Stalking: Types and Methods
Stalking is the practice of repeatedly engaging in actions aimed at a specific person or people with the intention of closely and covertly observing their movements. (Baum, 2011). It can make a reasonable person worry for his safety or even experience emotional distress, as Baum (2011) goes on to further explain. Different types of stalking constitute a violation, and the targets are not always in direct bodily contact with the stalkers. (Baum, 2011). Given the perpetrator's mental need, it may last for many years. The history of the stalker and the victims' relationships is a common factor in many stalking instances. Noticeably, stalkers use different methods to instill fear on the victims such as; unwanted calls and or text messages and emails. They also at times follow the victims wherever they are, or threaten to hurt a family member, a friend or the victim's property such as his car. In the contemporary world, they use technologies such as GPS to track the victims. Several reported instances have also involved the perpetrators hanging out or driving around the victim's home, workplace, or school (McEwan, Mullen, & MacKenzie, 2009).
The Case of Intimate Stalking
The type of stalker typified in this case is a RECON typology and more specifically an intimate stalker. Intimate stalking involves people who have been in an intimate relationship at one time. Such relationships could be in the form of marriage, dating, cohabiting, or just sexual relationships (Baum, 2011). The friend in question has admitted that the stalker was actually her ex-boyfriend with whom they had broken up two months ago. This is a clear indication that the lady and the stalker are acquainted to each other and prior to their break up, they had an intimate relationship.
Characteristics of an Intimate Stalker
The other consideration for which this scenario can be deemed as that of an intimate stalker is the behavior and the motive of the stalker. Markedly, intimate stalkers tend to be violent and aggressive; they insult their victims, threaten them, and, in extreme situations, physically abuse them. They are also in frequent contact with the victims because they are acquainted to them. Their behavior towards the victims tends to increase in frequency. The ex-boyfriend probably knows where to find his friend; he knows her school and the club she attends. Besides, he has her contact number. His violent nature also justifies his status as an intimate stalker.
Contacting the Police
The victim in this case should contact the police as, essentially, stalking is a criminal act under the laws of the federal government, the District of Columbia, and in all of the fifty states. This gives my friend a right to report any act of stalking to the police. The police would then take appropriate action in prosecuting the perpetrator considering the laws of the state (Garvin, & Beloof, 2015). The stalking in this case can be said to be a felony which is still a criminal act under the law though there is no evidence linking the perpetrator to causing fear using a deadly weapon or a violation of court order (Garvin, & Beloof, 2015). The victim should report her stalker to the police so that the police are made aware of the intentions behind her ex-boyfriend's frequent hang up calls and frequent follow-up.
Besides, the victim has enough evidence to prove the fear element caused by the stalker's frequent hang-up calls and the frequent follow-up at school and social places (Baum, 2011). The prosecution can actually get the time the calls were made by the stalker as evidence. This can also prove the stalking actions are targeted at her. Considering that the law requires the stalking victim to prove that she or her immediate family member is in danger (Garvin, & Beloof, 2015), it will be proper to provide evidence to prove that she is ideally concerned for her life, which she can effectively prove. As an ex-lover, the stalker's intention is probably to cause fear to the lady so that she does not get into any intimate relationship, or to make her go back to him. Such intentions may be hard to prove, but my friend definitely has a strong case against the stalker and she is likely to succeed in the court of law.
Officer Smith's Testimony in the Trial
Officer Smith is justified to testify in the trial of James that Janice told him that James would kill her. The first course of action against James is the element of assault. Mr. James had earlier on assaulted Janis during their fight and he went further to issue her with death threats. For Officer Smith to succeed in this, he must prove all the elements of assault as follows;
Elements of Assault
Officer Smith must prove that the act was intended to create reasonable fear or danger to the victims. Considerably, mere words without actions do not necessarily amount to assault. Looking at the case at hand, James had assaulted Janis by punching her and issuing further threats of killing her indicated his ability to carry out the threat of killing. James's acted purposely to cause fear.
Officer Smith must also show proof of reasonable apprehension. In this regard, he must prove that the victim (Janis) had reasonable belief that she would be harmed by the defendant. The victim must also perceive James's act. In this case, Janis had reasons to believe that James would kill her considering the fact that he had fought her and threatened to kill her. Any reasonable person would be in fear if they were in Janis's situation.
Smith must also prove eminent harm. Janis experienced fear as a result of the death threat and reported it to the police. In this case, eminent danger as a result of the death threat is very evident, and the threat also presents physical danger to the victim.
The Officer must also prove that the defendant's conduct was either offensive or harmful in nature. Considering the case at hand, James had earlier punched Janis, thereby causing harm to her. He also went further to issue her with death threats. The victim had sufficient proof to believe that the defendant could actualize his threat. With all these evidences, Officer Smith can testify in the trial of James that Janis told him that James would kill her.
Options for the Police in this Situation
The first option that the police have in this case is to sue James for damages and press murder charges against him. Having obtained sufficient evidence linking James to the murder of Janis, the police can sue him for killing Janis. Prior to her death, the victim had made the police aware of the fight that resulted in an assault; she had also brought to the attention of the police the death threat from James. With the evidence of assault, battery, and the threat to kill the victim, the police can sue James for the murder of the victim.
Another option the police have is to sue James on behalf of the deceased family for the recovery of damages that were caused by James's crime. The damages may be awarded for financial, physical, and emotional injuries that the family of the deceased has suffered as a result of assault and the subsequent death of the victim (Neubauer, & Fradella, 2015). The amount to be compensated will basically remain the decision of the judge considering the magnitude of the damage caused by the perpetrator's conduct. The damages can be recovered for the current injury and for the losses expected in the future.
References
Baum, K. (2011). Stalking victimization in the United States. DIANE Publishing.
Garvin, M., & Beloof, D. E. (2015). Crime Victim Agency: Independent Lawyers for Sexual Assault Victims. Ohio St. J. Crim. L., 13, 67.
McEwan, T. E., Mullen, P. E., & MacKenzie, R. (2009). A study of the predictors of persistence in stalking situations. Law and human behavior, 33(2), 149.
Neubauer, D. W., & Fradella, H. F. (2015). America's courts and the criminal justice system. Cengage Learning.
