Definition and Explanation
Stalking Persistent, distressing, or threatening behavior consisting of at least two elements: the actor must repeatedly follow the victim and must engage in conduct that annoys or alarms the victims and serves no legitimate purpose.
Introduction to the Forensic Considerations of Stalking
Stalking refers to the willful, malicious, and repeated following and harassing of another person that threatens his or her safety. It is referred as obsessional follow- ing, but unlike an obsession, the most common prohibited act (following) is volun- tary, planned, and gratifying to the fervent stalker. It is very common for stalking victims to report flashbacks, nightmares, loss of appetites, depression, and suicidal thoughts. Many come to suffer from adjustment disorders and even post-traumatic stress disorder. They turn vigilant and easily frightened after these events take place.
These results can be disabling to the victim.
Most stalkers are not violent. Weapons, if an attack does occur, are more often used to assert power and control than to inflict physical harm upon the victim.
Homicide is rare, but it does occur in stalking cases from time to time.
A fervent and increasingly intrusive relation, a step prior to stalking, is a repeti- tive harassment behavior that threatens the victims’ safety.
Case 13a: Stalking and the Intentional Infliction of Emotional Pain
Diagnosis to consider: adjustment disorder with mixed anxiety and depressed mood, chronic. This condition is characterized by a psychological response to an identifiable stressor that results in the development of clinically significant
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emotional or behavioral symptoms. The symptoms must develop within 3 months of the onset of the stressors. It is also marked by significant impair- ment in social or occupational functioning. By definition, adjustment disorder must resolve itself within 6 months of the termination of the stressor. The symp- toms may persist for a prolonged period of time (longer than 6 months), if they occur from a chronic stressor. The mixed anxiety and depressed mood subtype should be used when the predominant manifestation is a combination of depres- sion and anxiety.
I was asked to consider the following questions: Was Ms. Russo psychologically afflicted by the verbal expressions and demeanor of Mr. Alonso? Is she still affected?
What is her diagnosis, treatment recommendation, and estimated cost for this and the prognosis overall?
Mr. Alonso was the building manager and had the right and ability to enter the building apartments and to impose fees and charges against tenants. However, he could not discriminate against others based on gender. Three days after moving into the apartment, Mr. Alonso began to demand that Ms. Russo cook him dinner. He also demanded that she invites him to her apartment. Some months later, he began to remark on her body, telling her that her “tits and ass are looking good.” Mr.
Alonso used the security cameras to zoom in on her at the building pool, while she was there in a bikini. He would withhold or alter building privileges as punishment for her not complying with his requests, such as towing her car.
He would also give her detailed accounts of his sexual encounters with other women. He informed her that there were complaints from other tenants about her moaning and multiple sex partners, but no documentation was ever provided.
Ms. Russo made it known to Mr. Alonso that she did not welcome or desire his actions, by telling him “never” or refusing to respond. In September 2003, Ms.
Russo formally complained to Mr. Alonso’s boss. She felt offended and harassed.
She felt fear, emotional distress, and physical illness. She would have severe pain in her stomach and vomit. However, despite this complaint, Mr. Alonso was not removed from his position, and his presence had a greater negative effect on Ms.
Russo. Ms. Russo sustained emotional and psychological distress, harm and embar- rassment, and loss of self-esteem and status.
Ms. Russo began to have nightmares and to run from the garage to her apartment.
She also dreaded calling the office and facing his comments.
In April, while informing her that he needed to have a key to her apartment in his office to complete some repairs in her apartment due to water damage, he informed her that the “maintenance men were eager to sniff her underwear.” Later that sum- mer, he demanded that Ms. Russo come to his office to get a parking sticker or he would tow her car. He then took the opportunity to demand that she cook him din- ner, and when she declined, he told her that he would be “getting laid” later and that she was “looking fat.”
Ms. Russo formally complained about both forms of harassment, abuse of power and sexual harassment, in September. This was after Ms. Russo needed Mr. Alonso to help her solve the problem of water ruining her living room floor. After this point, Ms. Russo began to have nightmares about being assaulted by Mr. Alonso.
