Recognizing Stalking in Intimate Partner Cases. Part I: Recognizing Stalking in Intimate Partner Violence Cases 8/8/2017

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1 Thank you for joining us today! Part I: Recognizing Stalking in Intimate Partner Violence Cases August 9, :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 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. The materials are available on our website: AUDIO OPTIONS The audio component can be heard by VoiceoverIP (VoIP) or telephone: VoIP: Select "connect" to internet audio on the Start tab to get your audio streaming through your computer. Telephone: Select I am dialed in on the Start tab and dial in from you telephone. Your standard long distance charges will apply. Dial-in: Passcode: AUDIO TROUBLESHOOTING for VoIP Verify you selected connect to the internet audio If your computer & speaker volume are turned all the way up, & volume is too low, run the audio wizard under Tools at the top of your screen. If still low volume, try a headset (which is recommended). Lastly, if all your troubleshooting attempts have failed please dial in from a telephone. Your computer &/or network don t have the requirements (bandwidth, memory, etc) for VoIP on this webinar. Recognizing Stalking in Intimate Partner Cases Battered Women s Justice Program Webinar Series Part I August 9,

2 Thank you OVW! This project was supported by Grant No 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 or 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 Stalking Behavior 2

3 Victim & Offender Relationship Current/Former IP 43% 62% Acquaintance 26% 37% Stranger 17% 15% Family member 7% 11% Person of authority 3% 2% Male victims Female victims - The National Intimate Partner and Sexual Violence Survey (NISVS): State Report Gather info on non-offending parent Family court Deliver technology to monitor/track non-offending parent Using kids Legal system harassment File false police reports Proxy stalking OP violations 50% - 60% of partner stalking victims say others were involved in stalking 81% of male victims 69% of female victims - Logan et al (2006) NVAW 1998 Pattern of Behavior 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 - The RECON Typology of Stalking - The RECON Typology of Stalking (2006) 3

4 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 4

5 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 Charged items to credit card Took money from accounts Opened/closed accounts Identity Theft 30% 52% 54% 0% 20% 40% 60% Stalking and Domestic Violence 3/4 of women who experienced stalking-related behaviors experienced other forms of victimization (sexual, physical, or both) 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) - Stalking acknowledgement and reporting among college women experiencing intrusive behaviors (2007) Intimate Partner Stalkers Increased Risk for Victims 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 The RECON Typology of Stalking, Mohandie et al (2006) 5

6 IP Stalking Violence Jealous Illegal drug use Direct threats 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 Lethality Risks 76% Femicide by intimate partner At LEAST 1 episode of stalking within year prior to murder 85% Attempted femicide by intimate partner At LEAST 1 episode of stalking within year prior to attempted murder - Stalking and Intimate Partner Femicide, McFarlane et al. (1999) Lethality Risks Almost 70% of femicide victims experienced physical abuse Almost 90% of those victims had also been stalked - Stalking and Intimate Partner Femicide, McFarlane et al. (1999) 6

7 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 with the criminals and work to enact progressive, inclusive stalking legislation 7

8 What type of technology do you think stalkers use the most? A)Cell Phone B)Computer/laptop/tablet C)GPS Stalker Tactics 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% - The National Intimate Partner and Sexual Violence Survey (NISVS): State Report Cell Phones 8

9 Cell Phones Calls, texts, photos, video Cell phone settings can be manipulated to provide access to the victim Listening device GPS tracking 9

10 Location Based Services Search for: Locate Find kids, find friends Track spouse 10

11 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 Spoofing Call & send text messages anonymously 11

12 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 12

13 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 Cellphones Victim Safety Regularly ask victims about their cell phone use Discuss spyware potential Discuss account privacy Discuss location settings 13

14 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 14

15 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 15

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17 Resources for Professionals Video and discussion guide available at 17

18 Can be downloaded at Available for download at For Victim Service Providers For removal of online information Safe Shepherd Reputation.com Technology Safety Planning 18

19 NNEDV SafetyNet Project Technology Safety Planning with Survivors This handout provides 12 tips about technology use to discuss if someone you know is in danger. Survivors & Technology An interactive safety planning tool access to intelligence databases information sharing analytical support investigative support and research equipment loans confidential funds training and publications field staff support technical assistance 19

20 Mobile Phone Seizure Guide App Available for iphone 20

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22 IACP International Association of Chiefs of Police Thank you! Elaina Roberts, JD Legal Director, Stalking Resource Center Detective Mark Kurkowski St. Louis City Police Department For additional information and assistance: