Annotation: The aim of this paper is to clarify the mutual interaction between the perpetrator and the victim of the criminal act of dangerous pursuit, the so-called "stalking", generally considered a specific variant of violence, the main feature of which is the obsessive fixation of a known or unknown perpetrator on a certain person, whom he subsequently harasses and shows him unsolicited and unwanted attention. Stalking is considered a relatively modern phenomenon and is discussed as an open problem discusses primarily from the point of view of criminology, criminal psychology and criminal law. Stalking as a socio-pathological phenomenon was enshrined in our legal system in the form of the crime of dangerous stalking, when the Slovak Republic was included among the countries where dangerous stalking is criminalized and classified as a criminal offense. stalking, from the point of view of forensic - psychiatric assessment of the perpetrator and the victim of this crime.
Annotation: The aim of this is to clarify the mutual interaction between the perpetrator and the victim of the criminal act of dangerous stalking, the so-called stalking, generally considered a specific variant of violence, the main feature of which is the obsessive fixation of a known or unknown subsequent perpetrator on a certain person whom he harasses and shows unsolicited and unwanted attention. Stalking is considered to be a relatively modern phenomenon and as an open problem it is addressed primarily from the point of view of criminology, criminal psychology and criminal law. Stalking as a socio-pathological phenomenon was enshrined in our legal order on September 1, 2011 in the form of a criminal offense of dangerous stalking, when the Slovak Republic was included among the countries where dangerous stalking is criminalized and classified as a crime. As the issue of the criminal act of dangerous stalking is very extensive and can be examined from several aspects, we focus more closely on stalking, from the point of view of forensic - psychiatric assessment of the perpetrator and the victim of this crime.
1. Definition of the term stalking
Victimologically, an interesting crime is the crime of dangerous stalking, the so-called stalking, the essence of which consists in the long-term, systematic and frequent occurrence of psychoterror committed by a known or unknown perpetrator. The real motive for stalking is the search for contact with a close person, gaining control over the victim and, last but not least, the perpetrator's decision to destroy the victim's well-being, i.e. mental and physical health.
Among the first experts investigating the phenomenon of dangerous stalking is the American forensic psychiatrist Park Dietz, who, following the assassination of President Ronald Reagan by a stalker, was commissioned to develop a study whose aim was to find out whether signals indicative of future violence by the stalker can be detected in letters addressed to public figures.
Stalking is considered a crime of the 1990s of the 20th century, because in this period the phenomena of stalking attract a more significant interest of experts, which was provoked by real cases of stalking of celebrities, suffering from unwanted and harassing attention of their admirers.
As for the origin of the English word stalking, in the language of hunters it meant ,,tracking, or stalking hunted animals to death." From the point of view of criminology, stalking is defined as the intentional, arbitrary pursuit and harassment of another person, which reduces the quality of life and threatens his safety.
Its direct consequence is a serious violation of the victim's privacy, personal freedom and human dignity, while in more serious cases such dangerous persecution can damage the victim's mental and physical health, or even endanger his life.
Stalking can therefore be broadly characterized as persistent and excessive harassment of another person with displays of unsolicited attention, basically either through alleged or real admiration, or felt anger or revenge. However, the motivation of the perpetrator can be different, ranging from a reaction to rejection to financial gain. Stalking occurs between people who have or had real relationships (intimate, work, neighborhood), but also between people who have never met (stalking of celebrities, politicians). 1
2. Typical behavior of stalkers
The behavior of stalkers is quite diverse in terms of phenomena. The stalker can use illegal means (for example, destruction of other people's things, slander, fraud), but also legal and generally harmless procedures (sending letters or gifts, making phone calls, etc.). Individual activities by themselves do not yet constitute dangerous pursuit, because the overall composition and especially the chaining of these activities is important.
Attempt to contact via communication means The current lifestyle creates very suitable conditions for stalkers, as means of communication provide quite undemanding and simple options for harassing the intended victim. The pursuer can trample her systematically and without much investment. It is clear from general judgment that the number of phone calls or other contacts without a proper material reason and without being requested, even against the will of the victim, exceeds the tolerable limit. More subtle ways of the perpetrator's behavior include placing written messages on the victim's desk, behind the windshield wipers, or even directly in the victim's vehicle. This group of behavioral activities also includes sending various things or less symbolic objects, or leaving them near the victim. Contact attempts usually also include intimidation and threats, but their content can even be neutral messages or words full of love and admiration.
