Predicting the occurrence of stalking in relationships characterized by domestic violence

A high correlation has been found between domestic violence and stalking. However, very few studies have examined what factors predict the occurrence of stalking in relationships characterized by domestic violence. Using in-depth interviews with victims of domestic violence whose cases have gone through the criminal justice system, this article explores this issue. It was found that experiences of stalking by their abusers were very prevalent in this group of domestic violence victims. In terms of predicting stalking, domestic violence victims who were not in a relationship with their abuser, whose abusers had an alcohol or drug problem, who experienced more controlling behaviors by their abusers, and who had experienced prior stalking by their abusers were at the greatest risk of experiencing more severe stalking. Implications for intervention are discussed.     

Risk factors for stalking violence,persistence, and recurrence

This study used a retrospective design to investigate risk factors associated with violence during a stalking episode, persistence (increased duration of stalking) and recurrence (multiple subsequent separate stalking episodes) in 157 people (91% male, mean age 35 years) with an established history of stalking behaviour. Results showed that diverse risk factors are associated with different types of stalking outcomes. Consistent with previous research, stalking violence was more likely to occur when the victim was an ex-intimate, when explicit threats had been made and where there had been previous property damage (AUC = .74). Personality disorder, older age, criminal versatility, a prior acquaintanceship and erotomanic delusions (AUC = .75) predicted stalking recurrence. Finally, previous acquaintanceship, the presence of delusional beliefs and the absence of a history of physical or sexual violence were associated with stalking persistence. These results clearly show that effective assessment and management of stalking requires consideration of different stalking outcomes and the diversity of associated risk factors.     

Protection Against Pursuit: A Conceptual and Empirical Comparison of Cyberstalking and Stalking Victimization Among a National Sample

Cyberstalking is a relatively understudied area in criminology, with no consensus among scholars as to whether it represents a modified form of stalking or whether it is an entirely new and emerging criminal phenomenon. Using data from the 2006 Supplemental Victimization Survey (SVS) to the National Crime Victimization Survey (NCVS), this study compares stalking and cyberstalking victims across several dimensions, including situational features of their experiences and self-protective behaviors. Results indicate that there are significant differences between stalking and cyberstalking victims, including their number of self-protective behaviors adopted, duration of contact with their stalker, financial costs of victimization, and perceived fear at onset. Perceived fear over time, the occurrence of a physical attack, and sex of the victim were all associated with a higher number of self-protective behaviors for cyberstalking victims compared to stalking victims, net of the effect of the control variables. Implications for stalking theory, research, and criminal justice policy are discussed.     

Prosecuting Domestic Violence without Victim Participation

This article explores the evidential challenges victim withdrawal presents in domestic violence cases. More specifically it examines innovative measures taken in the United States to overcome problems of proof typically associated with domestic violence prosecutions. These evidentiary initiatives have facilitated a shift towards so–called 'victimless' prosecution in the context of domestic violence which dispenses with victim participation. Drawing upon a 'freedom model' of criminal justice, this article examines whether recent developments in the United States might be emulated as a means of addressing the high rate of attrition in domestic violence cases in England and Wales.     

Specialist domestic violence courts for child arrangement cases:safer courtrooms and safer outcomes?

ABSTRACT

Child arrangement cases in England and Wales are dealt with in the ordinary family courts. Whilst a special practice direction is applicable to child arrangement proceedings where there are allegations of domestic abuse, there is no specialist domestic violence court in the family justice setting. However, court specialisation is a feature of the criminal justice system and has been demonstrated to have success in domestic violence cases. Some of the potential benefits of specialisation, such as the provision of safer courtrooms, might be transferable to the family justice setting. Given the well documented problems of ordinary courts dealing with child arrangements in domestic violence cases, this article considers whether court specialisation could provide victims with safer courtrooms and safer outcomes in child arrangement cases.     

