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Stalking
Stalking is a course of conduct directed at a specific person that would cause a reasonable person to feel fear. Unlike other crimes that involve a single incident, stalking is a pattern of behavior. It is often made up of individual acts that could, by themselves, seem harmless or noncriminal, but when taken in the context of a stalking situation, could constitute criminal acts.
In Washington State the crime of stalking is defined in RCW 9A.46.110
One of the tools that victims of stalking seek to protect themselves is a Civil Protection Order. To learn more about your options to file for a Stalking Protection Order visit our protection order site to better understand that process. RCW 7.105 governs Washington States Civil Protection Order process. The statute defines “stalking” as:
(a) Any act of stalking as defined under RCW 9A.46.110;
(b) Any act of cyber harassment as defined under RCW 9A.90.120; or
(c) Any course of conduct involving repeated or continuing contacts, attempts to contact, monitoring, tracking, surveillance, keeping under observation, disrupting activities in a harassing manner, or following of another person that:
(i) Would cause a reasonable person to feel intimidated, frightened, under duress, significantly disrupted, or threatened and that actually causes such a feeling;
(ii) Serves no lawful purpose; and
(iii) The respondent knows, or reasonably should know, threatens, frightens, or intimidates the person, even if the respondent did not intend to intimidate, frighten, or threaten the person.
There are three key elements of stalking
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A pattern of behavior
More than one incident builds a pattern.
Behaviors include a variety of tactics used by the stalker to cause fear. To learn more review SPARC (Stalking, Prevention, Awareness, and Resource Center) Identifying Stalking to help you identify relevant behaviors.
Are you worried about being stalked? Questions to ask:
- Is the offender following you, watching you, showing up unexpectedly, or communicating with you in ways that seem obsessive or make you concerned for your safety?
- Has the offender repeatedly initiated unwanted contact with you (for example, repeated phone calls, texts, messages, emails, gifts, etc. or through third parties)?
- Has the offender threatened you or done other things to intimidate you? What have they done that has frightened or alarmed you?
- Has the offender significantly and directly interfered with your life? Have they assaulted you while stalking, harassing, or threatening you? Have they forcibly kept you from leaving or held you against your will, caused you to have a serious accident, physically assaulted your friends or family members, or seriously attacked you in other ways?
Know your options. Speak to a victim advocate for help.
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Directed at a specific person
Stalking is directed at a specific person – the victim. However, stalkers often contact collaterals like victim’s family, friends, and co-workers as part of the pattern of behavior.
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Causes reasonable person to fear
Fear is contextual. What is scary for one person may not be scary for another. Asking victims to explain the context or the “why” behind the fear of certain behaviors help identify the fear.
Safety Planning and next steps for Stalking Victims
Stalkers can be unpredictable and dangerous. Whether in-person or through the use of technology, stalkers can use a variety of tactics to invade the lives of their victims.
- Trust your instincts. You know yourself and your situation better than anyone. Call for 911 for immediate assistance if you feel you are in danger.
- Create a safety plan, and update and change your safety plan as your situation changes or escalates.
- Visit SPARC Stalking Safety Plan online
- Visit The Hotline website to create your personal safety plan
- If you are concerned about online stalking visit techsafety.org
- Connect with an advocate.
- Visit our community resource page for advocacy resources.
- Consider filing for a Civil Protection Order – connect with our Protection Order Advocacy Program
- Document every incident using an incident log. Use this log when reporting incidents to law enforcement.
- Consider using this incident behavior log from SPARC.
- Alert trusted allies. Tell trusted friends, family, neighbors, coworkers, and/or HR departments to keep an eye out for suspicious activity and to keep your information private.
- End all contact. Sometimes this is easier said than done. Its important to notify stalker to no longer contact you, in writing if possible. Try not to answer calls or messages – any contact may encourage the stalker to continue.
- Take threats seriously – trust your instincts and call 911 for help if in immediate danger.