Searching for the physical proximity of the victim, stalking Observing or guarding the victim's residence, standing in front of his place of work or demonstrative presence in places where the victim spends his free time are typical manifestations of stalkers.
Defamation, devaluation, coercion and psychological trampling In only half of the cases of persecution, the perpetrator resorts to name-calling and false accusations. It is quite common, for example, to publish the phone number of the victim, saying that he provides sexual services over the phone or submitting a false ad to any advertisement. This group also includes all activities of the persecutor, by which he wants to put the victim under pressure. It can be damage to her property (puncturing the tires of a vehicle, storing waste on her property), intrusion into her privacy in order to steal certain symbolic things (photos, personal photos, underwear). For example, attacks against domestic animals are also strange.
Third party contact attempts This style is referred to as ,,stalking by proxy" and we register it in about a third of stalking cases. The perpetrator convincingly manipulates his surroundings and sometimes the victim's surroundings as well. He convinces her, for example, that he is actually the victim of the stalking. The surroundings then organize a mutual meeting, convince the victim to be reasonable or inform the stalker about the real victim's intentions.
Physical violence There are different opinions among experts about what can be included under physical violence during stalking. Several experts on physical violence consider stalking to be persistent pounding or kicking at the door, others work with a stricter definition and consider physical violence to be, in particular, assaults on persons and sexual attacks, including rape. Violence in the form of physical attacks almost always moves stalking from the category of lighter cases to more serious cases. Wounds, kicks and punches are usually perceived as a signal of increased threat to the victim. A serious physical attack with a weapon or strangulation can occur suddenly even in situations where the victim has previously managed to avoid an encounter with his persecutor. The stalker also threatens his victim by using a motor vehicle.
The peculiarity of extreme physical violence is its prior notification, which consists in the fact that the persecutor resorts to the so-called notice, which means that he informs his victim beforehand what he wants to do. He announces even the most serious crimes, such as murder, and quite openly announces when he will carry it out and how he will carry it out.
Cyberstalking Cyberstalking is a special form of stalking. This term was used for the first time by Deirmenjian and he characterized it as stalking in cyberspace, i.e. stalking via the Internet. Cyberstalking mainly includes:
- Sending harassing emails
- Negative messages about the victim in various chat rooms
- Unsolicited presentations of the victim in various places in the Internet space
- Threatening via the Internet, electronic sabotage (turning on the computer, spying on the victim's computer, stealing electronic data, etc.)
The Internet provides really extensive opportunities for stalkers to anonymously, long-term and systematically trample on the intended victim. The perpetrators are mostly men, but the role of the victim is mostly women. Even with cyberstalking, it is more likely that the stalker and his victim know each other from the real world and have previously had a close or intimate relationship. On the other hand, it is attractive to a wider range of stalkers because it is readily available. Without much cost and investment, it allows you to terrorize the victim continuously, even at a great distance.
3. Types of stalking
Persecution is now seen as an umbrella term that includes different kinds or types of this complex phenomenon. Subsequently, we will provide its breakdown into several clear variants. In the first step, most experts differentiate stalking into:
- persecution of loved ones
- persecution of strangers
Stalking, which takes place within an existing or terminated partnership, or outside of it, can be committed in varying degrees of intensity. Persecutors strive to maintain power and control over the victim. When they fail to get the victim back into their possession, they deliberately terrorize the lost partner to make his life as uncomfortable as possible. However, if the stalker targets a stranger, he is not really interested in her, because he does not actually know her from direct contact. Rather, the motive is an image that the pursuer has created in his mind. For example, it can be attached to a person from the workplace or residence, but also to complete strangers known rather from the media.
Another criterion for differentiating different forms of stalking is its severity and intensity The intensity variants range from simple harassment, through repeated violations of the victim's personal sphere to dangerous persecution, which includes endangering the victim's health and life.
R. Löbmann divides stalking according to its intensity into two complexes:
- Mild or mild, referred to as harassment
- Heavy, aggressive, referred to as dangerous pursuit
While the first mentioned form represents unsolicited attempts to contact through correspondence, telephone calls, surveillance, the second manifests itself by gross name-calling and threats to the victim, including the destruction of his property and attacks on his health. Women often resort to mild stalking. Severe stalking is exclusively the responsibility of men. A typical persecution lasts approximately twenty-five to twenty-six months, but there are also known cases of persecution lasting up to ten years.
