Manual for Law Enforcement Agencies

181 Pages·2009·8.77 MB·English

Manual for Law Enforcement Agencies:
Stalking and Sexual Assault

within the

Context of Domestic Violence

prepared by

WASPC Project Staff:

Dawn Larsen, Director of Projects
Teri Herold-Prayer, Program Research Assistant

This manual is a cooperative effort by the:

Washington Association of Sheriffs Office of Crime Victims Advocacy
and Police Chiefs (WASPC) (OCVA)
Department of Commerce
3060 Willamette Drive NE 906 Columbia St. SW
Lacey, WA 98516 Olympia, WA 98504
Phone: [phone] Phone: [phone]
Fax: (360) 486 – 2381 Fax: [phone]
Website: www.waspc.org Website: www.ocva.wa.gov

Donald G. Pierce Beverley Emery
Executive Director Managing Director

This project was supported by Grant No. 2005-WE-AX-0132 awarded by the Office on Violence Against Women,
U.S. Department of Justice
This project was supported by Grant No. 2005-WE-AX-0132 awarded by the
Office on Violence Against Women, U.S. Department of Justice. The opinions,
finding, conclusions, and recommendations expressed in this
publication/program/exhibition are those of the author(s) and do not necessarily
reflect the views of the Department of Justice, Office on Violence Against
Women. Grant funds are administered by the Office of Crime Victims
Advocacy, Washington State Department of Community, and Trade and
Economic Development.
- Leave Page Blank -
ACKNOWLEDGMENTS

THE MANUAL FOR LAW ENFORCEMENT AGENCIES:
STALKING AND SEXUAL ASSAULT IN THE CONTEXT OF
DOMESTIC VIOLENCE is one of the outcomes of a two year
project funded by the Department of Justice, Office of Violence
Against Women. The project was a collaborative effort including
the Washington Coalition of Sexual Assault Programs, the
Washington State Coalition Against Domestic Violence, the
Washington Association of Prosecuting Attorneys, the Mount
Vernon Police Department, and the Clark and Kitsap County
Sheriff’s Offices. The grant managing agency was the Office of
Crime Victim Advocacy within the Washington State Department of
Commerce.

Project partners included: Clark County Prosecuting Attorney’s
Office, Clark County Sheriff’s Office, Vancouver Police
Department, YWCA of Clark County, Kitsap County Prosecuting
Attorney’s Office, Kitsap County Sheriff’s Office, YWCA of Kitsap,
Kitsap Sexual Assault Center, Skagit County Prosecuting
Attorney’s Office, Mount Vernon Police Department, Skagit
Domestic Violence and Sexual Assault Program, Washington
Association of Prosecuting Attorneys, Washington Association of
Sheriffs and Police Chiefs, Washington Coalition of Sexual Assault
Programs, Washington State Coalition Against Domestic Violence,
National Stalking Resource Center, and the Washington State
Office of Crime Victims Advocacy.

