Document, Document, Document

When I was in high school, I used to abhor writing essays. They had to be a certain length, written in a certain amount of time, and I swear that by the time I was finished writing the paper, it felt like my hand was about to fall off. I knew it had to be done, but still, it was painful. Since then, I cringe whenever somebody wants me to write a five-page paper with a pen. The strange part is that I love to compose papers on a computer; maybe because it is a lot easier and less trying on your hand than writing with a pen.

When Melissa was stalking me, I sought advice from a few criminal justice professionals about what I should do to end this nightmare and get myself back to a somewhat normal life. In addition, I applied their advice to the information I found on the Internet about stalking. I remember accessing the website “End Stalking in America, (ESIA)” which had a wealth of information for me. One of the things that I remember this organization emphasizing was for victims to document anything and everything the stalker did to them, no matter how minor the incidents may seem. I let the information soak in, but it didn’t take long for me to cringe; it meant I had to take out that dreaded pen and paper to write these incidents. But, just like those dreaded high school term papers, it was something that needed to be done.

In this article, I will explain why documenting your stalker’s actions against you are such a crucial task. In addition, I will describe three ways to document what your stalker does. These, in turn, will help build and strengthen your case against your stalker to bring him or her to justice.

Stalking is defined as “the willful, malicious, and repeated following and harassing of another person that threatens his or her safety” (Meloy, 1998, p. 2). In order for this definition of stalking to be recognized by a court of law, three elements must be present. First, a stalker must engage in a course of conduct toward the victim that is unwanted and intrudes upon the victim’s personal life (Meloy, 1998). For example, the stalker could appear at the victim’s doorstep, or the victim’s workplace to harass them. Secondly, the stalker must implicitly (imply) or explicitly (verbally) threaten the victim (Meloy, 1998). Finally, as a result of these unwanted intrusions and threats, the victim must be placed in reasonable fear for their safety and the safety of others (Meloy, 1998). If any of these elements are present, and the police are notified, then the police can do something about it. If the stalker is simply following you or standing outside of your house, and did not commit an act that follows these elements, however, the police cannot charge him with a stalking crime.

If you were to properly document any and all encounters with your stalker, no matter how minor they are, it helps you build your case against your stalker. When the police are notified, you could present this evidence to the police. The police would recognize the fact that this individual is causing you problems and would be more likely to charge your stalker after several times of you notifying them (ESIA). Proper documentation increases the chances of your stalker being arrested and criminally prosecuted. However, you must be the one to collect the evidence (ESIA). But where should you start?

The first thing you should do is to keep and maintain a journal. This journal should document the chronology of events from the first day your stalking began up until the present moment (ESIA). This documentation should list the date of the incident, the time the incident occurred, the names of any witnesses who were present, and a very brief summary of what happened (ESIA). A journal entry might look something like this (you can arrange your journal entry any way you like, just as long as it has the date, time, witness’ names, and the summary): On January 15, 2007, at approximately 7:30pm, I, John Smith, witnessed my stalker, Jane Doe, arrive in front of my house in a blue, four door Chrysler Sebring. I observed Jane Doe approach my vehicle, which was parked in my driveway, and place a note on the right side of my windshield. When Jane left, I took the note off of my windshield. It read, “My love for you is eternal. The time will come when we will be together forever.”

When you write a journal entry, be sure to keep it simple, short, and to the point (ESIA). Most importantly, since your journal could be used as evidence in a court of law, you need to document everything truthfully (ESIA). One false statement could be grounds for a dismissal of your case, and could mean more trouble for you, both from the court and from your stalker.
Stalkers tend to pursue their victims because they believe you are the only one that cares about them. Stalkers tend to try anything and everything in order to get what they want: their victim. One thing they might do is call your home or your cell phone constantly throughout the day. When Melissa was stalking me, I remember her calling my cell phone several times a day. It becomes really annoying to see the same person’s name appearing on your caller ID, but most importantly, do not pick up the phone. Picking up the phone will only relay the message to your stalker that you want him or her back. If your stalker leaves a message on your answering machine, you need to document that too.

The most important thing you must do if the stalker leaves a message on your answering machine is to save the message. If your phone has speakerphone, you should transfer your message to a tape recorder to serve as a backup in case the original gets lost or damaged (ESIA). You should listen to the message and transcribe the message word for word (ESIA). This may be tedious, but it is important. You should also document the time and date that the call was received, and if you have caller ID, you should write down the phone number.
Stalkers sometimes vandalize property, send unwanted gifts, or leave notes on your vehicle. If this happens, and if you have a camera with you at the time, take pictures of the damage, gift, or note (ESIA). You must remember that you should not disturb the evidence before taking the picture. In other words, for example, if you find a note on your vehicle, take a picture of the note first before removing it from the windshield. BE SURE TO EXERCISE EXTREME CAUTION WHEN TAKING PICTURES BECAUSE IT MAY COMPROMISE YOUR SAFETY (ESIA).

“Building a stalking case is very much like putting a jigsaw puzzle together. In the end all the pieces of the puzzle will fit together” (ESIA, p. 2). The more documentation you have on your stalker, the easier it will be to prosecute him or her. Just remember to tell the truth, document everything (no matter how minor it may seem), and be careful not to place yourself in danger. If you follow these steps, the case against your stalker will be strong.

For more information about documenting your stalking, please visit the End Stalking in America website at www.esia.net.

RESOURCES:

Meloy, J. Reid. (1998). The Psychology of Stalking: Clinical and Forensic Perspectives. Academic Press: San Diego, California.

End Stalking in America. “Building Your Case: Knowledge is Power.” Accessed October 10, 2006 from: http://www.esia.net/Building_your_Case.htm


The stories that are told on this blog are true. The names have been changed to protect the true identities of those individuals involved. If you have any questions regarding this entry, please click on the envelope next to comments underneath this article. On the screen that appears, enter your name and your email address. Under "friend's email address" enter Senorgetman@yahoo.com. I will only accept emails under this fashion and I will try to respond as soon as possible. THIS WEBSITE BY NO MEANS OFFERS LEGAL ADVICE TO VICTIMS OF STALKING AND DOMESTIC ABUSE. IF YOU ARE CURRENTLY A VICTIM OF STALKING AND/OR DOMESTIC ABUSE, PLEASE CONTACT YOUR LOCAL LAW ENFORCEMENT AGENCY IMMEDIATLEY.