Other studies look at stalking by the type of relationship that existed or still exists between the stalker and his victim. According to empirical findings, stalking appears most often in the following types of relationships:
- Personal relationships (love and partner relationships, but also neighborly relationships)
- Employment relationships (an employment relationship and a professional relationship are more closely distinguished, for example a former customer or client as a stalker)
- Media-mediated relationships (persecution of media-known personalities)
Research focused on the perpetrator's motivation answers the question of why the phenomenon of persecution appears in these relationships at all. According to Mullen, we can identify five main motivation patterns in the stalker:
- Reaction to rejection
- Searching for intimacy and closeness at any cost
- Venting of hostility and hatred
- Persecution due to lack of competence to solve the situation differently
- Pursuit as a result of predatory (attacking) aggression
Fiedler also arrived at a similar classification, distinguishing the following motivational patterns or context of stalking:
- Renewal of former relationship
- Desire or desire for an intimate relationship
- Lack of social skills
- Displeasure and malice towards the victim
- Sexually motivated stalking
The stated motivation patterns are especially important when dealing with a stalker. For example, criminals who seek intimacy and closeness at any cost are often mentally disturbed. Some are motivated directly by an obsessive desire to establish a relationship with the desired victim, while others, in the context of their disturbed personality, are deeply convinced that stalking will lead to their success. Some individuals from this category also suffer from serious mental disorders of a psychotic nature. However, legal measures are not very effective or ineffective against them. Instead of police intervention, timely cooperation with a psychiatrist is in order.
4. Perpetrators of stalking
Within the Slovak Republic, we hardly ever come across research on stalking or stalking, but the opposite is true abroad. Since the beginning of the nineties, empirical studies have been appearing that describe and explain various aspects of this societal problem.
The investigation of perpetrators is one of the most frequent interests of experts from several fields. Various psychological studies try to capture which character traits are typical for the perpetrator, so that we can understand them also as a personality background that facilitates the emergence of dangerous persecution. From the methodological point of view, most studies retain their classic design. A group of stalkers is subjected to several psychological tests, common characteristics are sought, and the results are usually compared with a control group.
So far, the most famous typology of stalkers was developed by Boon and Sheridan, who were based on a detailed analysis of 124 cases of stalking. In addition, both authors used their rich experience with stalking in it. Subsequently, I present at least a brief description of individual types of stalkers, which I supplement with recommended procedures and solutions.
Harassment by an ex-partner, the so-called domestic stalker Up to 50% of all cases involve persecution by an ex-partner. On average, ex-partners are more violent than unknown persecutors, or stalkers who know the victim but had no intimate relationship with her. So far, one of the strongest predictors of violence appears to be the persecutor's ties to previous domestic violence. The motivation to pursue stems from an earlier relationship. The persecutor feels like a rejected partner and is tied to the past in his experience. He is dominated by feelings of hatred and hostility towards the victim. It is difficult for him to bear the success of the victim after breaking up with her. It is this emotionality and orientation to the past that makes it diametrically different from the so-called a sadistic stalker who is focused on the present and whose violence is cold and calculated. 2
In response to these findings, the issue of persecution by a former partner is singled out as a specific problem that requires specific approaches for the analysis and assessment of a specific case. In the case of ex-partner stalking, it is necessary to assess the origin, development and especially the way of ending a specific relationship. Some victims avoid direct communication about ending the relationship, for example, they only send a text message, move out without a single word, or choose seemingly gentle ways to end the relationship, which the future stalker perceives as hope. Clear, transparent and correct ways of ending the relationship on the part of the future victim allow and condition the conclusion that this is ex-partner stalking, which, depending on the intensity and duration, we can eventually prosecute precisely as a criminal act of dangerous stalking. 3
Persecution by a crazed (incompetent) admirer, the so-called infatuation harassment The incidence of this phenomenon is around 18%. According to age, a young admirer and a middle-aged admirer are distinguished. Phenomenologically, the target of persecution is the idol rather than the victim. The idol is the center of the offender's experience because it dominates his fantasy. Although the stalker strives for contacts with the idol, there is no increased risk of physical aggression. In the case of the young admirer, psychological counseling and psychological intervention is recommended, which involves gradual and careful steps that would lead to a change in his cognitive perspective. For middle-aged admirers, basically the same procedure is applied, which is also supplemented by the interruption of any physical contact with the victim.