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Learning that Mr. Alonso was not going to be relieved of his duties, Ms. Russo reacted with intense gastrointestinal symptoms and other psychological concomi- tant symptoms of anxiety, nightmares, fear, and hyper-vigilance. She has a history of infectious mononucleosis and fibromyalgia. It is stated that her psychological and psychosomatic symptoms developed as a result of the harassment and would not be relieved until Mr. Alonso was removed from the premises. She suffered from fatigue, anergia (lack of energy), muscular and stomach pain, anxiety, and limitation of overall functioning.
Ms. Russo explained to me that Mr. Alonso is no longer allowed to be in contact with her, after she complained to his boss in September. After this, she would hardly see him, but she was afraid of secretly being watched by him. She would have intense fear of him jumping out from behind something and beating or raping her.
She explained to me that he made her feel violated and instilled a fear that he could enter her home at any point. She no longer used the pool facilities since he watched her on the security camera.
Ms. Russo’s nightmares were occurring three times a week. She had her cousin sleep over four times during the 6 months prior to our interview. She was more frightened after the complaint was launched than before.
The examinee was 20 years old when she had her first sexual encounter. She mentioned that it had always been an enjoyable experience for her, but during her last relationship, which lasted until August 2003, her sexual interest had declined.
Her boyfriend knew about her problems with Mr. Alonso and wrote a letter to her boss on her behalf.
Mr. Russo feels that she has changed due to the stalking. She was once a woman for whom it was easy to ask for help, but she had changed into a frightened person who became very cautious and who tried to “nip problems in the bud.”
She stated that she has difficulty concentrating at work. Despite the fact that she was able to complete her tasks, she would get very lost and distracted. She also reported that she had lost a lot of weight, while this was occurring, and her appetite decreased.
Her sleep was described as disturbed and often non-restorative. She would wake up more than once during the night due to anxiety dreams (nightmares).
Ms. Russo told me that despite the fact that she loved her apartment, she would have to move if Mr. Alonso ended up staying. She added that she was disgusted with Mr. Alonso’s behavior in terms of what he did to her as the manager of her property.
Throughout the entire meeting, the examinee covered her torso with a jacket, even though the room temperature was quite comfortable.
It was my opinion, within a reasonable degree of medical probability, that Ms.
Russo suffered from adjustment disorder with mixed anxiety and depressed mood, chronic. It was also my opinion that the aforementioned diagnosis was directly related to the attitude and behavior of Mr. Alonso. This condition referred to a psy- chological response to an identifiable stressor: the repetitive stalking/harassment that Ms. Russo was subjected to, which resulted in the development of clinical sig- nificant emotional and behavioral problems.
Case 13a: Stalking and the Intentional Infliction of Emotional Pain
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The psychological handicap of Mr. Alonso’s actions hindered Ms. Russo to the extent of impairing her ability to take her safety for granted and prevented her from being able to freely express her femininity. Ms. Russo’s symptoms are strong and debilitating. They are intensified now that Ms. Russo and Mr. Alonso do not com- municate verbally or visually. She knows he is around, but not seen. She had a constant sense of being watched.
The solution is to completely avert contact between Ms. Russo and Mr. Alonso, which is literally impossible, since he is in charge of the premises where she resides.
Now Ms. Russo does not allow anyone to approach her or be in a position of power and control, which hinders her social functioning and may adversely impact psychiatric treatment efforts.
Ms. Russo’s condition is permanent. I would recommend that Ms. Russo con- tinue psychiatric treatment, combining psychiatric medications and supportive/
expressive individual therapy, aimed at helping her deal with the ordeal and its aftermath. This would help her ability to function in social, personal, and occupa- tional settings.
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A. M. Goldwaser, E. L. Goldwaser, The Forensic Examination, https://doi.org/10.1007/978-3-030-00163-6_14