Cyber stalking as an increasing form of domestic violence stalking
In California, domestic violence laws apply to all crimes committed against one’s intimate partner. An intimate partner is the person with whom one has children, the person with whom one lives, a spouse or former spouse, a significant other or a former significant other. The laws apply to all partners, regardless of their sexual orientation. Because of these laws, if an individual follows or harasses and makes a credible threat against his or her intimate partner, he or she will be charged with stalking as a domestic abuse crime. A “credible threat” is a threat that is intended to place its recipient in fear and has the apparent ability to be carried out. If the form of the threat is communicated electronically, either through the Internet, an e-mail or via any other electronic communication device, the charge will be referred to as cyber stalking and the defendant will face significant jail or prison time and a host of other probationary requirements which are the consequences imposed in a stalking conviction.
Cyber stalking is a growing problem in this nation. It is not another form of stalking, it is simply one way to stalk an intimate partner. Evidence suggests that the majority of cyber stalkers are men stalking women, however there have been cases where the cyber stalkers are either women stalking men or persons of the same sex cyber stalking each other. Unfortunately, the Internet has made stalking easier for an individual, who may otherwise have been unwilling or unable to confront an intimate partner in person, to threaten, terrorize or harm that partner. The privacy that one has when writing an e-mail or when using the computer encourages an individual to freely send harassing or threatening messages without physically confronting his or her victim. In addition, a cyber stalker isn’t limited by proximity to his or her intimate partner, as electronic communications can be sent across the street or across the world.
Although cyber stalking can be relatively harmless, even when extremely aggravating – an example is if the cyber stalker regularly infects his or her intimate partner’s e-mail with viruses – it can also be even more alarming and potentially dangerous than offline, in-person stalking. A cyber stalker could pose as his or her intimate partner on different websites or chat-rooms, and post statements and/or personal information that may elicit horrifying responses and/or actions directed at the intimate partner. For example, the first cyber stalking case prosecuted in Los Angeles involved a man who posed as his victim, posting her address and telephone number on a variety of websites, claiming that she fantasized about being raped. As a result, many men went to her house to fulfill that fantasy. Clearly, the anonymity that the Internet provides can prove deadly to a stalking victim. The inability to readily identify the cyber stalker could be excruciatingly frustrating to the victim and may further encourage the stalker to continue his or her behavior on a more regular basis, using more methods and in more frightening ways.
When charged with cyber stalking an intimate partner, it is imperative that the accused contacts a criminal defense lawyer who has experience with stalking and all of the evidentiary issues and defenses that coincide with this crime. The outstanding attorneys at the Kavinoky Law Firm specialize in intimate partner abuse crimes, including stalking an intimate partner, and will aggressively defend their clients with skill and integrity. They know that most crimes of domestic violence arise out of highly charged, emotional relationships that always reveal at least two sides to the story and will ensure that their client’s version is considered by all. One’s reputation, family and freedom are too important to trust to an inexperienced attorney. Click here for a free consultation.