Stalking by "crazed admirers" represents a softer variant of the phenomenon, which takes the form of harassment due to alleged infatuation. The target of interest is an object of love rather than a threatened victim. The stalker does not plan to harm and hurt the chosen person, as his behavior includes elements of adoration, admiration and love infatuation. It is not about control, revenge or a sadistic desire for absolute control over the victim. The obsessed worshiper is oriented towards the future, longs for a romantic relationship with the intended victim, and an idealized image dominates his experience, because the beloved being is present everywhere.
Fixed stalker with mental disorders According to the danger, two subtypes of fixed stalkers are distinguished, namely a less dangerous fixed stalker and a fixed stalker with increased danger. A less dangerous fixated stalker focuses on women with whom he comes into contact, for example colleagues or clients. He suffers from a personality disorder and psychopathy. He lives in an illusory idea of the reality of an ideal relationship and feels that the victim wants contact with him. However, contact with reality is maintained. He rarely resorts to strong threats, but excels rather in his ability to manipulate. Even in this case, it is recommended to completely stop contact between the stalker and the victim.
The second subtype is the fixated stalker with increased danger, which is characterized by a more severe degree of psychological disturbance (for example, borderline or episodic schizophrenia). It is more than likely that he was already in the care of a psychiatric facility for his problematic behavior. In his anamnesis there are sexual conspicuousness and aggressive manifestations. He bombards the victim with contact attempts and is erratic in his behavior. It appears at irregular time intervals in different places. Typical victims are women, but also men who have a higher social status, such as celebrities, or important and attractive persons in a certain local environment.
Sadistic Stalker The dominant feature of a sadistic stalker is to control the victim's life, a tendency to escalate control and intimidation is noticeable, while the perpetrator proceeds with a noticeable emotional coldness. The perpetrator perceives even his surroundings as psychopathic personalities. Towards the victim, expressions of violence and kindness alternate, and the victim thus loses the ability to orient himself. Sayings like "we will die together" are typical.
It is necessary to immediately isolate such a victim from the stalker, it is even necessary to conceal her whereabouts, because the perpetrator tends to seek her out again and gain complete control over her. The sadistic stalker is characterized by dexterity in communication, excels in manipulation and creates a good impression on the public at first glance. But in reality, he is self-centered, fake, arrogant and superficial. He has low emotionality because he does not know remorse or guilt. His behavior is parasitic and irresponsible. Perpetrators are mostly men, both genders can play the role of victim. At the same time, the stalker's obsession grows continuously, because he is interested in maximum control over the victim. A stalker is usually looking for a positive, friendly, cheerful person who is successful in life. From his point of view, such a person meets all the criteria for him to destroy her. The persecuted person knows the stalker only superficially, for example they live next to each other or only have work contact.
In the initial phase, the stalker presents himself as a friendly person, but his activities are subsequently directed towards negative goals, namely to disturb the victim or deprive him of vital energy. At first, the sadistic stalker chooses subtle methods and gives signals that "he is here". He leaves messages for the victim, for example, in a locked car or on a work desk. Other times, he first damages her vehicle and then suggests that she repair it. The aim of his activities is to weaken the victim psychologically and demonstrate his power over her. He also uses the victim's family and her friends. In the developed phase of the stalking, he threatens the victim. Another typical sign there is a period of apparent lull where the stalker ends and then starts again.
Solving cases with a sadistic stalker is very difficult. Confronting him does not lead to any change in behavior. He usually proceeds very smartly and tries to minimize the risk of criminal prosecution, because he even knows his way around the judiciary, and thus proves that no one is against him. A combination of punitive and therapeutic measures is generally recommended in these cases. 4
5. Psychopathological characteristics of stalkers and their forensic - psychiatric assessment
In cases where it is a deliberate activity, the motive of which is known, stalking is mainly committed by individuals who suffer from personality disorders. Most often, these are personalities with dissocial, paranoid, narcissistic, schizoid, obsessive or emotionally unstable characteristics. It is based on the assumption that an individual with a personality disorder has his cognitive apparatus intact and is able to judge that the act does not correspond to social and ethical standards. Even the basic mechanisms of behavior regulation are preserved in personality disorders, so there is no reason to admit a significantly reduced ability to control actions. A minor reduction can be accepted if the act is related to a strongly emotionally charged belief. However, it is necessary to realize that even an individual with a personality disorder can become mentally ill, and that is why it is always essential to take into account the individual circumstances of each case.