‘Stalking’ – Seeking the victim's perspective

Abstract

The law has experienced great difficulty in defining ‘stalking’ and framing legislation to deal with the problem. There has been little research as to how the public in general and potential victims in particular view this phenomenon. In an effort to explore this issue, 80 women aged 18 to 55 years were invited to classify which of a range of intrusive behaviours were exemplars of stalking. A cluster analysis of the classification data showed a clear distinction between those which participants felt to be stalking and non-stalking related acts. Further, a number of distinct sub-categories of perceived stalking behaviours were suggested by the analysis. Participants were also asked to indicate whether they had first hood experience of any of these behaviours and to describe their worst personal experience of ‘stalking’. Analysis of this data suggested that instances of what our respondents perceived as ‘stalking’ was widespread in the sample and that some of its more serious manifestations would, if reported, have led to criminal charges. The difficulties of framing legislation, however, to define all the acts which our respondents saw as ‘stalking’ remain.     

Barriers to safety* for victims of domestic homicide

ABSTRACT

Research on domestic homicide has focused on risk factors presented by perpetrators such as prior violence, threats to kill, stalking, access to weapons, mental health concerns, controlling behaviour and separation. However, there has been less focus on the barriers that victims face regarding finding support, increasing personal safety and decreasing violence and risk of homicide. The present study explored 20 potential barriers that female domestic homicide victims faced using 183 cases occurring between 2002 and 2012 from the Ontario (Canada) Domestic Violence Death Review Committee to examine the presence and frequency of these barriers within the sample. Using two-step cluster analysis, different profiles of barriers were identified that centred on victims’ fear, social isolation and mental health. The study is limited in being a post hoc analysis of homicides and no causal links can be made. The implications of this finding are discussed in the context of risk assessment, risk management and safety planning.     

Coordinated Community Intervention for Domestic Abusers: Intervention System Involvement and Criminal Recidivism

This study examined prosecution and post-prosecution elements of a coordinated community intervention approach to male perpetrators of adult domestic violence. In a sample of 235 cases, recidivism was assessed from official criminal justice data during a 12- to 18-month period after cases were initially handled by the Baltimore, Maryland State's Attorney's Domestic Violence Unit. Court orders for domestic violence counseling were associated with significantly lower criminal recidivism for battery or violation of a civil order of protection. Lower criminal recidivism was also associated with the cumulative effects of successful prosecution, probation monitoring, receiving a court order to counseling, attending counseling intake, and completion of counseling. Individuals with greater involvement in this intervention system had lower recidivism rates, even though offenders with more extensive abuse histories experienced more intervention. Results provide qualified support for coordinated community intervention for domestic violence perpetrators.     

Specialized Domestic Violence Courts

Abstract

The multimethod study assesses the perceptions of specialized domestic violence courts' processes with victims' experiences as the central focus. Perceptions of the traditional courts and specialized domestic violence courts are compared among victims, courtroom police, attorneys, judges and victim advocates. Domestic violence education among attorneys, judges, and victim advocates is also compared. Despite the intended improvements with the specialized court model, victims report similar problems in both court models. Safety and victims support among respondents is mixed. Professionals from the specialized court receive no more domestic violence education than those from the general court. Victims' and courtroom police recommendations are presented.     

159例家庭暴力损伤的法医学鉴定分析

目的　探讨家庭暴力损伤的特点及其有关的法医学鉴定问题。方法　对 1 998年 4月～ 1 999年 1 2月间来诊的 1 59例家庭暴力损伤鉴定案件进行回顾研究。结果　家庭暴力的受害者绝大多数为妇女(占 93 1 % ) ,主要发生在配偶间 ( 85 5% ) ,其次为虐老 ( 7 5% )和虐儿 ( 5% )。家庭暴力一般发生在家中 ,以晚上为发生高峰。致伤方式以拳脚为主 ,其次为随手可得的钝器或锐器。损伤多为软组织损伤 ;有4 0 %的受害人投诉前未去医院就诊 ;损伤程度多为轻微伤 ,达轻伤标准占 1 0 %。结论　家庭暴力损伤具有隐藏性和复杂性 ,准确及时地进行法医学鉴定可为受害人主张权利提供有力的证据和帮助 ,对揭露家庭犯罪有着重要意义     

A Comparison of Men and Women Arrested for Domestic Violence: Who Presents the Greater Threat?

