.
• There is a lack of accurate prevalence data for rates of stalking among young people.
However, previous Australian research has shown the majority of people under 18 years of
age who commit stalking are male (64 per cent) while people who are stalked are
predominantly female (69 per cent).

It is less clear from the available evidence how culturally and linguistically diverse communities
and Aboriginal and Torres Strait Islander people experience stalking. However, we do know
that:

• Stalking is more prevalent among, and has a particular and far-reaching impact upon,
Aboriginal and Torres Strait Islander women and girls, their families and their communities.
Such violence may be perpetrated by non-Indigenous men as well as Aboriginal and
Torres Strait Islander men.
• Stalking offences for the Aboriginal and Torres Strait Islander population are
predominantly attributable to family incidents, which increased by 212.5 per cent in the
period 2005–2016.
• By contrast, non-family related crimes against the person in Aboriginal and Torres Strait
Islander communities decreased over the same period by 7.2 per cent. We are interested
to understand whether this indicates possible reluctance to report non-family violence
stalking victimization by Aboriginal and Torres Strait Islander people, and/or inconsistent
police responses.
• While it is not clear whether women from culturally and linguistically diverse communities
experience stalking at higher rates, the structural, familial and language barriers to
accessing support are greater. Multiple people committing stalking may also be involved in
this context, and there may be threats of deportation and/or separation from children,
making access to the legal system and safety planning more difficult.
• Migrant women with temporary visa status are at heightened risk of technology-facilitated
abuse, such as being kept under surveillance. Migrant women commonly experience
tracking of their physical movements via location services through social media or
applications on smartphones, along with other devices such as car tracking/spyware
devices. There is limited research on stalking experienced by migrant women in a non-
family violence context.

The evidence base is also very limited in terms of prevalence rates of stalking committed
against public figures or health practitioners. However, what is known is that stalking can
continue for many months before the public figure becomes aware of the behaviour, and in most
situations where the stalking escalates to physical violence, the person stalking typically does
not communicate a threat beforehand. Accurately measuring the risk factors for stalking
violence towards prominent people or people with a public profile (such as health practitioners)
‘is difficult because of low base rates’.
e. Changes in the offenders mobility patterns

Some of the behavior patterns commonly used by stalkers include following or tracking a


victim, sending unwanted letters, cards, e-mails, or texts. Cyberstalking, another kind of
stalking behavior, is where electronic communications are used to stalk or harass the victim.

Stalking behavior patterns closely mirror those common in many domestic violence cases. The
pattern is usually triggered when the stalker’s advances toward their victim is frustrated —
regardless of whether the stalker is seeking to establish a personal relationship or continue a
previously established relationship contrary to the wishes of the victim.

The stalker may attempt to woo their victim into a relationship by sending flowers, candy and
love letters, in an attempt to “prove their love.” However, when the victim spurns their
unwelcome advances, the stalker often turns to intimidation. Such attempts at intimidation often
begin in the form of an unjustified, jealous and inappropriate intrusion into the victim’s life. Often
these contacts become more numerous and intrusive over time, until such collective conduct
becomes a persistent pattern of harassment. Many times, harassing behavior escalates to
threatening behavior. Such threats may be direct or indirect and communicated explicitly or
implicitly by the stalker’s conduct. Unfortunately, cases that reach this level of seriousness too
often end in violence and/or murder.

The evolution of the stalker’s thought pattern progresses from, “If I can just prove to you how
much I love you,” to “I can make you love me,” to “If I can’t have you, nobody else will.”

While this progression in behavior is common, no stalking case is completely predictable. Some
stalkers may never escalate past the first stage. Others jump from the first stage to the last
stage with little warning. Still others regress to previous stages before advancing to the next. It
is not uncommon to see stalkers intersperse episodes of threats and violence with flowers and
love letters.

As difficult as it is to predict what a stalker might do, it is at least as difficult to predict when he
might do it. A few stalkers will progress to later stages in only a few weeks or even days. In
other cases, stalkers who have engaged in some of the most serious stalking behaviors may go
months or even years without attempting a subsequent contact.

