Stalking and International Issues
Stalking and International Issues CMLGY 3301 31
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This 7 page Class Notes was uploaded by Gina on Thursday October 6, 2016. The Class Notes belongs to CMLGY 3301 31 at Fairleigh Dickinson University taught by Megan Sacks in Fall 2016. Since its upload, it has received 3 views. For similar materials see Women and Crime in CRIMINOLOGY at Fairleigh Dickinson University.
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Date Created: 10/06/16
STALKING Stalking is not a new thing, but calling it a crime is somewhat new to our system 30 – 40 years ago, it wasn’t considered a crime Stalking is a course of unwanted conduct aimed at a specific person that causes a reasonable person to feel fear Actions that could make people feel fear are o Being followed o Waiting for the person at the place you know they’re going to o Being everywhere you are o Knowing the person’s routine o Unwanted phone calls/texts – Any unwanted contact o Unwanted presents o Showing up at your home/work unwanted and uninvited o These acts were dismissed for years by law enforcement until 1990 o The first anti stalking legislation was passed in California in 1990 following the death of Rebecca Schaeffer Rebecca Schaeffer was an upcoming actor on a show called My Sister Sam A fan, Robert Bardo, became obsessed with her He hired a PI to find where she lived Bardo showed up at her home and killed her He was sentenced to life in prison o This case caused the legislation to be written because it was a very public one o Victims of stalking are usually female, but the number of males is on the rise o Most stalking victims know their stalker, it’s an personal crime o Many women who end volatile relationships may be stalked and harassed by their abuser o It can occur during and after a relationship o It will be heightened after the end of a volatile relationship o This is an escalating crime o Dominic Dun wrote about celebrities he felt evades justice He daughter was an actress She became involved with a chef and they moved in together very quickly The relationship became abusive very quickly She left him after he tried to smash her head into the floor and try to strangle her Her ex started stalking her after the relationship was cut off He showed up at her house while she had a guest over She went outside to talk to him, and he strangled her He was sentenced to 6 years but served only a few of them, and quickly went back to being a chef to the celebrities Dominic dedicated his life to bringing this many to justice o These two cases we hugely influential in the criminalization of stalking o Cyberstalking is using technology to stalk people This allows stalkers to be even more cowardly, they don’t even need to leave their homes to stalk someone Cyberstalking include harassing people via social media, sending unwanted messages, accessing and releasing their personal information o There are 3 types of cyberstalkers Vindictive – usually either former partners or someone who has been rejected by the victim, this usually follows a romantic relationship Intimate – these are people who are stalking their victim to get closer to them, because they want to establish a relationship with them. They will misconstrue any contact as progress towards the relationship. These stalkers are delusional, and usually have some type of mental illness. Resentful – as scary as the vindictive, they are seeking to stalk their victim for revenge. They are stalking their victim for the express purpose of inflicting harm on them. o All of these types of stalkers have the ability to escalate, vindictive and resentful stalkers tend to escalate faster than intimate o Jodi Arias is a prime example of a famous female stalker o All 50 states and the federal government have stalking and harassment laws Many of these states have a number of cyberstalking laws These are very well defined laws when it comes to stalking The problem with cyberstalking is that it’s online – the direct and credible threat is harder to define o It’s also hard to determine jurisdiction (the stalker and victim may be in completely different places) Some people have claimed that the freedom of speech negates the claims of stalking It’s hard to determine what conduct should be outlawed Unless the person outright threatens their victim, it’s hard to convict There isn’t a comprehensive, uniform set of laws for this case Sexual Harassment The case of Anita Hill brought the issue of sexual harassment to public o Anita Hill worked for Clarence Thomas o Clarence Thomas was elected by Bush Sr. to replace Thurgood Marshal (the first black supreme court justice) – he thought he would make a very good replacement o They thought he had a clean background o 1991 – During Clarence’s confirmation hearings, Anita came forward and said that he had sexually harassed her for years while they were working for the Equal Opportunity Employment Foundation Clarence had asked Anita out, as her superior, repeatedly and she turned him down When it was clear that she wasn’t going to date him, he began making explicit sexual remarks around her in an effort to make her uncomfortable They painted Anita as a vindictive woman who didn’t want to see a man advance (this only