This manual would not be possible without the cooperation and
active participation of all the mentioned agencies.
HMOcFMarIlCaInDe Ee tS aTlU. /D SIETSA /L KNIoNvGem AbNerD 1 F9E99MICIDE
Stalking and Intimate
Partner Femicide
JUDITH M. MCFARLANE
Texas Woman’s University
JACQUELYN C. CAMPBELL
Johns Hopkins University
SUSAN WILT
New York City Department of Health
CAROLYN J. SACHS
University of California Los Angeles
YVONNE ULRICH
University of Washington
XIAO XU
Johns Hopkins University
An18-itemstalkinginventoryandpersonalinterviewswithknowledgeableproxyinfor-
mantsandvictimsofattemptedfemicidewereusedtodescribethefrequencyandtypeof
intimatepartnerstalkingthatoccurredwithin12monthsofattemptedandactualpart-
nerfemicide.Onehundredforty-onefemicideand65attemptedfemicideincidentswere
evaluated. The prevalence of stalking was 76% for femicide victims and 85% for
attemptedfemicidevictims.Incidenceofintimatepartnerassaultwas67%forfemicide
victimsand71%forattemptedfemicidevictims.Astatisticallysignificantassociation
existedbetweenintimatepartnerphysicalassaultandstalkingforfemicidevictimsas
wellasattemptedfemicidevictims.Stalkingisrevealedtobeacorrelateoflethalandnear
lethalviolenceagainstwomenand,coupledwithphysicalassault,issignificantlyassoci-
atedwithmurderandattemptedmurder.Stalkingmustbeconsideredariskfactorfor
both femicide and attempted femicide, and abused women should be so advised.
Stalking, as defined in the National Violence Against Women
(NVAW) survey (Tjaden & Thoennes, 1998), includes repeated
AUTHORS’NOTE:Theresearchreportedinthisarticleissupportedbyagrantfrom
CDC/NIJ/NIDA/NIMH,RO1DA/AA11156.Ourthankstothefollowingagenciesand
peopleforunflaggingsupportinthecompletionofthisresearch:HoustonPoliceDepart-
ment,HomicideDivision,especiallyCapt.RichardHollandandLts.AllenHarrisand
Steve Jet; Family Criminal Law Division of the Harris County District Attorney’s Office,
HOMICIDE STUDIES, Vol. 3 No. 4, November 1999300-316
© 1999 Sage Publications, Inc.
300
McFarlane et al. / STALKING AND FEMICIDE 301
(e.g.,twoormore)occasionsofvisualorphysicalproximity,non-
consensualcommunication,orverbal,written,orimpliedthreats
that would cause fear in a reasonable person. Using this defini-
tion, the results of the NVAW telephone survey of 8,000 U.S.
womenand8,000U.S.menfoundthat1%ofthewomenand0.4%
of the men reported being stalked during the preceding 12
months.
TheNVAWsurveyconfirmedthatmostfemalevictimsknow
thestalker;only23%offemalevictimswerestalkedbystrangers.
Overall,62%offemalevictimswerestalkedbyacurrentorformer
intimate partner, with 38% of the women reporting stalking by
currentorformerhusbands,10%bycurrentorformercohabiting
partners, and 14% by current or former dates or boyfriends.
Acquaintancesandrelativescomposedtheremaininggroupsof
nonintimate, nonstranger stalkers. Stalking by an intimate part-
neroccurredbeforetherelationshipendedfor21%ofthewomen,
aftertherelationshipendedfor43%,and36%ofthewomensaid
stalking occurred both before and after the relationship ended
(Tjaden & Thoennes, 1998).
Stalking and Intimate Partner Assault
Eighty-one percent of the women in the NVAW survey who
werestalkedbyacurrentorformerhusbandorcohabitingpart-
nerwerealsophysicallyassaultedbythesamepartner(Tjaden&
especiallyChiefProsecutorCindyMerrillandSocialWorkerJenniferVarela;Baltimore
CityHomicideDepartment,especiallyLt.WilliamRobbins;CathleenBarenskifromthe
JohnsHopkinsUniversitySchoolofNursing;OfficeoftheChiefMedicalExaminerforthe
NewYorkCityDepartmentofHealth,especiallyDr.CharlesHirsh,chiefmedicalexam-
iner,andDavidSchomburg;LosAngelesPoliceDepartment,especiallyDetectiveTim
Williams;LosAngelesSheriff’sDepartment,especiallyLt.FrankMerriman;Wichita,Kan-
sasPoliceDepartment,especiallyCapt.PaulW.DotsonandLt.KennethF.Landwehr;
KansasCity,Kansas,PoliceDepartmentandtheOfficeoftheDistrictAttorneyespecially
DistrictAttorneyNickTomasic,ChiefDeputyDistrictAttorneyMaryAnnSlattery,and
DomesticViolenceAdvocatePattyDill;KansasCity,Missouri,PoliceDepartment,espe-
ciallyCapt.JosephChapman,Capt.CheriReid,andJacksonCountyProsecutingAttorney
ClaireMcCaskil,ProsecutingAttorneyTeresaE.Crayon,andDomesticViolenceAdvo-
cateDorisCanon;KingCountyProsecutor’sOffice,especiallyDistrictAttorneyNorm
Maleng,SeniorDeputyProsecutingAttorneyRobinFox,VictimAdvocateMaryA.Kirch-
ner,ChiefNormStamper,Lt.RonCondor,ChiefJacksonBeard,Capt.CarolCummings,
