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Lawyers Manual - Unified Court System

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194 Hilary Sunghee Seo<br />

the stalker increases the number and types of contacts, the stalker’s actions begin<br />

to form a pattern of behavior that is objectively threatening and frightening to the<br />

victim. Stalking victims often suffer profound psychological and emotional<br />

harm as a result of the stalking experience.<br />

Stalking and Domestic Violence<br />

Despite the misimpression created by a few, highly publicized cases<br />

involving strangers stalking celebrities, the majority of stalking victims know<br />

their stalkers in some way. There is a close connection between domestic<br />

violence and stalking. In fact, domestic violence often includes some form of<br />

stalking. In the context of intimate relationships, stalking, and the fear, anxiety<br />

and uncertainty it causes in the targeted person, become one more tool used by<br />

the abuser to exert power and control over the victim.<br />

A recent national survey by the National Institute of Justice bore out the<br />

links between abusive and controlling behavior and intimate partner stalking.<br />

Women with ex-husbands who stalked them were more than twice as likely as<br />

women with ex-husbands who did not stalk them to report that their ex-husbands<br />

had tried to limit their contact with family and friends (77.1% versus 32.3%),<br />

had frightened them (92.2% versus 33.1%), made them feel inadequate (85.5%<br />

versus 44.5%), prevented them from knowing about or having access to family<br />

income (59.6% versus 20.8%) or prevented them from working outside the<br />

home (30.7% versus 13%). 5<br />

The New York Anti-Stalking Statute<br />

The New York State Anti-Stalking Act became law in 1999 and created four<br />

new crimes of stalking. 6 In passing this legislation, the New York State legislature<br />

noted that stalking victims in New York “have been intolerably forced to live in<br />

fear of their stalkers, . . . [that] stalkers who repeatedly follow, phone, write,<br />

confront, threaten or otherwise unacceptably intrude upon their victims, often<br />

inflict immeasurable emotional and physical harm upon them . . . [and that New<br />

York’s] law must be strengthened to provide clear recognition of the dangerousness<br />

of stalking.” 7

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