Chapter 21: Cyberstalking

Overview

The lack of sensory information on the Internet may have a significant impact on cyberstalkers, as described by Meloy (p. 11): "The absence of sensory-perceptual stimuli from a real person means that fantasy can play an even more expansive role as the genesis of behavior in the stalker." The victim becomes an easy target for the stalker's projections, and narcissistic fantasies, that can lead to a real world rejection, humiliation and rage.

(Meloy 1998)

One of the most prominent features of stalking behavior is fixation on victims. Their obsession can drive stalkers to extremes that make this type of investigation challenging and potentially dangerous. Although stalkers who use the Internet to target victims may attempt to conceal their identities, their obsession with a victim often causes them to expose themselves. For instance, they may say things that reveal their relationship with or knowledge of the victim, or they may take risks that enable investigators to locate and identify them. However, even when stalkers have been identified, attempts to discourage them can have the opposite effect, potentially angering them and putting victims at greater risk.

In 1990, after five women were murdered by stalkers, California became the first state in the US to enact a law to deal with this specific problem. Then, in 1998, California explicitly included electronic communications in their anti-stalking law. The relevant sections of the California Penal Code have strongly influenced all subsequent anti-stalking laws in the US, clearly defining stalking and related terms.

Any person who willfully, maliciously, and repeatedly follows or harasses another person and who makes a credible threat with the intent to place that person in reasonable fear of death or great bodily injury is guilty of the crime of stalking ... "harasses" means a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, torments, or terrorizes the person, and that serves no legitimate purpose. This course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the person.

... "course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose ... "credible threat" means a verbal or written threat, including that performed through the use of an electronic communication device, or a threat implied by a pattern of conduct or a combination of verbal, written, or electronically communicated statements and conduct made with the intent to place the person that is the target of the threat in reasonable fear for his or her safety or the safety of his or her family and made with the apparent ability to carry out the threat so as to cause the person who is the target of the threat to reasonably fear for his or her safety or the safety of his or her family. It is not necessary to prove that the defendant had the intent to actually carry out the threat... "electronic communication device" includes, but is not limited to, telephones, cellular phones, computers, video recorders, fax machines, or pagers." [California Penal Code 646.9]

The equivalent law in the United Kingdom is the Protection from Harassment Act 1997 (Chapter 40).

Note that persistence is one of the operative concepts when dealing with stalking. A single upsetting e-mail message is not considered harassment because it is not a pattern of behavior. Remember that anti-stalking laws were enacted to protect individuals against persistent terrorism and physical danger, not against annoyance or vague threats.

The distinction between annoyance and harassment is not easily defined. It is usually enough to demonstrate that the victim suffered substantial emotional distress. However, there is always the argument that the victim overreacted to the situation. If a victim is not found to be a "reasonable person" as described in the law, a court might hold that no harassment took place. Therefore, when investigating a stalking case, it is important to gather as much evidence as possible to demonstrate that persistent harassment took place and that the victim reacted to the credible threat in a reasonable manner.

The explicit inclusion of electronic communication devices in California's anti-stalking law is a clear acknowledgement of the fact that stalkers are making increasing use of new technology to further their ends. In addition to using voice mail, fax machines, cellular phones, and pagers, stalkers use computer networks to harass their victims. The term cyberstalking refers to stalking that involves the Internet. This chapter briefly describes how cyberstalkers operate, what motivates them, and what investigators can do to apprehend them. Additional resources that relate to various aspects of stalking are presented at the end of this chapter.