Encyclopedia of Psychology and Law

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Use of this system may permit predictions regarding
the likely course of stalking and may lead to sugges-
tions for treatment. However, most typologies are yet to
be empirically supported across a sufficient number of
studies; therefore, there is a need for ongoing research
in this area.

Definitions of Stalking
When stalking was criminalized, legal definitions of the
behaviors that constituted stalking had to be devised.
Previously, legal remedies could be used only when the
stalker had escalated to violence against the victim,
which left many stalking victims without legal recourse.
The behaviors and requirements encompassed in legal
definitions of stalking vary across jurisdictions. The key
elements of the California stalking legislation are that
stalking behaviors are engaged in, that a threat is made
to the victim, and that the stalker intends to pursue the
victim. Other stalking laws only possess one or some of
these elements. One common element to definitions of
stalking though is that stalking is a course of conduct
engaged in over a period of time. This course of conduct
is one that is unwanted by the victim. Definitions vary
in how often stalking behaviors must be engaged in and
which behaviors must be displayed. Also, there are dif-
ferences in whether the stalker needs to have intended to
cause some type of harm to the victim and whether a
reasonable person would experience fear or some other
type of harm.
Clinical definitions of stalking (or obsessional
harassment,as is it also known in this field) tend to
focus on the repeated nature of the stalking behavior
and the fact that it is unwanted and causes distress to
the victim. The element of intent to cause fear or harm
is generally absent in such definitions. Therefore,
there is dissimilarity between some legal and clinical
definitions of stalking. This has led to the develop-
ment of various methods to reduce the problematic
behaviors displayed by stalkers. The disparity has also
led to research interest in areas such as profiles of
stalkers and victims, community perceptions, risk fac-
tors, and effectiveness of treatment approaches.

Stalkers
The demographic profile of a stalker is very different
from the typical offender profile. Stalkers are generally
much older than the typical offender and score higher on
intelligence measures than the average offender.
Stalkers are usually known to the victim, with a large

percentage being current or former partners of the vic-
tim. This is in contrast to the often popular perception
that victims of stalking are more likely to be pursued by
strangers. Stalkers are also overwhelmingly male, which
was demonstrated in a survey by Patricia Tjaden and
colleagues of 16,000 respondents in the United States,
with around 5% of these respondents having been
stalked. They reported that approximately 90% of vic-
tims in the sample had been stalked by a male.

Victims of Stalking
While men are more likely to be the perpetrators of
stalking, women are more likely to be the victims. In
the survey by Patricia Tjaden and colleagues, it was
found that approximately 80% of the victims were
female. This survey also noted that approximately 8%
of women had at some stage been stalked, with 2% of
men having being stalked during their lifetime. A sig-
nificant proportion of stalking victims are young
adults, with the majority under 30 years.
Other studies conducted with stalking victims have
investigated the impact of stalking. These consequences
have included psychiatric symptoms, as victims have
been known to develop a number of different disorders,
such as depression and anxiety, after being stalked.
There may also be an impact on victims’ social lives, as
stalking victims may be less likely to leave home as they
are fearful for their safety. Another impact of stalking
may be economic, as the victim may have to take time
off work to attend medical or psychiatric services or to
attend court hearings. Because of injuries suffered dur-
ing the stalking period, their functioning at work may
also be impaired.

Community Perceptions
of Stalking
In addition to research with victims, studies have been
conducted into how the community perceives stalk-
ing. If the community perceives stalking in a manner
different from the conception embodied in the legisla-
tion, then police resources may be misused, with
stalking incidents reported that do not fit legislative
requirements. Such a disparity might also lead to gen-
uine victims not having recourse to legal action as
they are not considered stalking victims according to
legislation. Thus, research into community percep-
tions of stalking may prove useful for examining the
potential effectiveness of legislation and for suggest-
ing changes to stalking laws.

754 ———Stalking

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