Persecution in stalkers suffering from sexual deviance is directed towards the goal of satisfying their own deviant sexual desires. In forensic assessment, it is important that sexual deviation does not change the ability to recognize the nature of one's actions. Although the ability to control deviant urges is the same as the ability to control normal sexual urges, in forensic-psychiatric practice there is a convention that if deviance in the true sense of the word is confirmed, the assessee is granted a substantial reduction in control ability. Thus, the experts provide the court with the basis for ascertaining the state of diminished sanity. In this way, it will be possible for the assessed offender with sexual deviation to undergo protective sexological treatment.
A different situation occurs with stalkers who suffer from one of the spectrum of psychotic disorders, in which the most common motivation for their behavior is erotomaniac delusion. If the crime is committed during an acute attack of psychotic disorder and is morbidly motivated, during the forensic-psychiatric assessment, the perpetrator is usually recognized as having lost recognition and control abilities. Protective psychiatric treatment is necessary for these offenders, mostly in an institutional form, which, in addition to therapeutically influencing the condition, also leads to the interruption of contact between the stalker and the victim. In the short term, however, stalking can also appear as a reaction to experienced severe life stress (most often divorce, separation), even in persons who do not suffer from any diagnosable psychological disorder. 5
6. Victim of stalking
Anyone can become a victim of stalking, regardless of age, gender, social status, cultural background, appearance or sexual orientation. From a statistical point of view, a typical victim is rather a single person living without a partner or a person shortly after a breakup. According to some experts, the victim often has a tendency to submit and passive submission in relationships, so it is more difficult for her to clearly and convincingly tell a suitor or an ex-partner that she is not interested in contact.
Stalking is a special case from the point of view of victimology, because it is not a one-time act with which the victim gradually copes. Stalking entails multiple and ongoing victimization that is made up of a number of small incidents. The risk that other activities will follow is significant, because the victim feels permanently threatened. For most victims, it is not a question of criminal prosecution or sanctions against the stalker, because their personality is focused primarily on restoring the broken relationship.
Persecution begins at the moment when the victim, through his own diagnostic judgment, comes to the conclusion that he perceives the persecutor's efforts as unwanted and unsolicited. Unsolicited expressions and interests become stalking to the extent that the victim comes to believe that the stalker is invading, violating, and gaining control over her privacy. It is very difficult for the victim to distinguish harmless manifestations of interest and unsolicited attention from dangerous manifestations. From the victim's point of view, predicting the development of further events is impossible, because the victim is forced to wait for what will happen next. Many victims, for example, have the urge to constantly look back and see if the stalker is somewhere nearby.
Therefore, some experts speak of a spiral of stalking, which includes three repeating phases. The first phase is characterized by the stalker's own activity (sending an SMS, a phone call, a letter), which causes fear in the victim and brings him considerable stress. It slowly subsides and the second phase opens, in which a certain calming occurs and the victim recovers from the shock. However, this stage does not last long and the third stage comes, which is dominated by unpleasant expectations and fears about the next action of the stalker. The stress level increases again in the victim's experience.
As a result of the fact that we can hardly anticipate the behavior of the stalker, the victim very quickly reaches the third phase, in which he experiences stress, fear and helplessness, because he does not know what will follow next. The victim thus gets into a state of permanent concern, fear and heightened attention associated with restlessness and suspicion. The stalker completely controls their lives. 6
The question of whether there are persons who are more prone to become victims of stalking is a source of confusion for many experts. Although on the one hand we could say that the victims have themselves to blame for their problems, on the other hand it is obvious that there is a higher risk of victimization, for example, for publicly known persons, where the so-called of the stalking of celebrities. However, in contact with "ordinary" victims of stalking, it turns out that there is a certain subgroup of victims whose characteristics probably support the emergence of stalking. Even the first studies of stalking from the mid-1980s registered several of the same characteristics in some interviewed women who were persecuted by their ex-partners. These victims gave the impression of extreme kindness and friendship, who had a harder time expressing their negative opinion towards men and The well-known security expert de Becker expressed his opinion about victims and perpetrators of stalking quite forcefully, saying that: "Men who can't let go choose women who can't say no."
