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

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

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Presentation given at the 2012 VA Campus Safety Forum sponsored by the VA Department of Criminal Justice Services; March 2012

Presentation given at the 2012 VA Campus Safety Forum sponsored by the VA Department of Criminal Justice Services; March 2012

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  • MH&A experience(work, cients)LE experience (city, state, university)Experience with stalking casesIACP VAW InstituteCALEA
  • Pay attention to the details of what Patrick did…
  • Jurisdictional challengesMultiple police agencies/investigatorsCase coordination and deconfliction
  • Recognize the technologyWhere are the photos and videos? Viral on the internet?Managing the parentsManaging the fear of other female students

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

  • 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
  • TWEET TWEET @margolishealy #vcsf2012© Margolis Healy & Associates, LLC
  • Peggy Klinke • Pay attention to Patrick Kennedy’s legal actions • Fact patterns© Margolis Healy & Associates, LLC
  • Peggy Klinke Lifetime Television for Women Video on Peggy Klinke© Margolis Healy & Associates, LLC
  • 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© Margolis Healy & Associates, LLC
  • 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© Margolis Healy & Associates, LLC
  • 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© Margolis Healy & Associates, LLC
  • 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© Margolis Healy & Associates, LLC
  • 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© Margolis Healy & Associates, LLC
  • Stalking is a... Course of Conduct Crime not Incident Based Crime© Margolis Healy & Associates, LLC
  • 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)© Margolis Healy & Associates, LLC
  • 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© Margolis Healy & Associates, LLC
  • 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)© Margolis Healy & Associates, LLC
  • Stalking Victims© Margolis Healy & Associates, LLC
  • Stalking Reported to LEReported to Law Enforcement Reported to Law Enforcement Campus Police Campus PoliceMunicipal/Local/City Police/911Municipal/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)© Margolis Healy & Associates, LLC
  • 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??© Margolis Healy & Associates, LLC
  • 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)© Margolis Healy & Associates, LLC
  • Law Enforcement Response© Margolis Healy & Associates, LLC
  • 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© Margolis Healy & Associates, LLC
  • 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© Margolis Healy & Associates, LLC
  • Case Management Steps • Reports & recognition of stalking • Investigative challenges & opportunities • Assessment, response & initial Investigation • Stalker assessment • Interviews • Threat assessment • Safety planning© Margolis Healy & Associates, LLC
  • 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© Margolis Healy & Associates, LLC
  • 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© Margolis Healy & Associates, LLC
  • 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© Margolis Healy & Associates, LLC
  • 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?© Margolis Healy & Associates, LLC
  • 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© Margolis Healy & Associates, LLC
  • 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© Margolis Healy & Associates, LLC
  • 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?© Margolis Healy & Associates, LLC
  • 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© Margolis Healy & Associates, LLC
  • 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?© Margolis Healy & Associates, LLC
  • 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© Margolis Healy & Associates, LLC
  • 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© Margolis Healy & Associates, LLC
  • 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)© Margolis Healy & Associates, LLC
  • 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© Margolis Healy & Associates, LLC
  • Suspect Interview • Interview (stalkers like to talk) • Control the interview • Document demeanor & emotional state • Document, document, document • Miranda, when applicable • Avoid passing judgment© Margolis Healy & Associates, LLC
  • Threat Assessment Every professional at every stage of a stalking case must be constantly assessing the threat© Margolis Healy & Associates, LLC
  • 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© Margolis Healy & Associates, LLC
  • Threat Assessment • How well does suspect know victim? • Is victim in fear? Why? Victim’s family, friends, coworkers? • Is victim naive about the danger?© Margolis Healy & Associates, LLC
  • 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© Margolis Healy & Associates, LLC
  • The next phase in the violence relationship...© Margolis Healy & Associates, LLC
  • ―Please don’t do this to me‖© Margolis Healy & Associates, LLC
  • Stalkers don’t just go awayThis is the address ofthe jail. This was addressed to the victim © Margolis Healy & Associates, LLC
  • Using children as agents to stalk Note to child to give to Mommy© Margolis Healy & Associates, LLC
  • 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)© Margolis Healy & Associates, LLC
  • 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© Margolis Healy & Associates, LLC
  • 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© Margolis Healy & Associates, LLC
  • Safety Planning • How might safety planning in stalking cases be the same as safety planning in IPV/DV cases? • How might it be different?© Margolis Healy & Associates, LLC
  • 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© Margolis Healy & Associates, LLC
  • 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© Margolis Healy & Associates, LLC
  • 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)© Margolis Healy & Associates, LLC
  • 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© Margolis Healy & Associates, LLC
  • Safety Planning – Innovative App • Stalking Sacks • Victim & Offender Books • Flyers • Support Groups© Margolis Healy & Associates, LLC
  • 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!© Margolis Healy & Associates, LLC
  • 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© Margolis Healy & Associates, LLC
  • 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© Margolis Healy & Associates, LLC