When Anti-Stalking Laws Fail
First off you as the victim must keep a log of all the times this person has followed you. Now you have your log of all the times the person has followed you. Take that written log down to the police. If you are lucky they will do something about it. If you live in a town like mine they will probably do nothing more than take an information report, if that much.
The reason they don't really do anything is that it is hard to prove. Yep even with your little log and even with witnesses , it is going to be hard to prove stalking since that other person is allowed to be in a public place. Does not matter that they followed you there. Public roads and public places equals legal stalking. Yes you are being stalked and it is scary but the anti-stalking law doesn't come into play with public places.
I know that in most places this is considered a crime. But if you live in an area where the cops don't want to enforce this part of the law , then you are in for a world of trouble.
What of the person going so far as to stand outside your home and stare at your house? Drive by constantly to see who is visiting with you and what not? Well once again you live on a public street and this does not constitute stalking. As long as they stay on the street or sidewalk you probably can't do a thing about it.
Now the stalker has you afraid to go anywhere or do to much of anything. This is exactly what the stalker wants to do: terrorize you and make you fearful. They now have all the power and unfortunately you have none. So what can you do when your own law enforcement won't protect you?
Well there is a thing called a restraining order. If the judge issues you a restraining order that can offer you some legal tool to use to protect yourself. With a restraining order make sure that you request that the person can not be within so many feet of you.
I did not get that one. All I got was that the person could not stalk, harass, molest or disturb my peace. Nor could the person enter the place where I reside. With this it has been ineffective. The person has continued to in my opinion violate the restraining order. She drives by my house, stands on the sidewalk staring at my house and has even barked at me a few times. Guess what according to the prosecutor and the police none of this is a violation of the restraining order nor a violation of any anti-stalking laws.
When going up against a prosecuting attorney to get someone charged with a crime against you, be prepared to get no where if you can not prove beyond a shadow of a doubt that what you are saying. With out physical harm done to you, the prosecutor may opt not to do anything if they feel they can not win.
There needs to be a more clear cut definition of stalking, harassing and such. By lawmakers creating more clear cut definitions of these laws than individual law enforcement agencies can not make their own interpretations of these laws. This allowing for more victims to be able to seek justice and feel safe again.
If you are like me and live in an area where you find that the law enforcement officers are not enforcing the law and court orders then you need to contact the attorney general's office for the state you live in. By contacting them you can show where the law enforcement agencies are becoming lax in enforcing the laws.
Don't stop at just contacting your law enforcement agency. Make sure to call or email your state congressman and state representatives. They are elected to protect the interest of the people so make sure they are aware of what is happening in your area.
By pulling together we can get the laws changed to better protect all individuals. Because right now the laws seem to be in place to protect the criminals that are preying on innocent people.
Published by Antoinette McGowan
I am a stay at home mother. I love writing. Many topics interest me when it comes to writing. View profile
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6 Comments
Post a CommentMy sister is being stalked by a man who she never sees. However, he has gone to her work with video of her... it seems he is trying to get her fired for "fraternizing with her boss"... she has done nothing wrong, except to be nice to this monster only to realize he was dangerous too late. This man has video of her in her home, on the beach, at her bank, etc. Local law enforcement has given her a restraining order, however, it only pertains to physical contact. she has been told that as long as he doesn't touch her what he is doing is with in the law... what now? she is going to lose her job... she has lost friends... she cannot date... and yet she is powerless to stop him
Anderson Cooper was hosting Larry King & stalking was the subject. One expert says if you are being stalked MOVE !
Danielle Thank you so much for sharing this with all of us. This is such a frustrating thing for alot of us and when there seems to be no protection it makes it worse. You gave very sound additional advice to all of us victims. Again thank you
First is to be very aware of your surroundings at all time. Document & save all evidence. Date it and put it in a plastic bag. Call law enforcement. Demand that they take a report. It may only be your side as your stalker may have taken off. But you want a record. If they don't take a record, file a citizen's complaint with the department.
Find out what laws yours state does have available. Call all of your domestic violence organizations and see what information and assistance they have available.
Be willing to make changes in your life to keep safe. This is the hardest one for many women I have met. They feel they should not have to alter their life. I feel the same way, but to feel safe is my priority for me, for my family.
It's better to not replace your telephone number if you are getting those weird calls. Cutting the connection with your phone is doing two things. First it's getting rid of your collection of evidence and it also will irritate your stalker. It is really hard for stalking victims as your life has to be changed to some extent to try to get the stalker to leave you alone. Many women if they have been face to face with a person that seems to raise a red flag for them have a hard time being upfront right away. Such as saying. "I do not find contact with you comfortable." I want you to stop: calling me, showing up etc. The longer something like these seemly annoyances goes on, the harder it will be to get the person to stop. It's like a rush.
When Anti-Stalking Laws Fail
As a long term stalking victim I know how hard it is to get help and if you get any, you are so gosh darn grateful that anyone even takes you seriously.
I've been writing state legislation to address protections for victims of violence, in particular DV, Stalking and Sexual Assault. I believe that California has more laws on the books than any other state to help victims/survivors.
It is imperative that the victim keeps very detailed documentation and any evidence they can.. Also if you see something out of the ordinary, take a camera (you should always have on in your purse or nearby) and snap a picture. Use your cell phone camera if that is all you have at that time. It may be a car that is parked near you all the time. Perhaps no one is inside. It does not hurt to take a picture as you pretend you are walking past it, turn around and take a picture of the license plate. Never delete your phone messages, they are evidence. Same with e-mails. It'