andSgt.JimGraddon;NancyCherry,directorofnursing,Seattle-KingCountyDepart-
mentofPublicHealth,ChiefMedicalExaminerDonaldT.Reay,M.D.,andMr.JonNaka-
gawara,Sr.,administrativeassistant,MedicalExaminerDivision.WealsothankResearch
AssistantsPamWillsonandChristianGiangreco.Finally,aspecialthanksisextendedto
theproxyinformantsandsurvivorsofattemptedfemicidewhosharedtheirexperiences.
302 HOMICIDE STUDIES / November 1999
Thoennes,1998).Thissupportsotherstudiesthatreportstalkers
aremorelikelytobeviolentiftheyhavehadanintimaterelation-
ship with the victim (Coleman, 1997; Meloy, 1998). In addition,
theNVAWsurveyconfirmedthelinkbetweenstalkingandcon-
trolling behavior. Ex-husbands who stalked were significantly
morelikelythanex-husbandswhodidnotstalktoengageinemo-
tionally abusive (e.g., shouting and swearing) and controlling
behavior(e.g.,limitingcontactwithothers,jealousy,andposses-
siveness). These same emotionally abusive and controlling
behaviorsclearlyoccurwhenwomenareassaultedbytheirinti-
mate partners (Klein, Campbell, Soler, & Ghez, 1997).
In 1996, women in the United States were victimized by inti-
matesinabout840,000incidentsofrape,sexualassault,robbery,
aggravatedassault,andsimpleassault.Thehighestpercentageof
intimateviolencewasamongwomenaged16to24(Greenfeldetal.,
1998),parallelingtheresultsoftheNVAWsurvey,whichfound
that 52% of the female victims of stalking were 18 to 29 years of
age.Thus,astrongconnectionappearstoexistbetweenintimate
partner stalking and assault, with younger women more often
victimized (Office of Justice Programs, 1998).
Althoughmanymorebatteredwomenarestalkedbytheirper-
petratorsthanareactuallykilled,itremainsunclearwhowillbea
stalkerandwhatrelationshipstalkingbehaviorhaswithseverity
ofinjuryordeathofthevictim.However,theinformationthatis
available suggests that stalkers are worthy of attention because
they are a potentially dangerous group. For instance, some
expertsonabusewarnthatthemostdangerousperpetratorscan
be identified by their stalking behavior (Hart, 1988), and psy-
chologists believe that stalking behavior and obsessive thinking
are highly related behaviors (Meloy, 1996). One study that pro-
filedperpetratorsofdomesticviolencebythepresenceorabsence
of stalking behavior, found stalkers, compared to nonstalkers,
tendedtolivealone,werelesslikelytobemarried,andusedmore
alcohol(Burgessetal.,1997).AprofileofstalkersbyMeloy(1998)
notedthatatleastonehalfofstalkersexplicitlythreatentheirvic-
tims,andalthoughmostthreatsarenotcarriedout,theriskofvio-
lenceincreaseswhenthereisaverbalthreat.Meloyfurthernoted
thatthefrequencyofviolenceamongstalkerstowardtheperson
being stalked averages in the 25% to 35% range, with the most
McFarlane et al. / STALKING AND FEMICIDE 303
likelygroupofstalkerstobeviolentbeingthoseindividualswho
have had a prior sexually intimate relationship with the victim.
Authors agree that most victims of stalking suffer major life
disruptions and serious psychological effects including anxiety,
depression,andsymptomsoftrauma(Hall,1998;Pathe&Mullen,
1997).Ithasbeenrecommendedthatstalkingbeconsideredarisk
factorforfurtherphysicalabuseoralethalincidentjustbyvirtue
ofthetenaciousproximity-seekingtowardthevictim,especially
ifthestalkingoccursincombinationwithotherhighriskbehav-
iors (Walker & Meloy, 1998).
Prevalence and Perpetrator
Characteristics of Intimate Femicide
Women are more likely than men to be murdered by an inti-
mate partner. In 1996, nearly 2,000 murders were committed by
intimates,andinalmost3outof4ofthesekillings,thevictimwas
a woman (Greenfeld et al., 1998). Women are more likely to be
killedbyanintimatepartnerthanbyallothercategoriesofknown
assailants combined (Browne & Williams, 1993; Kellerman &
Mercy,1992).Overthepasttwodecades,womenaccountforan
increasinglygreaterproportionofpersonskilledbyanintimate.
According to a Bureau of Justice Statistics report (1994), in 1977
54%ofthevictimskilledbyanintimatepartnerwerefemales.By
1992, the proportion of female victims killed by intimates had
increasedto70%.Inaddition,Greenfeldetal.(1998),tracinginti-
mate murders since 1976, documented a decrease in intimate
murdersamongmen,Blacks(bothmaleandfemale),andformur-
dersinvolvingfirearms.However,thenumberofWhitefemales
murdered by a nonmarital intimate has shown an increase in
fatalitiesbetween1976and1996(theauthorsofferednoexplana-
tion for the racial differential).