It is this unpredictability that makes developing an effective response strategy so difficult in any
particular stalking case.

f. Geographic profiling approach.

Geographic profiling is an investigative methodology which uses the locations of a connected


series of crimes to determine the most probable area of offender residence (Rossmo, 2000).
According to Rossmo, geographic profiling does not solve cases, but rather provides a method
for managing the large volume of information typically generated in major crime investigations.
Also, geographic profiling is one component of the criminal investigative behavioral science
repertoire, a triad that also includes linkage analysis and psychological profiling (Rossmo,
1997).
The location of a crime site can be seen as an important clue, one which can provide valuable
information to police investigators (Rossmo). Geographic profiling focuses on the probable
spatial behavior of the offender within the context of the locations of, and the spatial
relationships between, the various crime sites (Rossmo).

According to Rossmo (1997), geographic profiling has both quantitative (objective) and
qualitative (subjective) components. The objective component uses a series of scientific
geographic techniques and quantitative measures to analyze and interpret the point pattern
created from the locations of the target sites (Rossmo). The subjective component of
geographic profiling is based primarily on a reconstruction and interpretation of the offender’s
mental map (Rossmo).

Additional geographic profiling is only applicable to crime series in which a relatively complete
series of crimes have been linked to an offender, the offender has not moved during the crime
series, the target backcloth is relatively uniform, and the offender is a marauder or local criminal
(Beauregard et al., 2005). In general, a case may be geographically profiled when a series of
crimes has occurred that are linked together with reasonable degree of certainty (Beauregard et
al.).

In conclusion, geographic profiling attempts to use the crime locations in order to predict the
most probable area where the offender resides or works (Beauregard et al.). Geographic
profiling is a framework for understanding how an offender traverses an area in searching for
victims or targets; this involves understanding the social environment of an area, the way the
offender understands this environment as well as the offender’s motives (Levine and
Associates, 2002). Levine’s Crime Stat Spatial Modeling uses geographic profiling and journey
to crime estimation which follows a much simpler logic involving the distance dimension of the
spatial patterning of a criminal (Levine and Associates). It is a strictly statistical approach to
estimating the residential whereabouts of an offender compared to understanding the dynamics
of serial offenders (Levine and Associates).

g. Psychology and behaviors of stalkers

The relentless neurotic nature of the stalker can take the form of harassing their targets, calling
them repeatedly, as well as sending letters and gifts. If these are ineffective, the individual may
escalate to more intrusive behaviors such as spying on, and unexpectedly confronting their
victims. Research tends to focus on how violating it is to bear the brunt of stalkers’ obsessions,
but there is little to explain what exactly motivates the stalker, and further, how to therapeutically
treat these offenders.

most stalkers do not suffer from hallucinations or delusions, although many do suffer from other
forms of mental illness including depression, substance abuse, and personality disorders. In
1993, Australian stalking expert Paul Mullen, clinical director and chief psychiatrist at Victoria’s
Forensicare, a high-security hospital for mentally ill offenders, analyzed the behavior of 145
diagnosed stalkers. Based on their analyses, Mullen and fellow colleagues proposed five stalker
subtypes, in an attempt to facilitate diagnosis and treatment. These subtypes are currently the
most extensively used categorization in classifying stalker behavior.

Mullen defined the rejected stalking type as an individual who has experienced the unwanted
end of a close relationship, most likely with a romantic partner, but also with a parent, work
associate, or acquaintance. When this stalker’s attempts to reconcile fail, they frequently seek
revenge. The therapeutic focus is usually centered on the stalker "falling out of love." The
individual is counseled on how to move on from an angry preoccupation with the past to the
sadness of accepted loss.

The intimacy seeker identifies a person, often a complete stranger, as their true love and begins
to behave as if they are in a relationship with that person. Many intimacy seeking stalkers carry
the delusion that their love is reciprocated. In 2009, country star Shania Twain had a stalker
who fit this profile and received numerous love letters from him. He even attended Twain’s
grandmother’s funeral without an invitation. The focus of management of intimacy seekers is on
the underlying mental disorder coupled with efforts to overcome the social isolation and the lack
of social competence that sustains it.

