International Journal of Pure and Applied Mathematics

Volume 119 No. 17 2018, 1705-1716

ISSN: 1314-3395 (on-line version)
url: http://www.acadpubl.eu/hub/
Special Issue
http://www.acadpubl.eu/hub/

A Critical Study on Stalking and its Impact on

Vulnerable Group of Women and Minors
1
K. Mohit Kumar and 2Aswathy Rajan
1
Saveetha School of Law,
Saveetha Institute of Medical and Technical Sciences,
Saveetha University, Chennai. iammohit39@gmail.com
2
Saveetha School of Law,
Saveetha Institute of Medical and Technical Sciences,
Saveetha University, Chennai. aswathyrajan.ssl@saveetha.com
Abstract
With the number of people who have access to computer and the
internet continually growing, there has been an explosion in the use of the
internet for the transfer of information and communication between users.
However, the growth of the internet has also increase the resources
available to criminals for illegal or bad purpose such as Cyberstalking.
Conversely the internet has opened windows of previously unknown
criminal opportunities that not only challenges, but also transcend all
physical boundaries, borders, and limitations to detect, punish and
diminish what appears to be a mounting problem of global proportion.
This paper presents a glimpse of deviant behaviours of victims and
offenders of Cyberstalking crimes.
Key Words:Cyberstalking, internet, cyber bullying, harassment, deviant
behaviour.
Research Question: Whether Stalking under Information Technology
Act, 2008 and various Penal Laws in India and United States of America
has an impact on women and minors?
Hypothesis:
HO: Advancement in technology has not increased in the capability of
Stalkers exponentially. This advancement has made things easier for an
individual.
HA: Advancement in technology has increased in the capability of
Stalkers exponentially. This advancement do not make things easier for an
individual.
Materials and Methods: The Author has used a Doctrinal Research
procedure. the materials used for this paper is Secondary sources such as
E- Sources, Books, Research paper, Journals.

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1. Introduction
Cyberstalking is such a new phenomenon that the media and law enforcement
have yet to broadly define and quantify it. The available resources are so few
and limited that there is little information for victims or for professional victim
service providers to utilise. What stats there are several millions of potential and
projected future cases. The epidemic of identity theft indicated technology
abuse as one of the fastest growing areas of crime.

A 2006 National Crime Prevention Council survey found that some 40% of
teens had experienced cyber bullying, making the problem particularly
widespread. Not only is the issue of Cyberstalking extensive, it had adverse
effects on adolescents such as increased depression, suicidal behaviour, anxiety,
increased susceptibility of drug use and aggression behaviour.

The aim of the study is To study about Cyberstalking as an offence, To study

about the various types of Stalkers, To elevate the impact of Cyberstalking on
victims, To analysis the measures taken by authorities, To provide for
suggestions as to reduce the effect of Stalking.
Cyberstalking and its Impact on Victims

Cyberstalking is the use of the Internet or other electronic means to stalk or

harass an individual, group, or organization.1 It may include false accusations,
defamation, slander and libel. It may also include monitoring, identity theft,
threats, vandalism, solicitation for sex, or gathering information that may be
used to threaten, embarrass or harass.2

Cyberstalking is often accompanied by realtime or offline stalking. In many

jurisdictions, such as California, both are criminal offenses. Both are motivated
by a desire to control, intimidate or influence a victim. A stalker may be an
online stranger or a person whom the target knows. He may be anonymous and
solicit involvement of other people online who do not even know the target. 3
Cyberstalking is a criminal offense under various state anti-stalking, slander and
harassment laws. A conviction can result in a restraining order, probation, or
criminal penalties against the assailant, including jail.
Categories of Cyberstalkers
 The Obsession cyber stalker: The common obsession stalker refuses to
believe that their relationship is over. They aren’t to be misled by
believing obsession stalker is harmlessly in love.
 The Delusional cyber stalker: Delusional stalker may be suffering from
some mental illness like schizophrenia etc, and have a false belief that

1
"Cyberstalking". Oxford University Press. Retrieved 2013-12-10.
2
Spitzberg, Brian H.; Hoobler, Gregory (February 2002). "Cyberstalking and the technologies of
interpersonal terrorism" (PDF). New Media & Society. 1. 4: 71–92.
3
Smith, Kevin (2 September 2016). "Tougher California laws protect victims of digital harassment". San
Gabriel Valley Tribune.

