Topic B - Forensic Issues > Section B.7.0. Forensic Issues > Unit.B.7.4. Harassment/Stalking

Lectures
Focus Points | Forensic Presentations | Forensic Case Study | Forensic Experts

 

Unit.B.7.4. Harassment/Stalking

Australia
focus points
"In the last decade stalking has emerged as a significant social problem, which now constitutes a specific form of criminal offence in most English-speaking nations. This paper examines why stalking has become a major social problem and why it should be of particular concern to mental health professionals. Method: Using the extant literature, the history of the emergence of stalking as social, legal and behavioural science discourses is presented. An attempt is made to understand the social and cultural forces which shaped our current understanding of the phenomenon of stalking. Results: Stalking flourishes in a variety of contexts; the social conditions conducive to such behaviour include greater instability in intimate relationships, a culture of blame and entitlement and a growing social anxiety that emphasizes vulnerability to crime and suspicion regarding the intentions of strangers. Stalking is now an established category whose utility is in directing social, legal and health energies to support victims and relieve stalkers of their burden of pursuit. Conclusions: Stalking is a curious construction born of a range of tensions in contemporary culture but has proved to be a useful label and a useful concept. In part due to the emergence of the concept of stalking, laws are now available to protect, and services increasingly geared to support, the victims of persistent harassment (Mullen, Pathé & Purcell, 2001, p. 9).

 

Canada
focus points

"Part 1 of a two part paper on stalking outlines the behaviors involved, epidemiology, motivation of the offenders, and mental health consequences for the victims:

  • Up to 1 in 20 women in the US will be stalked in her lifetime.
  • The majority of victims are female, while the offenders are usually male.
  • Stalking behaviours range from surveillance to threatening aggressive or violent acts.
  • The majority of stalking is related to failed intimate relationships.
  • Stalkers may also suffer from erotomania or obsessive love with a primary psychiatric diagnosis. Victims may experience anxiety, depression guilt, helplessness, and symptoms of post-traumatic e stress disorder" (PTSD) (Abrams & Robinson, 1998, p. 473).

"Stalking is a serious offence perpetrated by disturbed offenders. Stalking can cause major mental health consequences, which are often poorly understood by society" (Abrams & Robinson, 1998, p. 473).

"Publicity about celebrity stalking cases, such as those involving Madonna or David Letterman, has raised public awareness of this problem, and helped lead to anti-stalking legislation in the United States. The extensive media coverage of the OJ Simpson murder case has also focused public attention on the kind of behaviour seen in criminal harassment cases involving ex-spouses. The fact remains however that the majority of stalking cases involves "ordinary people" who are usually women" (Abrams & Robinson, 1998, p. (June, mid, 2002).

"The 2nd part of the paper reviewing the topic of stalking focuses on victims difficulties with the legal system and the psychotherapeutic tasks for victims and therapists" (Abrams & Robinson, 1998, p. 477).

"Victims suffer emotional consequences from being stalked. Additional stress is caused by the legal systems' lack of understanding of the causes and consequences of stalking and inadequate and unenforced laws. The treatments for victims requires a comprehensive approach including education, supportive psychotherapy, and discussion of practical measures. Therapists may over-identify with a patients powerlessness, or hesitate to take on a case for fear of the stalker. Female therapists may protect themselves against the realization of their own vulnerability by blaming the victim, while male therapists may feel defensive of or overprotective" (Abrams & Robinson, 1998, p. 477).

"Stalking is a crime with major mental health consequences which is often poorly understood by society. Therapists need to be aware of the victims emotional reactions, the types of legal and practical supports available and the possible biases of society. Further education and research is encouraged" (Abrams & Robinson, 1998, p. 477).

"The Grange Inquiry was set up by an order-in-council, of the Ontario Government on April 21, 1983, for two purposes: to investigate how and by what means 36 children died in cardiac wards in 4A and 4B at the Hospital for Sick Children in Toronto, between July 1, 1980 and March 31, 1981 and to inquire into the police investigation arising out of the mysterious circumstances at the Hospital. Nurse Susan Nelles, had been arrested on March 23, 1991, for the murder of Baby Justin Cook, at the Toronto Sick Children's Hospital. Nelles was forced to spend time in jail before she was completely cleared and discharged on May 21, 1982, for lack of evidence" (Hardingham, 1998, p. 23).

"The courts have recognized two forms of sexual harassment: "quid pro quo" and "environmental harassment. The latter is also often described as a "poisoned" or a "hostile environment"" (Hardingham, 1998, p. 14).

"Nurses are especially prone to underreport abuse for many reasons:

  • nurse's toleration of abuse linked with the conviction that it is "part of the job" (Portlock, 1993, p. 5);
  • the time and effort involved in completing a report;
  • the victims' conviction that he or she is somehow to blame for the incident, or that the incidence is the result of poor job performance or other personal shortcoming" (Hardingham, 1998, p. 14).

1. "Incident reports are frequently framed to demand what the victim could have done to prevent the incident, thereby suggesting blame" (Hardingham, 1998, p. 15).

2. "The current thinking is that sexual harassment is characterized as primarily the manifestation of power, rather than sexual attraction (Frank et al, 1998, p. 356) and it is speculated that the profession of medicine in academic settings may be especially prone to harassment, because of the importance of hierarchy" (Hardingham, 1998, p. 15).