The incompetent subtype, like the intimacy seeker, hopes their behavior would lead to a close
relationship, satisfying their need for contact and intimacy. However, this type of stalker
acknowledges that their victim is not reciprocating their affection while they still continue their
pursuit. Mullen views these stalkers as intellectually limited and socially awkward. Given their
inability to comprehend and carry out socially normal and accepted courting rituals, the
incompetent stalker uses methods that are often counterproductive and frightening. This was
seen in 2004 when pop sensation Britney Spears’ stalker sent numerous love letters, e-mails,
and photos of himself with frightening notes saying things such as “I’m chasing you.”

The resentful stalker experiences feelings of injustice and desires revenge against their victim
rather than a relationship. Their behavior reflects their perception that they have been
humiliated and treated unfairly, viewing themselves as the victim. It is has been found that
resentful stalkers often regard their fathers as highly controlling. Mark Chapman, the notorious
John Lennon stalker and murderer is a classic case of a resentful stalker. He described himself
as the world’s biggest rock fan and admired Lennon and all his work, until he read a biography
of the musician. Angered that Lennon would “preach love and peace but yet have millions [of
dollars],” Chapman shot and killed Lennon on December 8, 1980. In later testimonials,
Chapman described how his father “never told me he loved me; and he never said he was
sorry.” The focus on a distressing past and the compulsive reliving of this pain can contribute to
a mood disorder. Also, in a fortunate few there is a paranoid disorder that responds at least
partially, to antipsychotic medication.

Finally, the predator stalker also has no desire for a relationship with their victims, but a sense
of power and control. Mullen explains that they find pleasure in gathering information about their
victim and fantasizing about assaulting them physically, and most frequently sexually. Predatory
stalkers should almost always be managed within a sex-offender program, with the main focus
being on the management of the paraphilia that is the driving force behind the stalking behavior.

Therapeutic interventions for stalkers are directed first at their mental disorders. Stalkers as a
group, have an impressive capacity to rationalize, minimize and excuse their behaviors. Mullen
explains that in almost all stalkers there is a need both to improve interpersonal and social skills,
and to instill a more realistic understanding of the impact of their behaviors on victims. Stalkers
should be managed individually, with group work avoided. Like sex offenders, stalkers can
readily establish networks of mutual support and information-sharing within the group,
sustaining the behavior being treated.

In those stalkers motivated by a vengeful resentment, there is often an acute sensitivity to the
confusion, distress and fear produced by their activities. Because of this sensitivity, programs
developed to enhance victim empathy can be readily adapted for use with these individuals. It is
uncommon to encounter a stalker with adequate interpersonal and social skills. Difficulties
establishing or maintaining intimate relationships lie at the basis of many stalking episodes.
Improving this area of function can contribute not only to resolving the current stalking but also
to reduce the chances of reoffending. Many stalkers have narrowed their daily activities to being
entirely focused on the victim. Encouraging even limited social activities can be helpful.

Mullen’s research suggests that professionals should focus not on the stalkers as criminals but
as vulnerable, distressed individuals whose behaviors reflect, at least in part, the influence of a
serious underlying mental disorder. The most important step in the management of stalkers is to
see them as individuals in need of psychological help.

h. Psychological effects on victims

The impact of stalking may vary according to the victim’s characteristics, past experience,
current circumstances, and what they know, or don’t know, about the stalker. How others
respond to the victim’s situation, including how the stalking is managed by authorities, can
influence the overall effect that the stalking episode has on the victim. Despite the complexities
that may vary an individual’s experience and reaction to being stalked, research has
demonstrated common patterns of response. Although female victims usually report greater
levels of fear, studies have found that males subjected to stalking experience similar symptoms
to those reported by their female counterparts.

