The Interconnected Nature of Gender and Sexual Violence Crimes: How to Build A Sexual Assault Case, VCSF 2012

Interconnected Nature
of Gender & Sexual
Violence Crimes
Building a Stalking Case

Agenda

• Introductions
• Context
• Law Enforcement Investigations
• Threat Assessment
• Safety Planning

© Margolis Healy & Associates, LLC

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@margolishealy
#vcsf2012


Peggy Klinke

• Pay attention to Patrick Kennedy’s legal
actions
• Fact patterns


Peggy Klinke

Lifetime Television for Women Video on
Peggy Klinke


Peggy Klinke

What did Patrick Kennedy do that was not
illegal?
• Waited outside work and gym
• Watched her
• Called her on cell phone
• Dozen roses and wedding ring
• 8x11 flier with disparaging comments

Peggy Klinke – Fact Pattern

• Peggy and Mark dated for 3 years
• Began stalking after breakup
• Mark Sparks
• ―Peggy is a Whore‖
• Patrick’s house on fire


Peggy Klinke – Fact Pattern

• Peggy reported everything to police
• Obtained Restraining Order
• She moved to CA
• Patrick checked guns in Albuquerque
• Pays PI to find her


Impact on Victims

―It’s going to take getting a bullet
put in my head before people
understand how serious this is.‖
Statement by Peggy Klinke made one month
before she was killed in January 2003


What is Stalking?

• Stalking generally refers to repeated
harassing or threatening behavior
putting another person in fear
• Experiencing repeated, obsessive, and
frightening behavior that made the victim
afraid or concerned for safety


Stalking is a...

Course of Conduct Crime
not
Incident Based Crime


Prevalence of Stalking

• Estimated 3.4 million people are stalked
annually
- Stalking Victimization in the United States, BJS (2009)

• 1 out of every 12 U.S. Women (8.2
million) and 1 out of every 45 U.S. men
(2 million) has been stalked at some
point
- National Violence Against Women Survey (1998)

• 13.1% of college women were stalked
during one semester of college
- The Sexual Victimization of College Women (2000)


Prevalence - Femicide Study

• 76% of femicide cases involved at least
one episode of stalking within 12
months prior to the murder

• 85% of attempted femicide cases
involved at least one episode of
stalking within 12 months prior to the
attempted murder

- McFarlane et al. (1999). ―Stalking and Intimate Partner Femicide,‖ Homicide Studies


IPV and Stalking

• 81% of stalking victims who were
stalked by an intimate partner reported
that they had also been physically
assaulted by that partner

• 31% were also sexually assaulted by
that partner
- National Violence Against Women Survey (1998)


Stalking Victims


Stalking Reported to LE
Reported to Law Enforcement
Reported to Law Enforcement
Campus Police
Campus Police
Municipal/Local/City Police/911
Municipal/Local/City Police/911
County Sheriff
County Sheriff
State Police

State Police
Other

Other
0% 20% 40% 60% 80% 100%

0% 20% 40% 60% 80%

Both On/Off-Campus Stalking Off-Campus Stalking On-Campus Stalking
© Margolis Healy & Associates, LLC - The Sexual Victimization of College Women (2000)

Gender of Offenders
Female Victims Male Victims

Female Victims Male Victims

Male Male
Offender Offender
67% 41%

24% 43%
Female
Female Offender
Offender

- Stalking Victimization in the United States, BJS (2009)


Stalking Suspects

• 94% of female victims were stalked by
men

• 60% of male victims were stalked by
men

• Overall, 87% of stalkers were men
Why is this relevant to a police
investigation??