happened because Thomas’ supporters were more powerful) The court dismissed Hill’s allegations and Thomas was appointed The only good thing that came from this situation is that it brought sexual harassment to the forefront as a very important issue It is considered a civil rights issue, and there are now serious repercussions for sexually harassing someone o Feminist lawyer Catherine Macininie She was the first person to successfully argue that sexual harassment was a discrimination based on gender Sexual harassment can now be tried as civil cases o Landmark Case: Maritor Savings Bank v Vinson 1986 Michelle Vinson was an employee at this bank, and was fired She sued for sexual harassment She claimed she was fired because she would not continue a sexual relationship with an higher up The harassment was ruled as discrimination based on gender, and was covered by Title 9 INTERNATIONAL ISSUES IN VICTIMIZATION Honor Killings o Honor killing – the murder of a woman by a male family member in order to gain back the honor that the woman has taken from the family This is a way for men to preserve the honor of the family and other families These killings usually happen in areas where women are treated as property o They are expected to listen to whatever male family members say 5000 people per year are killed in honor killings, but this is definitely low Prominent in the middle east, particularly Turkey, Lebanon, Pakistan, India In some countries, honor killings have been ‘outlawed’, but the laws aren’t really enforced o It’s a cultural expectation that men will ‘handle’ their familial disgraces and dishonors o Reasons for this include Being too western Being too vocal about their rights Perceived slights on the family Rape victims are usually victims of honor killings Rejecting an arranged marriage Speaking with men outside of the family or outside of their arranged marriage o Methods for honor killings are usually…. Acid Burning Beheading Drowning Stoning Culturally, these murders aren’t dissimilar to instances of killings in America, like if a man were to kill a woman he feels as disrespected him o We view their killings as reprehensible, but our culture’s killings are also reprehensible to them o International courts handle crimes against humanity o They may not be able to outlaw honor killings completely, but they’re supposed to hold nations that have outlawed them responsible The are a cultural occurrence, and it’s difficult for other countries to intervene It’s very difficult to change a cultural value – these cultures have accepted violence against women for thousands of year Human Trafficking o Human trafficking – the forced labor through coercion, force, or fraud of individuals for purposes of prostitution, domestic servitude, and other forms of involuntary servitude o This is the fastest growing criminal enterprise in the world About 4 million people are trafficked per year – and this is a low estimate In revenue, it is estimated that human trafficking produces $30 billion per year – this is also low o There are two main categories Forced labor – this can be anything from working in factories, sweatshops, and farms, and can cover instances all the way to forced domestic servitude within the home o This also includes child soldiers being forced to fight Sex industry – this is forced prostitution o This is the more controversial area, This is because many people who are forced to act as prostitutes are treated as criminals themselves People do not acknowledge that these women were not doing this voluntarily In many cases, these victims will be treated worse than prostitutes in America Reasons for human trafficking include… o Cheap labor o Extreme poverty o Production of guns o The demands for labor have increased because NAFTA has made trade free o Poor familial ties or support systems in general There are certain hubs that become key for trafficking, due to These conditions include… o Extreme poverty o Political or economic instability o Areas that suffer from gender inequalities o Areas with corrupt law enforcement o Documentation is not required in every area An example of this hub is the previous Soviet Union – o Their politics and economy changed when communism fell o Many orphans were left behind Many methods of bringing people into trafficking rings include… o False promises – many victims are promised jobs, and when they arrive for their job, they are thrown into the trafficking rings o Violence o Coercion o The US passed the Trafficking Victims Protection act in 2000 to combat human trafficking This act is severely flawed – there are substantial limitations Temporary visas can be given, but they’re very limited and not everybody gets them o This means the victims are often sent back to the nexus of their abuse, putting them in danger There isn’t enough services to help victims – these people are traumatized and they need help These cases are hard to prosecute This is a crime where prevention is necessary o Educational campaigns to educate people on the methods of abduction and coercion We need to improve our laws on visas and residency need to be stricter with victims, these people need to be protected And lastly these laws need to be enacted thoroughly
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