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keeps them tied to their victims. They assume that the victim loves them
even though they had never met. A Delusional stalker is usually a loner
and most often chooses victims who are married women, a celebrity, etc.
They are very difficult to shake off.
 The Vengeful cyber stalker: Vengeful stalkers are angry at their victims
due to some minor reasons, either real or imaginary. Typical examples
are disgruntled employees, ex-spouses can turn into this type of stalkers.
These stalkers may b stalking to get even and take revenge and believe
that they have been victimised.4
Victims of Cyberstalking

These days internet is becoming main source of communication tool for entire
family communication rather communication centre, which is opening up many
more victims to be stalked. The thing to remember is that a talker is someone
that wants to be in control. A stalker is not going to pick a victim that is equal to
them. This keeps the victim submissive. The main targets are the new to the
internet world i.e., females, children, emotionally unstable people etc. Someone
new to being online is pretty easy to pick out of a crowd in the net.
Managing Cyberstalking

The individual’s responsibility is an important aspect to being online. So is a

recognition that people chose to manage their online presence rather than
allowing the technology-and by extension a stalker-to manage them.
Management of that presence does not offer everyone immunity from
harassment, danger, and victimisation, just as there is no comprehensive
solution for all social interaction offline. Management does however offer
opportunities to minimise danger in for example much the same way that
ordinary people deal with risk by keeping their doors locked and being sensible
about which they invite inside. It also offers ways of responding when
Cyberstalking occurs. There is no simple solution vary from individual to
individual in same way that there is variation in responses to offline stalking.
Some people are better equipped that others to deal with a nasty on the net,
some are luckier in finding advice and assistance from colleagues, service
providers, lawyers and police.

One fundamental response to Cyberstalking is a decision by victims not to allow

the stalker to deny them use of cyberspace. Be sceptical about myths that all
online offences are necessarily anonymous, that effective prosecution is
impossible and that courts or police are unsympathetic.

According to Law Enforcement Technology, cyberstalking has increased

exponentially not in citation given] with the growth of new technology and new
ways to stalk victims. "Disgruntled employees pose as their bosses to post
explicit messages on social network sites; spouses use GPS to track their mates'

4
M. Weller, L. Hope, & L. Sheridan, Police and Public Perceptions of Stalking: The Role of Prior Victim
Offender Relationship, Journal of Interpersonal Violence 28 (2013), 320-339.

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every move. Even police and prosecutors find themselves at risk, as gang
members and other organized criminals find out where they live — often to
intimidate them into dropping a case."5

In January 2009, the Bureau of Justice Statistics in the United States released
the study "Stalking Victimization in the United States," which was sponsored by
the Office on Violence Against Women. The report, based on supplemental data
from the National Crime Victimization Survey, showed that one in four stalking
victims had been cyberstalked as well, with the perpetrators using internet-
based services such as email, instant messaging, GPS, or spyware. The final
report stated that approximately 1.2 million victims had stalkers who used
technology to find them.

The Rape, Abuse and Incest National Network (RAINN), in Washington D.C.
has released statistics that there are 3.4 million stalking victims each year in the
United States. Of those, one in four reported experiencing cyberstalking.6

According to Robin M. Kowalski, a social psychologist at Clemson University,

cyberbullying has been shown to cause higher levels of anxiety and depression
for victims than normal bullying. Kowalksi states that much of this stems from
the anonymity of the perpetrators, which is a common feature of cyberstalking
as well. According to a study by Kowalksi, of 3,700 bullied middle-school
students, a quarter had been subjected to a form of harassment online.7
Cyberstalking Prevention

Regardless of our law enforcement specialty (patrol, investigations, computer

crimes, administration) we encounter crime victims or potential crime victims
who are concerned and want good advice on how to prevent threats such as
cyberstalking. This section contains information and advice you can use to deal
with actual or potential victims.

Often, stalkers are mentally unstable, paranoid, delusional, and extremely

jealous, and have extremely low self-esteem. Stalkers may display selfishness,
malice, and sadism, and be very cunning and arrogant. Most are anti-social, and
to put it in layman's terms, are "control freaks" who enjoy manipulating other
people.