Stalking on Campus

• Stalking incidents lasted an average of
60 days
• 30% of victims were stalked only off
campus
• 66% of victims reported being stalked at
least 2 – 6 times per week

- National Sexual Victimization of College Women Survey (2000)


Law Enforcement Response


Before we investigate…

• Complex, interrelated and underreported
violent crimes
• A Multi-disciplinary trained response is critical
for the effective investigation
• Policies enhance safety and accountability
• What is your message about gender/sexual
violence crimes on campus
• Who responds, what level of specialized
training do they have
• Is the response coordinated, compassionate,
objective and thorough = Professional


Before we investigate…
• Rapport, trust and reassurance
• Multi-disciplinary coordinated response
• Avoid trying to prove a hypothesis (my ―gut‖
tells me…)
• Strategy for a good investigation = examine
all the evidence and let it take you to the
truth
• Always approach a case believing that a
crime occurred… victims feel they won’t be
believed


Case Management Steps

• Reports & recognition of stalking
• Investigative challenges & opportunities
• Assessment, response & initial
Investigation
• Stalker assessment
• Interviews
• Threat assessment
• Safety planning

Reports to Law Enforcement

• 54% of femicide victims reported
stalking to police before they were
killed by their stalkers

• 46% of attempted femicide victims
reported stalking to police before the
attempted murder

LETHALITY


Recognition of Stalking

• Report of harassing behavior should raise
stalking flag for officer

• Check whether incident is isolated or
repeated conduct, although a mere report of
harassing conduct should be cause to assume
the likelihood of prior behavior

• If a victim expresses fear of suspect, these fears
should be taken seriously and inquiry should
be made to determine the origin of the fear


Recognition of Stalking

• Review checklist of common harassing
behaviors with the complainant
• Check for prior police reports and in
which jurisdiction(s)
• Determine whether family or friends
have filed reports related to the suspect
or harassing behavior
• Engaging in more than one incident of
harassing behavior should trigger
evaluation as potential stalking case

Case Study 1

John Doe (college age male) is caught
touching himself while watching a woman
shower in a residence hall. Upon
investigation, campus police learn that he
has been caught peering in windows, etc.,
at 4 women at other universities and
colleges in 4 other states.
What do we know?


Investigative Challenges

• Difficult to identify / officer misconceptions
• Criminal acts in multiple jurisdictions (police,
law enforcement, victims)
• Multiple victims?
• Ongoing crime w/ varying activity levels over
several years
• Few witnesses & little evidence
• Technology
• Police response cannot guarantee it will stop
BUILD THE CASE

Investigative Opportunities

• Stalking is a course of conduct (ongoing, long-
term crime)

• Same victim, offender, locations?
• Suspects often confess (they want to tell you
how/why they are being misunderstood)

• Police understand stalkers...
• Technology


Assessing the Complaint

• Gathering basic information: personal data,
prior stalking.

• Once stalking is suspected, gather pertinent
information: other incidents, threats to victim,
reaction of victim to behavior.

• Relationship: how much does stalker know
about victim?


Elements of an Effective
Response

1. Early identification & intervention (safety
planning)
2. Threat assessment & investigation
3. Responding to technologies
4. Training
5. Relationship between law enforcement agency
and:
- Other Law Enforcement Agencies
- Community Resources
- Prosecution

Case Study II

A female student changes residence hall
floors in the same building. She notices
that the clock radio in the bathroom on the
5th floor is the same, unique looking clock
radio that was in the bathroom on the 2nd
floor, where she used to live.
Suspicious, she calls campus police…
What do we know?


Stalker Assessment

• Prior threats
• Actual pursuit of victim
• History of crime and violence, mental illness,
drug abuse, protective order violations
• Tendency toward outbursts
• Possession, knowledge of, fascination with
weapons


Investigate the offender

• Offender’s history/background
• Social circles for similar, other victims,
interrelated crimes / conduct
• Social media, pre and post stalking
messages/calls
• Develop suspect interview strategy…
• Tie in offender behavior, background, anti-
violence prevention education


Stalking Assessment

• Annoying phone calls, text messages, etc?
• Unsolicited correspondence?
• Location patterns?
• Threats of homicide or suicide?
• Acts of vandalism or arson?
• Is victim in fear? (document observations and
statements)


Victim Interviews

• Document demeanor & emotional state
• Ascertain level of fear– is it consistent with
stalking behavior directed at them?
• Is there more to the case than you are
hearing?
• Avoid passing judgment
• Negate self-blame
• Make available support services