Although not exhaustive, the following are some of the more common effects that victims of
stalking experience:

Effects on mental health

 Denial, confusion, self-doubt, questioning if what is happening is unreasonable,


wondering if they are over-reacting
 Frustration
 Guilt, embarrassment, self-blame
 Apprehension, fear, terror of being alone or that they, others or pets will be harmed.
 Feeling isolated and helpless to stop the harassment
 Depression (all symptoms related to depression)
 Anxiety, panic attacks, agoraphobia (frightened to leave the house, never feeling
safe)
 Difficulty concentrating, attending and remembering things
 Inability to sleep – nightmares, ruminating
 Irritability, anger, homicidal thoughts
 Emotional numbing
 Symptoms of Post-traumatic Stress disorder e.g. hypervigilance (always on the
lookout), flashbacks of frightening incidents, easily startled
 Insecurity and inability to trust others, problems with intimacy
 Personality changes due to becoming more suspicious, introverted or aggressive
 Self-medication alcohol/ drugs or using prescribed medications
 Suicide thoughts and/or suicide attempts

Effects on physical health


 Fatigue from difficulty sleeping, being constantly on guard, symptoms of depression
 Effects of chronic stress including headaches, hypertension
 Gastrointestinal problems –
 Fluctuations in weight due to not eating or comfort eating
 Development or exacerbation of pre-existing conditions e.g. asthma, gastric ulcers and
psoriasis.
 Dizziness
 Shortness of breath
 Impact on health of increased use of alcohol, cigarettes or drugs
 Sexual dysfunction
 Physical injury due to not concentrating or being under the influence of substances
 Heart palpitations and sweating

Effects on work and school


 Deteriorating school/work performance
 Increased sick leave
 Leaving job or being sacked
 Changing career
 Dropping out of school – poorer education and career opportunities

Effects on social life


 Insecurity and inability to trust others impacting on current and future relationships and
friendships,
 Problems with physical and emotional intimacy.
 Avoidance of usual activities e.g., going to the gym, going out.
 Isolation through trying to protect others , feeling misunderstood or psychological
symptoms.
 Others withdrawing from the victim because they don’t believe the victim, they are
unable to cope with the victim’s mental state or as a direct consequence of third-party
victimisation.
 Victim moving to a new area, changing their phone number, name or even their
appearance.

Effects on finances
 Loss of wages due to sick leave, leaving job or changing career.
 Costs incurred through legal fees.
 Expense of increasing home and personal security.
 Cost involved in repairing property damage.
 Seeking psychological counselling and medical treatment.
 Cost involved in breaking leases on rented properties.
 Expense of relocation.

i. Types of stalkers

REJECTED STALKER
Some stalkers have been rejected by a person they wanted a relationship with, or have just
experienced a breakup. The stalker may be looking for a way to salvage their relationship, or
want to remain as close to the victim as much as possible. In other instances, they’re angry and
want revenge for being rejected.

PREDATORY STALKER
Predators are often sexually obsessed or have deviant sexual fantasies. Typically male, their
victims are usually women who are strangers, but who the stalker has a sexual interest in. It can
start with voyeurism, which becomes a precursor to a sexual assault.

INCOMPETENT SUITOR
These kinds of stalkers are typically incompetent at relationships, lonely, and target strangers or
casual acquaintances. They assume they can convince the object of their desire to start dating
them. They can often seem blind or indifferent to the suffering they inflict on the victim. Many of
these stalkers have poor social skills.

RESENTFUL STALKER
Some people become stalkers because they feel like they’ve been mistreated in some way.
These stalkers often have some form of mental illness, experience feelings of paranoia or
persecution, and can be self-righteous and self-pitying. Stalking the victim can be a way to get
revenge for their perceived mistreatment. They feel like they have a certain amount of power
over the victim as they stalk them.

INTIMACY-SEEKER
Often mentally ill, the intimacy-seeking stalker believes the victim will love or learn to love them,
and they may have a delusional belief that the victim already does love them. In many
instances, they focus on prominent or celebrity figures.

POLITICAL STALKER
These stalkers are unique in that they’re motivated by political beliefs, and end up stalking
people who either agree or disagree with their views.