Recent increases in the number of women arrested for domestic violence raise important questions about implementation of proarrest policies, equivalency of intimate partner aggression across genders, and management of female domestic violence offenders. This study compares demographic characteristics, criminal history variables, and the past domestic violence history of men (n = 5,578) and women (n = 1,126) arrested for domestic assault against a heterosexual intimate partner. Using victim reported information and data collected by local criminal justice agencies, we found that female arrestees were significantly less likely than males to have histories that warrant concern regarding the potential for future violence. Implications of these findings are discussed.     

Trauma Symptoms of Former Intimate Stalking Victims

Abstract

One-hundred-eighty-seven female victims stalked by former intimate partners were interviewed about their victimization experiences. To identify psychological symptoms experienced by the victims, Briere and Runtz's (1989) Trauma Symptom Checklist (TSC-33) was utilized in the interview. Individual items were combined to form five distinct scales as developed and validated by Briere and Runtz (1989). Findings reveal that the highest mean scores for the sample were on the items included in the Sleep Disturbance scale. In addition, overall TSC-33 scores and the Dissociation, Anxiety, Depression, and Post-Sexual Assault Trauma-hypothesized (PSAT-h) scale scores varied by whether or not victims had experienced violence during their former relationship with the stalker and by whether or not violence occurred during the stalking. The absence or presence of verbal threats of violence during the stalking, however, did not have an independent effect on most emotional symptoms when controlling for violence during stalking.     

REDUCING INTIMATE PARTNER VIOLENCE: AN EVALUATION OF A COMPREHENSIVE JUSTICE SYSTEM‐COMMUNITY COLLABORATION*

Research Summary In 1999, three communities were selected to participate in a research demonstration designed to test the feasibility and impact of a coordinated response to intimate partner violence that involved the courts and justice agencies in a central role. The primary goals of the Judicial Oversight Demonstration (JOD) were to increase victim safety, hold offenders accountable, and reduce repeat offending using coordinated community services and integrated justice system policies in intimate partner violence court cases. The partnerships differed from earlier coordinated community responses to domestic violence by placing special focus on the role of the court, specifically the judge, to facilitate offender accountability in collaboration with both nonprofit service providers and other criminal justice agencies. This article presents the results of an impact evaluation of this demonstration in all sites. The demonstration received mostly positive responses from justice system agencies, service providers, offenders, and victims. Improvements were made in offender monitoring, consistent sanctioning, and increased supervision. However, these changes did not translate into gains in victim perceptions of their safety or into reductions in repeat violence in all sites. Policy Implications The demonstration had minimal impact on changing offender attitudes and behavior. The mixed results of the evaluation indicate that the most effective justice system responses to intimate partner violence must include a focus on protecting victims, close monitoring of offenders, and rapid responses with penalties when violations of court‐ordered conditions are detected. Indications were found that JOD strategies were effective for some subgroups, including younger offenders with fewer ties to the victim and offenders with extensive arrest histories. The observed reductions in intimate partner violence in selected subgroups in the JOD sites may suggest a fruitful way to begin designing new intervention strategies, including prevention programs for men and women.     

Catch‐22: Exploring Victim Interests in a Specialist Family Violence Jurisdiction

Research and advocacy over the past few decades have combined to draw attention both to the inadequacies of criminal justice intervention in domestic violence as well as the law's positive potential. Radical changes in law, policy, and practice have been implemented in the civil and criminal jurisdictions in most western countries, including Australia. More proactive intervention from criminal justice agencies has not been without its critics. The interests of victims of domestic violence have been portrayed by some as being in conflict with those of the justice system. This article explores this interaction using evaluation surveys and qualitative data from interviews with 360 victims of domestic violence in an urban Australian jurisdiction. Using a smaller subset of respondents, the article provides an exploratory examination of victims’ engagement with criminal prosecution and how they place themselves within the decision‐making process and the objectives of the system. The article concludes that there is significant congruence between victim objectives and interests and those of a public‐interest justice system.     