Suspect Interview

• Interview (stalkers like to talk)
• Control the interview
• Document demeanor & emotional state
• Document, document, document
• Miranda, when applicable
• Avoid passing judgment


Threat Assessment

Every professional at every stage of a
stalking case must be constantly assessing
the threat


Threat & the Status Quo

A change in the status quo raises the threat.
Risk is high when:
- Protective order is served
- Following arrest
- Trial date approaching
- Upon receipt of ―no contact‖ letter from
victim
- Following any contact with law enforcement
- Stalker loses job


Threat Assessment

• How well does suspect know victim?
• Is victim in fear? Why? Victim’s family,
friends, coworkers?

• Is victim naive about the danger?


Threat Assessment

• Develop a timeline of stalking events
• Look for escalation
6/6/11 6/8/11 6/12/11 6/15/11 6/20/11 6/25/11

Showed up at
gym Parked across Cat
Threatening street all night
call poisoned
Dead roses

letters


The next phase in the violence relationship...


―Please don’t do this to me‖


Stalkers don’t just go away

This is the address of
the jail.

This was addressed to
the victim

Using children as agents to
stalk

Note to child to give to Mommy

Ways we can strengthen
cases

• Empower victim to play an active
role in investigation
• Document, document, document
• Investigate stalker’s past (other
victims, acts, cases, witnesses)


Advantages of Charging
―Stalking‖

• To prove a Course of Conduct, the state
may introduce evidence that would
otherwise be inadmissible
• If viewed within the correct context of the
law, stalking statutes can criminalize
seemingly benign behaviors
• When properly investigated and charged
aggressively, stalking cases can save
lives


Important to Remember...

• Any type of crime or any type of
noncriminal act directed toward
the victim can be part of a
stalking case
• The law criminalizes non-criminal
behavior


Safety Planning

• How might safety planning in
stalking cases be the same as
safety planning in IPV/DV
cases?
• How might it be different?


Safety Planning – Goals

1.Reduce risk of encounters with
the stalker
2.Create contingency plan for what
to do if the victim does encounter
the stalker


Safety Planning - Guiding
Principles

• The victim is responsible for her own safety

• Law enforcement can provide the tools to protect
herself/himself

• Victim must be proactive in planning for his/her
safety

• Safety planning is case specific


Strategic Considerations

• Safety planning begins at initial contact through
duration of case
• Communicate regularly with victim
• Keep victim actively involved in safety planning
• Safety plan must continue to focus on what victim
feels will work
• Assess victim’s environment—home, work,
school, routines
• With criminal charges, keep victim apprised of
case/defendant status, and release (when
applicable)


Strategic Considerations

• Encourage victims to report new offenses, and
fully inform victim of actions and reasons for
them
• Be prepared to intercede for victim if planning
puts victim’s job in jeopardy
• Activate victim’s social supports
• Involve children in planning process
• Victim should carry cell phone (and battery)
• Discourage victim from contacting stalker

Safety Planning – Innovative
App

• Stalking Sacks
• Victim & Offender Books
• Flyers
• Support Groups


Things to remember…

• Focus on the victim
• Ask victim how she interprets the
behavior (might not seem threatening to
you or me, but to her…)
• If victim senses she is in danger… LISTEN!
• If the victim OR YOU suspect that the
stalker/abuser has too much ―inside‖ info…
he probably does!


4 things to always strive for

1. Making victims feel it is safe &
appropriate to report stalking
2. Recognizing stalking when we
encounter it (even if the victim doesn’t)
3. Making victims safer from stalkers
4. Policy connection


Resources

• Stalking Resource Center
(www.ncvc.org/src)
• National Higher Education Center
(www.higheredcenter.org)
• www.MargolisHealy.com

© Margolis Healy & Associates, LLC 68
6

Contact

Dr. Gary J. Margolis
gmargolis@margolishealy.com
1-866-817-5817


The Interconnected Nature of Gender and Sexual Violence Crimes: How to Build A Sexual Assault Case, VCSF 2012

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