HITMEN
The most dangerous, victims are stalked by a hired killer who has instructions to badly injury or
murder that person.

It’s also been documented that stalkers are often unemployed or under-employed and can be
delusional and have narcissistic personalities. Personality disorders are present in more than
half the stalkers who have been evaluated.

j. Cyber stalking

Cyberstalking is the act of persistent and unwanted contact from someone online. It may involve
any number of incidents including threats, libel, defamation, sexual harassment, or other actions
in which to control, influence, or intimidate their target.

Stalking a person online may also involve stalking the person in real life. In many states and
countries it is illegal, and could result in criminal charges as a named offence or under
harassment and stalking laws.

Cyberstalking doesn’t only affect the rich and famous. According to a 2014 study by the Pew
Research Center (Duggan, 2014), 18% of those surveyed said that they had seen someone
stalked, while 8% reported that they had been stalked. It also found that women are more likely
to experience online sexual harassment or cyberstalking then men. Of these, women aged 18–
24 experienced a disproportionately high number of incidents, with 26% having been
cyberstalked, and 25% being the target of sexual harassment. This isn’t to say that men aren’t
targeted by this type of behavior. The survey found that 7% of men aged 18–24 reported being
stalked online, and 13% experienced sexual harassment.

Because cyberstalking could ultimately result in violence, if you’re a target it’s important that you
take action as soon as possible. Contact the police and report the crime(s) that have been
committed. Gather as much evidence as you can about the incidents. This would include
printouts or screenshots of posts and messages, documenting dates and times of incidents, and
any other information you might have. You should also evaluate your privacy and security
settings, and change the passwords for any email and social media accounts, in case the
person has gained access to them. As we’ll see in this and other chapters, many sites also have
features to report harassment and other problems, possibly resulting in the person’s account
being disabled or removed.

k. Selected stalker stories in the Philippines and abroad

One of the crazy side-effects that come with being a celebrity are all the crazy fans. With fame,
you can't just go out and expect everything to be fine. There are plenty of paparazzi videos that
show the likes of Kim Kardashian, Selena Gomez, and more being mobbed that prove this.
While we may not have pesky paparazzi in the Philippines, celebrities still have to deal with
crazed fans that sometimes turn into stalkers. From Kris Aquino to Bela Padilla, here are some
Filipino celebrities who have had to deal with stalkers.

n September, Sunshine Guimary revealed that she recently dealt with a stalker. The vlogger
and model said the events happened right after she posted a thorough house tour on her
YouTube channel. Guimary now regrets giving people access to her house on her vlog. "Nag-
regret ako kasi to the point na masyadong detailed. Kasi later on may dumating sa bahay na
stalker. Lumipad siya from ganitong place dumating siya sa subdivision tapos sabi niya p-
protektahan daw niya ako," she said. "Tumawag na lang kami ng pulis at sabi ko na kung
gumastos siya ng pamasahe ako na po magpapamasahe sa kanya pabalik kung saan man siya
galing."

Bela Padilla had to file a complaint against a stalker after he attempted to get inside her home
and introduced himself as her boyfriend to security. After calling the police, the 33-year-old man
left the premises but not before leaving a message for Padilla: "Sinasabi niyang gusto niya raw
ako makita at mahal na mahal niya raw ako." Padilla immediately filed a police report and
followed up with a formal case against the stalker.

On a seemingly quiet Friday evening, Eddie Gutierrez and his family were surprised to find a 21-
year-old man trying to get into their house. The stalker claimed to be Gutierrez's long-lost son,
and had already managed to throw three bags with his belongings into the family's backyard
(presumably in an attempt to move in). Before things could escalate, however, the stalker was
apprehended while climbing over a neighbor's gate.

l. Stalking crimes in other countries

In many countries, there is no specific anti-stalking law, but laws exist that are relevant to
preventing or policing stalking, or there have been discussions in the media or government
about the need for specific anti-stalking legislation. Where we are aware of specific articles or
reports discussing these issues, they have been included in the list below as references for
professionals or victims in those countries.

