Stalking is More Common Than You Might Think
Among the most disturbing cases we see at 221B Partners are those involving stalking and harassment. They typically begin with a phone call from a client who is in distress because someone is posting derogatory information online or is sending texts from a fake number or email from an anonymous account to them, a family member or an employee. The client may already suspect who is behind the troubling activity, or they may have no idea at all.
Unfortunately, although stalking is not a new problem, the way we communicate today has created new opportunities that weren’t available in the past. Just think of how much of our communication is no longer face-to-face, or even by phone call. Today, we hide behind texts, emails and social media posts that make anonymity easier than ever, and thus make stalking easier than ever. Add to this identity-masking technologies such as VPNs, spoof phone numbers and the Dark Web, and it’s no wonder online stalking has become an epidemic.
One in three women, one in six men
January is National Stalking Awareness Month, but stalking is, of course, a year-round problem. In a 2016/2017 survey conducted by the CDC, one in three women and one in six men reported they had been victimized by a stalker at some point in their lives. For women, the most common perpetrator was a current or former intimate partner, followed closely by an acquaintance. For men, stalking by an acquaintance was most common. The most common forms of stalking for all victims, according to the survey, were unwanted phone calls, texts and emails; being followed and/or watched; and having a stalker approach or show up unexpectedly.
The Stalking Prevention, Awareness, and Resource Center (SPARC) defines stalking as “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.”
Investigating a stalker can be a challenge, especially when the victim has no idea who it could be. Typically this is not the case, however. In my experience working on behalf of victims, most of them feel confident they know who the stalker is or have a strong suspicion. And yes, as the poll shows, it is often someone who is a former romantic partner or acquaintance, such as a current or former coworker. We support victims by conducting an in-depth background investigation into individuals suspected of stalking to help determine the level of threat and also by helping to identify and collect evidence if needed.
Capturing Evidence is Key
One advantage we have today is that texts, emails, social media posts, etc. can be captured with a screenshot or, better yet, using a forensic preservation platform that makes them admissible as evidence in court. When requesting a restraining order or presenting evidence to the police, these captures represent important evidence of the stalker’s conduct.
Yet even with a mountain of evidence of stalking behavior, tying it to a specific perpetrator can be challenging. Due to the online anonymity and masking tools cited above, it may take a law enforcement search warrant or subpoena to a tech platform or mobile phone carrier, for example, to provide further evidence that someone is guilty of stalking. In some cases, the time and expense of hiring an attorney to make this happen may discourage a victim from even trying. The victim might also be a domestic violence victim who is afraid to make a police complaint. If a complaint is actually made, some law enforcement agencies say there is nothing they can do or are not equipped to handle such a case.
SPARC recommends that stalking victims take the following steps:
Trust your instincts: Even if friends and family tell you to downplay stalking behavior, your safety comes first.
Call the police if you feel you are in immediate danger: Be prepared to explain why you feel this way.
Keep a record or log of all contact you have with the stalker: Include any contacts with police about the situation.
Save evidence when possible: This includes all emails, texts, photos, voicemails social media posts, etc. from the stalker.
Connect with a local victim service provider: Identify local groups that can offer advice and help you with safety planning.
Stalking is a problem that isn’t going away any time soon, but with the steps above, and with the help of police and private investigators, victims do not have to feel helpless.