No longer a civil matter? The design and use of protection orders for domestic violence in England and Wales

ABSTRACT

This paper assesses the design and use of protection orders for domestic violence in England and Wales. It draws on data from 400 police classified domestic violence incidents and 65 interviews with victims/survivors, as well as new analysis of government justice data from England and Wales, to address a gap in literature on protection orders.

The paper identifies an increasing civil-criminal ‘hybridisation’ of protection orders in England and Wales, and argues that a dual regime has developed, with orders issued by police and/or in criminal proceedings increasingly privileged (and enforced) over victim-led civil orders. Whilst protection orders are being used – as intended – flexibly to protect domestic violence victims, the way they are applied in practice risks downgrading domestic violence in criminal justice terms.

The conclusions are especially timely in light of current Government proposals to rationalise protection orders by introducing a single overarching Domestic Abuse Protection Order in England and Wales.     

Comparing Women and Men Arrested for Domestic Violence: A Preliminary Report

This study uses criminal justice data to compare women and men arrested for domestic violence on their levels of violence, reported victimization, general criminality, and substance abuse. Participants were 45 women and 45 men convicted of domestic violence between 1996 and 1998. Results indicate that women were less likely than men to have a history of domestic violence offenses and nonviolent crimes. They were also more likely to report that they had been injured or victimized by their partner at the time of their arrest. However, in other ways, women and men were similar: they were equally likely to have used severe violence and inflicted severe injuries on their victims; to have previously committed violence against nonintimates; and to have been using drugs or alcohol at the time of their arrest. The implications for treatment for women arrested for domestic violence are discussed.     

Victim Protection Orders and the Stake in Conformity Thesis

Victim Protection Orders have gained wide use by local courts as one method to protect victims of domestic violence. This study of protection orders involves interviews with individuals who obtained such orders in Arizona. The research questions specifically addressed those variables known as the stake in conformity variables in the six attempted replications of the Sherman–Berk Minneapolis Police Study, to examine their potential relevance for the effectiveness of victim protection orders. The findings of this study are analyzed in terms of other research about the effectiveness of victim protection orders.     

A case of stalking in the workplace and subsequent sexual homicide

A case of stalking in the workplace and subsequent sexual homicide by a 33-year-old male is reported. Following several months of stalking a 38-year-old female, the male subject went to the woman's office after business hours and restrained, raped, and murdered her. The cause of death was multiple stab wounds. The facts of the case reveal that the subject fits a predatory-type stalker, which represents a small subgroup within stalkers that has received little attention. Unlike other types of stalkers, the predatory stalker gives little warning to their victim (or multiple victims), as their stalking behaviors tend not to be very invasive or harassing. In general, most stalkers are not physically violent; however, predatory-type stalkers, given their tendency for sexual violence, are dangerous and the importance of identifying them is emphasized. Factors associated with perpetrators of sexual homicide are discussed.     

Evaluating the Efficacy of Protection Orders for Victims of Domestic Violence

Abstract

The purpose of this study is to gauge the efficacy of protection orders for victims of domestic violence. The theoretical basis for this analysis is Johnson's (1995) theory that there exist two distinct forms of domestic violence: “common couple violence,” which consists of low-grade, mild abuse that is equally perpetrated by both men and women, and “patriarchal terrorism,” which involves severe mental and physical abuse that is used primarily by men to control their female partners. Based on Johnson's theory, it is hypothesized that protection orders will be less effective for women who experience patriarchal terrorism than for women who experience common couple violence. The results of this analysis indicate that the primary independent variable, that is, whether a woman experiences common couple violence or patriarchal terrorism, is not a good predictor of protection order violation. However, several secondary independent variables were found to be significant, including victim's race and employment status, as well as the couple's living arrangements at the time of the protection order.