Comprehensive discussions of the characteristics and status of European stalking laws are
provided in the 2007 Modena Group on Stalking report: Protecting women from the new crime
of stalking: A comparison of legislative approaches within the European Union and the
associated Manual for victims and helping professionals (in multiple languages). Please note
that some of these discussions are now out of date as some countries have since introduced
legislation. Please check below in addition to reading the report. A more recent review is
available in Van Der Aa and Römken’s 2013 discussion of the state of the art of stalking
legislation in Europe.

Anti-stalking and anti-harassment legislation by country


Afghanistan

The Afghan government passed the ‘Elimination of Violence Against Women’ (EVAW) law as
part of the Shia Family Law in August 2009, which reportedly prohibits stalking of women (not
men). However, implementation of this law is slow and problematic.

Austria

Criminal Code s107a Beharrliche Verfolgung (persistent pursuit) and Schutz vor Eingriffen in die
Privatsphäre § 382g EO (Protection against invasion of privacy. An English translation of the
relevant sections of the Criminal Code.

Cayman Islands

The Protection from Domestic Violence Bill 2010 was approved by the Legislative Assembly in
September 2010. This bill offers protection from stalking to victims of family or domestic
violence only. In their 2010 annual report, the Cayman Islands Law Reform Commission noted
that they would be undertaking research beginning in April 2010 into the need for a specific anti-
stalking law.

Hong Kong

Hong Kong has no specific anti-stalking legislation. However, the Hong Kong Law Reform
Commission undertook a consultation and published a final report recommending changes to
existing legislation in 2000

Japan

Japan enacted a law in November 2000 prohibiting stalking in the context of an intimate
relationship.

Mongolia

The Law Fighting Against Domestic Violence 2004 has provisions prohibiting stalking in the
context of a domestic relationship. However, the UN has expressed serious concerns about
whether this law is being implemented in an effective way. No link to the 2004 legislation has
been identified,
Scotland

Scotland traditionally policed stalking under its common law provisions for ‘breach of the peace’,
with additional civil and criminal prohibitions against harassment in the Protection from
Harassment Act (1997) (see United Kingdom entry).

However, in December 2010 the Scottish Parliament introduced a new offence of stalking as
part of the Criminal Justice and Licensing (Scotland) Act 2010. This act also includes provisions
for non-harassment orders.

Spain

Spain does not have an anti-stalking law and, as in many non-English speaking jurisdictions,
there is no single Spanish word that captures the English concept of stalking. There has
nonetheless been some academic interest in stalking.

Swaziland

The Swaziland government has been debating the Sexual Offences and Domestic Violence Bill
throughout 2010 and it had not been enacted by the end of 2011. Section 10 of this Bill would
prohibit unlawful stalking. The Bill is contentious as outlawing stalking is seen by some to
interfere with the traditional custom of ‘Kusoma’ whereby courtship involves a man repeatedly
asking a woman to marry him, and going to her home, workplace, or places of recreation to do
so.

m. The proposed “Anti-stalker law in the Philippines” and other related laws to stalking.

In House Bill 5064, or the Philippine Stalking Prevention Bill, a stalker is a reasonable belief that
stalking puts a person or family member, and repeatedly tracks, harasses, or makes unlawful
contact with another person or family member. Is defined as the person who does. Afraid of
offsetting death. Personal injury, illegal detention, sexual assault, or other similar situations.

According to Rep. Escudero, stalking involves invading the privacy of others' residences,
disrupting or interfering with others' personal lives and family relationships, planning to keep
others away from friends, and religious beliefs. It also includes irritating and humiliating. Place
of birth, physical weakness, or other personal situation. "These felony rights are violated with
the aid of using stalking, that's an act defined as harassing, bothering, scary and in any other
case interfering with the personal lives of people,"

Rep. Escudero added that the the State should uphold human rights, including the dignity of
every human person, and the right of the people to be secured. he Civil Code of the Philippines
provides that every person shall respect the dignity, personality, privacy and peace of mind of
his neighbors and other persons.