Thus, the question comes to the fore: when does a person start to feel like a victim of stalking and when does the perception of a victim arise? Empirical research shows that victims have different frustration tolerance. The so-called ** also works here. gender effect,** which means that women usually feel more threatened than men. The perception of the victim is most often associated with a feeling of threat and fear at the moment when the harassed person begins to realize that he cannot influence or stop the activities of the persecutor. In the framework of validation, the victim tends to believe that the stalker is influencing her life against her will, or is gaining power and control over her victim. 7
7. Approaches to solving stalking
Stalking represents a complex psychological and social event, behind which various motives, emotions, behavior, interactions and also various variants of psychopathology are hidden. Case by case shows different dynamics. Considering all these aspects, it is clear that there cannot be a single strategy that we can apply universally to all cases of persecution. There are various intervention options to stop stalking.
The main victim strategies that we can use to support the end of stalking are: Consistently ignore contact attempts. The victim must clearly and convincingly tell the stalker that they do not wish to have any contact with him. The wording of the refusal must be reasonable from the stalker's point of view. Persecutors tend to distort reality based on rationalization and idealization. An example can be a warning: "I can't be with you, I have a boyfriend." For the stalker, the logical conclusion is that if she didn't have a boyfriend, she would be interested in me. In order to refuse contact, it is necessary to persist in zero reaction. A fairly common mistake is inconsistency on the part of the victim, who persists for a long time in blocking the contact attempt, but finally cannot stand it and after the phone rings several times, picks it up anyway. For a stalker, this is a kind of encouragement. It is necessary to warn the victim before being invited to the so-called last date because it's just a false promise that the stalker will never keep.
Avoid the encounter and get out of the stalker's way Advising the victim to avoid the stalker is considered unfair by the victimized person, because it seems unfair to them that they have done nothing wrong, and yet they have to change their usual life habits. A change in life habits almost always means the interruption of original contacts and other substantial social restrictions. This is where the rule of pragmatic approach applies.
Stalking to document The first reaction to another letter, SMS or e-mail is usually the impulse to destroy such a message. However, this is a flawed procedure, as the correct strategy is to document and archive all stalker activities. All activities of the stalker should be documented, for example, attempts to find the victim at his workplace, standing in front of the residence, etc. Photo documentation is even recommended for destroyed items. The information collected in this way is valuable not only for possible legal proceedings in the matter, but is also essential for assessing the risks of further escalation.
Publish stalking, inform the neighborhood about it Victims of persecution should not hide information about what is happening from those around them, even at the workplace. Timely disclosure of stalking in private and work environments increases the victim's protection options and even prevents the stalker from manipulating his surroundings. He has the opportunity to do this especially when he is the first to provide false information that something is happening around the persecuted person. Since the first information effect applies, it is subsequently very difficult for the victim to refute the falsehoods stated by the stalker. From the victim's point of view, early informing the surroundings is an offensive strategy that usually strengthens their sense of their own power and competence.
Seek help and supportSeeking help and support is also considered an active strategy that alleviates states of passivity and helplessness. Lay and professional help should primarily lead to dispelling false myths about stalking. The victim's ideas that it is his fault or that nothing can be done about it are characteristic of a victim in social isolation. Help and support from the outside provides the victim with objective views of her feelings and strengthens her resources for finding suitable solution strategies. 8
Conclusion
Stalking is a current topic that, despite the high risk, is often underestimated and not given enough attention. The interaction of the perpetrator with the victim raises a series of questions that must be dealt with subsequently when assessing each crime ex post. The relationship between the personality of the victim and the perpetrator of the crime is a specific form of interaction, because it is not a one-sided process, but a process in which there is feedback and assessment of any crime, not just the crime of dangerous stalking, without this fact it would be neither professionally correct nor fair.
Author: JUDr. Alica FedorováUPJŠ in Košice, Faculty of Law, external doctoral student, Department of State History and Law
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