3. "Teasing or taunting that is demeaning or intimidating, physical threats or verbal abuse, could result is a poisoned environment" (Hardingham, 1998, p. 15).

International
focus points

Insert forensic focus points here

United Kingdom
focus points

"Stalking has given rise to considerable media interest and public concern throughout the 1990s. The England and Wales Protection from Harassment Act 1997 was introduced to legislate against the crime, but failed to define it. This article discusses the difficulties of defining a crime in which the behaviour of perpetrators is often ostensibly innocuous. Arguments. A review of 12 studies reveals that stalkers engage in very similar patterns of activities. Consequently, it may be possible to create guidelines for what does and does not constitute stalking. Next, a simple method of constructing stalker typologies is suggested, the classification being affected by the manner in which stalking is defined. Conclusions. It is suggested that the difficulties inherent in framing anti-stalking legislation may have been overestimated and that existing academic research can provide at least a working definition of the crime, provided that a common system of classifying stalking cases is adopted" (Sheridan & Davies, 2001. p. 133.).

"This paper sets out the brief history of the Tarasoff case and highlights the main issues for practitioners" (Mason, 1998, p. 109).

"For psychiatric nurses the issues that pertaining to this case affects the everyday working practice of those working with patients, who are one stage or another, threaten the welfare of others. This in much the same case for forensic psychiatric nurses as for general psychiatric nurses, and indeed any nurse that received a threat regarding a third party from a patient" (Mason, 1998, p. 109).

"Three types of stalkers are identified in this crime classification are the non domestic stalker (delusional) who may know the target through social contact or from a random meeting in a public place; the domestic stalker (a mix of non delusional and delusional behavior) who may be known to the target and had a close personal relationship with the target and the erotomania stalker (delusional) whose target is typically a public figure" (Wright et al, 1995, p. 38).

"Stalking is conceptualized from a continuum of non-delusional to delusional behavior" (Wright et al, 1995, p. 38).

"Classification of crime is the first step in the investigation process figure" (Wright et al, 1995, p. 38).

"Stalking crimes are motivated primarily by interpersonal aggression rather than by material gain or sex. The purpose of stalking resides in the mind of the stalker who are compulsive individuals with a misperceived fixation. Stalking is the result of an underlying emotional conflict that propels the offender to stalk and harass a target figure" (Wright et al, 1995, p. 38).

 

United States
focus points

Insert forensic focus points here

Focus Points Reference

Abrams, K.M.& Robinson, G. E. (1998). Stalking Part I: An overview of the problem. Canadian Journal of Psychiatry, 43, 473-476.

Abrams, K.M.& Robinson, G. E. (1998). Stalking Part II: Victims problems with the legal system, and therapeutic conversations. Canadian Journal of Psychiatry, 43, 477-481.

Hardingham, L. (1998). Sexual harassment: Being aware of its most subtle form. Alberta RN, 54 (9), 14-15.

Mason, T. (1998). Tarasoff liability: Its impact for working with patients who threaten others. International Journal of Nursing Studies, 35, 109-114.

Mullen, P. E. & Pathé, M. & Purcell, R. (2001). Stalking: new constructions of human behaviour. Australian & New Zealand Journal of Psychiatry, 35(1), 9-16. Retrieved December 31, 2002, from Academic Search Premier database:
http://search.epnet.com/direct.asp?an=5470475&db=aph

Sheridan, L., & Davies, G. M. (2001). Stalking: The elusive crime. Legal & Criminological Psychology, 6(2), 133-147. Retrieved December 31, 2002, from Academic Search Premier database: http://search.epnet.com/direct.asp?an=6388841&db=aph

Wright, J. A., Burgess, A.G., Burgess, A.W., McCrary, G.O., & Douglas, J.E. (1995). Investigating stalking crimes. Journal of Psychosocial Nursing and Mental Health Services, 33 (9), 38-43.

 


Top of Page

 

From 'forensic presentations' in the forensic sourcebooks the following presentations have been selected for this unit:

Unit.B.7.4. Harassment/Stalking

Australia
Presentation(s)

Insert power point presentation here

Canada
Presentation(s)

Insert power point presentation here (sample)

International
Presentation(s)

Insert power point presentation here

United Kingdom
Presentation(s)

Insert power point presentation here

United States
Presentation(s)

Insert power point presentation here

 

This section will continually be added to with guest presentations from forensic experts locally, nationally and internationally and with student presentations.

Top of Page

 

From 'forensic cases' in the forensic sourcebooks the following case studies have been selected for this unit:

Unit.B.7.4. Harassment/Stalking

Australia
case study

Insert case study here

Canada
case study

Insert case study here

International
case study

Insert case study here

United Kingdom
case study

Insert case study here

United States
case study

Insert case study here

Top of Page

 

From 'forensic experts' in the forensic sourcebooks the following panel of experts has been selected for this unit:

Unit.B.7.4. Harassment/Stalking

forensic panels of experts

Insert forensic panel here…………

Australia
authors/experts

Insert specific author/expert name(s) here

Canada
authors/experts

Insert specific author/expert name(s) here

International
authors/experts

Insert specific author/expert name(s) here

United Kingdom
authors/experts

Insert specific author/expert name(s) here

United States
authors/experts

Insert specific author/expert name(s) here

 

Top of Page

 

 
Lectures