Lawyers Manual - Unified Court System

Lawyers Manual - Unified Court System Lawyers Manual - Unified Court System

24.03.2013 Views

192 Jill Laurie Goodman 19. Id. at 111. 20. Surviving Wife Rape, supra note 13, at 132. 21. Various versions of the Power and Control Wheel are reproduced as an Appendix to this volume. 22. Surviving Wife Rape, supra note 13, at 157. 23. Penal Law §§ 130.35(1), 130.00(7). 24. Penal Law § 70.02(3)(d). 25. People v Hill, 163 AD2d 852 (4th Dept 1990); see also People v Jackson, 290 AD2d 644, 646 (3d Dept 2002); People v Jenkins, 282 AD2d 926, 928 (3d Dept 2001). 26. People v Greene, 306 AD2d 639 (3d Dept 2003); People v Peraza, 288 AD2d 689 (3d Dept 2001); People v Jenkins, 282 AD2d 926 (3d Dept 2001); People v Thompson, 158 AD2d 563 (2d Dept 1990). 27. People v Jenkins, 282 AD2d 926 (3d Dept 2001). 28. People v Greene, 306 AD2d 639, 642 (3d Dept 2003). 29. People v Sturdivant, 277 AD2d 607 (3d Dept 2000). 30. People v Rojas, 97 NY2d 32 (2001); People v Molineux, 168 NY 264 (1901). 31. People v Tarver, 2 AD3d 968 (3d Dept 2003). 32. People v Vega, 3 AD3d 239 (1st Dept 2004); People v Biernbaum, 301 AD2d 119 (1st Dept 2002). 33. People v Rogner, 265 AD2d 688 (3d Dept 1999). 34. People v Poquee, 9 AD3d 781 (3d Dept 2004). 35. 64 NY2d 151 (1984).

Although stalking is a crime under the laws of all 50 states, the District of Columbia and the federal government, police, prosecutors, judges, victims’ advocates and, indeed, the victims themselves often fail to perceive it as a specific crime. Yet stalking behavior is surprisingly prevalent. The National Center for Victims of Crime estimates that over one million women and nearly 375,000 men are stalked annually in the United States. 1 Stalking demands early attention and intervention because it is highly correlated with, and often is a precursor to, other forms of violent crimes. Estimates vary, but stalkers are believed to commit violent acts against their targets in 25 to 35% of cases. 2 Intimate partners who stalk their victims are four times more likely than intimate partners in the general population to physically assault their partners and six times as likely to sexually assault their partners. 3 According to national crime statistics, 76% of femicide victims had been stalked by the person who killed them. 4 What is Stalking? 13 Taking Stalking Seriously by Hilary Sunghee Seo Stalking behavior may manifest itself in a variety of ways, but all stalking has two common features. First, stalking involves repeated victimization of a targeted person. Therefore, to understand stalking, a series of acts directed at the victim must be examined together in the context of each other. Second, stalking is a crime that is defined, at least in part, by the fear it instills in the victim. Typical examples of stalking behavior include following a person, lying-in-wait, sending unsolicited letters and gifts, vandalizing the victim’s property, or threatening to harm the victim’s family members or friends. Stalking may begin with acts which, taken in isolation, appear insignificant or coincidental, but as

Although stalking is a crime under the laws of all 50 states, the District of<br />

Columbia and the federal government, police, prosecutors, judges, victims’<br />

advocates and, indeed, the victims themselves often fail to perceive it as a<br />

specific crime. Yet stalking behavior is surprisingly prevalent. The National<br />

Center for Victims of Crime estimates that over one million women and nearly<br />

375,000 men are stalked annually in the United States. 1 Stalking demands early<br />

attention and intervention because it is highly correlated with, and often is a<br />

precursor to, other forms of violent crimes. Estimates vary, but stalkers are<br />

believed to commit violent acts against their targets in 25 to 35% of cases. 2<br />

Intimate partners who stalk their victims are four times more likely than<br />

intimate partners in the general population to physically assault their partners<br />

and six times as likely to sexually assault their partners. 3 According to national<br />

crime statistics, 76% of femicide victims had been stalked by the person who<br />

killed them. 4<br />

What is Stalking?<br />

13<br />

Taking Stalking Seriously<br />

by Hilary Sunghee Seo<br />

Stalking behavior may manifest itself in a variety of ways, but all stalking<br />

has two common features. First, stalking involves repeated victimization of a<br />

targeted person. Therefore, to understand stalking, a series of acts directed at the<br />

victim must be examined together in the context of each other. Second, stalking<br />

is a crime that is defined, at least in part, by the fear it instills in the victim.<br />

Typical examples of stalking behavior include following a person, lying-in-wait,<br />

sending unsolicited letters and gifts, vandalizing the victim’s property, or<br />

threatening to harm the victim’s family members or friends. Stalking may begin<br />

with acts which, taken in isolation, appear insignificant or coincidental, but as

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