Partner femicides are frequently preceded by domestic vio-
lence and may involve the woman’s recent separation from the
relationship(Arbuckleetal.,1996;Campbell,1992;Ellis&DeKe-
seredy, 1997). Felder and Victor (1997), for instance, estimated
that between 29% and 54% of female murder victims (i.e., femi-
cides) are battered women. Similarly, Moracco, Runyan, and
Butts’s(1998)studyof586femicidesinNorthCarolinabetween
1991 and 1993 document that 76.5% of partner femicides were
304 HOMICIDE STUDIES / November 1999
precededbyphysicalassault.Inotherresearch,maleperpetrator
behaviors that are repeatedly associated with partner femicide
include perpetrator gun access and prior use, threats to use a
weapon, previous serious injury inflicted toward the victim,
extreme jealousy, threats of suicide, and drug and/or alcohol
abuse (Bailey et al., 1997; Block & Christakos, 1995; Campbell,
1995; Moracco et al., 1998; Smith, Moracco, & Butts, 1998).
Prevalence and Perpetrator Characteristics
of Attempted Intimate Femicide
Littleisknownabouttheprevalenceandperpetratorcharacter-
isticsofattemptedfemicide.ArecentreportusingBureauofJus-
tice statistics estimated that between 1992 and 1996, 51% of all
female victims of partner violence were injured, with approxi-
mately0.5%sufferingagun,knife,orstabwound(Greenfeldetal.,
1998). The same report estimated about 1 million women are
injuredbyanintimatepartnereachyearandanadditional1mil-
lionareassaultedbutnotinjured.Usingthe0.5percentageofgun,
knife, and stab wounds, this would indicate upward to 5,000
women each year experience serious, life-threatening violence.
Astratifiednonprobabilitysampleof91hospitalsintheUnited
Statesthathaveatleastsixbedsandprovide24-houremergency
servicerevealedtherateofnonfatalfirearminjuriestreatedtobe
2.6timesthenationalrateoffatalfirearminjuries(Annest,Mercy,
Gibson,&Ryan,1995).Thisratioof2.6nonfatalto1fatalinjuries
wasthesameformalesandfemalesaged15to24years;however,
theratioofnonfataltofatalgunshotwoundsforAfricanAmeri-
can males and females aged 15 to 24 years was 4.1:1 and 4.3:1,
respectively.Furthermore,57%ofthesenonfatalfirearmwounds
required hospitalization.
Therearefewpublishedreportsthathavedescribedthepreva-
lence of nonfatal firearm and stab wound injuries specific to
abused women. However, a study of 329 pregnant Hispanic
women revealed that 11% reported a knife or gun used against
them within the last 12 months by the male intimate (Wiist &
McFarlane, 1998). Another study of 90 abused women filing
assaultchargesagainstanintimaterevealed24%hadexperienced
aknifeorgunusedagainstthemwithinthepreceding3months
(McFarlane,Willson,Lemmey,&Malecha,inpress).Womenwho
McFarlane et al. / STALKING AND FEMICIDE 305
report a weapon used against them also report significantly
higherlevelsofphysicalabuseaswellashigherscoresonalethal-
ity assessment scale (McFarlane, Soeken, et al., 1998).
Stalking Preceding Actual and
Attempted Intimate Femicide
Althoughtheliteratureissparse,itappearsthatwhenstalking
occursinconjunctionwithintimatepartnerviolence,itmayend
insevereviolenceand/orpossiblefemicide(Lingg,1993;Pathe&
Mullen,1997;Perez,1993).Yet,estimatesofthislinkageisvirtu-
allyabsentfromtheliterature.Intheonlystudyfoundthatmakes
anexplicitattempttodoso,Moraccoetal.(1998)foundthatof586
femicidevictimsinNorthCarolina,halfweremurderedbyacur-
rentorformerpartner;ofthese,23.4%hadbeenstalkedpriorto
thefatalincident.Nostudieswereidentifiedthatassessedstalk-
ing for attempted intimate femicide victims. Thus, a clear need
exists for further research into this area.
The Present Research
Thepurposeofthisstudyistodescribethefrequencyandtype
of intimate partner stalking that preceded both attempted and
actualpartnerfemicideinamultisitenationalstudyofriskfactors
for femicide in violent intimate relationships. The results
reportednextderivefromanongoingresearchproject,RiskFac-
tors in Violent Intimate Relationships, the aim of which is to
examine risk factors for serious nonlethal and lethal violence
against women by their intimate partners. The authors examine
theextenttowhichstalkingisapotentialriskfactorofattempted
and actual intimate partner femicide.
METHOD
Sample
Thesedescriptivedataarepartofa10-citystudytodetermine
theriskfactorsofactualandattemptedintimatepartnerfemicide.
Thesampleforthisreportisdrawnfromtheclosedpolicerecords
of these U.S. cities: Baltimore; Houston, Texas; Kansas City,