Under this bill, a person convicted of a stalking offense will be punished with imprisonment, a
fine of up to 500,000 pesetas, or both, at the discretion of the court.
If the victim is a female or a minor, the highest penalty applies. Victims of stalking have the right
to seek an injunction from the court ordering the defendant to stop suspected stalking.
A detention order is issued and bail is submitted to a written, validated application with proof of
service to the defendant to determine if the prosecution's evidence is legitimate or strong in the
detention order. It will only be issued after the application has been submitted to.

A person convicted of stalking acts, at the discretion of the court ordering the conviction,
undergoes medical, psychological or psychiatric examination and treatment and enters a facility
designated for that purpose. , You have to stay there. The same is necessary when the
evidence justifies it.

There is RA 11313 the safe space act. It is the policy of the State to value the dignity of every
human person and guarantee full respect for human rights. It is likewise the policy of the State
to recognize the role of women in nation-building and ensure the fundamental equality before
the law of women and men. The State also recognizes that both men and women must have
equality, security and safety not only in private, but also on the streets, public spaces, online,
workplaces and educational and training institutions. Where stalking was define as “conduct
directed at a person involving the repeated visual or physical proximity, non-consensual
communication, or a combination thereof that cause or will likely cause a person to fear for
one’s own safety or the safety of others, or to suffer emotional distress.”

Conclusion

Stalking is a serious offence perpetrated by disturbed offenders. It can cause major mental
health consequences, which are often poorly understood by society. most stalkers do not suffer
from hallucinations or delusions, although many do suffer from other forms of mental illness
including depression, substance abuse, and personality disorders. Stalkers, unable to establish
or re-establish a relationship of power and control over their victims, turn to violence as a means
of reasserting their domination over the victim. In some cases, offenders are even willing to kill
their victims and themselves in a last, desperate attempt to assert their domination over the
victim.

Reference
 Beauregard, E., Proulx, J., and Rossmo, D. 2005. Spatial patterns of sex offenders:
Theoretical, empirical, and practical issues. Aggression and Violent Behavior, 10(5),
579-603

 BLACKWELL DIGITAL (2013) Stalking Behavior Patterns and Cycles


https://safeconnections.org/stalking-behavior-patterns-and-cycles/

 Camero, J. (2014) Solon files Anti-Stalking bill.


https://www.congress.gov.ph/press/details.php?pressid=8284

 Center for for Disease Control and prevention (2022)

 Davis, J.L https://www.webmd.com/sex-relationships/features/mind-stalker-why-


torment-someone

 Feiter, T ( https://www.fighterlaw.com/7-different-types-of-stalkers/

 https://www.lawreform.vic.gov.au/publication/stalking-2/1-nature-and-dynamics-of-
stalking/#footnote-3
 https://www.stalkingriskprofile.com/victim-support/impact-of-stalking-on-victims

 https://www.stalkingriskprofile.com/what-is-stalking/stalking-legislation/international-
legislation

 Levine, N. and Associates. 2005. CrimeStat III- A Spatial Statistical Program for the
Analysis of Crime Incident Locations. U.S. Department of Justice.

 Martland, T., Manzi, S. (2019) Stalking Victimization Patterns.


https://onlinelibrary.wiley.com/doi/abs/10.1002/9781118929803.ewac048

 Muller, R. (2013) In the Mind of a Stalker


https://www.psychologytoday.com/us/blog/talking-about-trauma/201306/in-the-mind-
stalker

 Rain (xxxx) Stalking. https://www.rainn.org/articles/stalking


 Resnick, A. (2021) What Is Stalking? https://www.verywellmind.com/what-is-stalking-
5114376
 Rossmo, D. 2000. Geographic profiling. Boca Raton, Fla: CRC Press.

 Sammons, J., Cross, M. (2017) Beyond technology—dealing with people.


https://www.sciencedirect.com/topics/computer-science/cyberstalking#:~:text=Cyberstalk
ing%20is%20the%20act%20of,influence%2C%20or%20intimidate%20their%20target.

You might also like