Stalking

Stalking as a Criminal Act

Although stalking may appear to be a new phenomenon, stalking behaviors have existed in some form for hundreds of years. It is only in the last 17 years the behaviors that constitute stalking have been recognized as criminal. Before its criminalization, instances of stalking brought to official attention were often dealt with by mental health professionals. In 1990, the first stalking legislation was instituted in California. A number of cases in which celebrities were stalked, and in some cases killed, by obsessed fans are surmised to have provoked the first law in California. However, stalking came to be recognized as occurring in a range of circumstances, including intimate relationships. Subsequently, all other American states introduced stalking laws (or laws proscribing harassment). Stalking laws have also been instituted in other countries such as England and Australia as well as in many Western European countries. Nevertheless, some stalkers are ultimately managed within the mental health system.

The Mental Health System and Stalking

Before stalking was recognized as criminal, the official response to those who committed stalking was to address their behavior within the mental health system. Some of the first studies of stalking examined stalkers who came into contact with this system. Such research has produced a number of different classifications or typologies of stalkers aimed at guiding approaches for treating the stalker. An example of a classification system used to categorize stalkers and their behaviors is that devised by Paul Mullen and colleagues. Stalkers are classified as rejected (the stalker engages in actions against the victim at the end of a relationship), intimacy seeking (the stalker tries to establish a romantic relationship with the victim), socially incompetent suitors (the stalker tries to establish a connection with the victim but their lack of social skills ultimately leads to their rejection), resentful (the stalker feels the victim has wronged them and wants the victim to feel afraid), and predatory (the stalker revels in the power they have over the person and may sexually assault the victim). [Page 754]Use of this system may permit predictions regarding the likely course of stalking and may lead to suggestions 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.

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