The best protection against becoming a target of these people is not to reveal
anything personal about yourself.

In live chat, where often the agenda calls for role-playing, watch for red flags or
alarm bells. Indications that you might be in danger include someone asking
where you live, whether or not you are married, what school you attend, what

5
Miller, Christa (April 30, 2009). "High-Tech Stalking". Law Enforcement Technology. Officer.com.
6
Smith, Tom (February 28, 2010). "Criminals use technology to track victims". Times Daily.
7
"Alexis Pilkington Facebook Horror: Cyber Bullies Harass Teen Even After Suicide". Huffingtonpost.com

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you are wearing right now, what you look like, and other such personal
inquiries. Trust your feelings regarding how much information you choose to
disclose.

The three most common ways cyberstalking can start are:

 Sexual harassment.
 A flame war (an online argument that gets out of hand).
 Users who show their technological power by attacking innocent users,
channels or even networks.

Take care when turning these people away, as they are highly sensitive to
rejection and humiliation, and could cause a vendetta to start against you.

The difference between a normal cyber harasser and a cyberstalker is this: the
harasser moves on to others and forgets you. A stalker will come back to stalk
you another day.

The major "clue" to cyberstalking, is when the stalker pushes for information
regarding your personal life, private life, or life away from the 'net. A rule of
thumb is: "NEVER GIVE ANY PERSONAL INFORMATION ACROSS THE
INTERNET!" NEVER.8
Impact of Stalking

Cyberstalking can have major psychosocial impacts on individuals. Victims

report a number of serious consequences of victimization such as increased
suicidal ideation, fear, anger, depression, and Post Traumatic Stress Disorder
(PTSD) symptomology. Research is largely limited to quantitative outcome
research. This study examines the diversity of experiences reported by people
who define themselves as having been cyberstalked.

Thematic analysis was used to explore 100 cyberstalking victim narratives,

gathered by means of an online survey questionnaire designed to capture
structured text responses. Five emergent themes were evident in the data:
control and intimidation; determined offender; development of harassment;
negative consequences; and lack of support. Findings identify similarities and
differences to traditional stalking, along with the necessity of support for
victims and illustration of the negative impacts this form of harassment
produces.9

The impact of stalking may vary according to the victim’s characteristics, past
experience, current circumstances, and what they know, or don’t know, about
the stalker. How others respond to the victim’s situation, including how the
stalking is managed by authorities, can influence the overall effect that the

8
Jenson, Barbara, August 1996. :http://www.law.ucla.edu/classes/archive/s96/340/cyberlaw.html
9
Short E ,’The impact of cyberstalking: the lived experience - a thematic analysis’ ,National Centre for
Cyberstalking Research, University of Bedfordshire.

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stalking episode has on the victim. Despite the complexities that may vary an
individual’s experience and reaction to being stalked, research has demonstrated
common patterns of response. Although female victims usually report greater
levels of fear, studies have found that males subjected to stalking experience
similar symptoms to those reported by their female counterparts.

Although not exhaustive, the following are some of the more common effects
that victims of stalking experience:10
Effects on Mental Health
 Denial, confusion, self-doubt, questioning if what is happening is
unreasonable, wondering if they are over-reacting
 Frustration
 Guilt, embarrassment, self-blame
 Apprehension, fear, terror of being alone or that they, others or pets will
be harmed.
 Feeling isolated and helpless to stop the harassment
 Depression (all symptoms related to depression)
 Anxiety, panic attacks, agoraphobia (frightened to leave the house, never
feeling safe)
 Difficulty concentrating, attending and remembering things
 Inability to sleep – nightmares, ruminating
 Irritability, anger, homicidal thoughts
 Emotional numbing.
Effects on Physical Health
 Fatigue from difficulty sleeping, being constantly on guard, symptoms
of depression
 Effects of chronic stress including headaches, hypertension
Gastrointestinal problems –
 Fluctuations in weight due to not eating or comfort eating
 Development or exacerbation of pre-existing conditions e.g. asthma,
gastric ulcers and psoriasis.
 Dizziness
 Shortness of breath
 Impact on health of increased use of alcohol, cigarettes or drugs.
Effects on Social Life
 Insecurity and inability to trust others impacting on current and future
relationships and friendships,
 Problems with physical and emotional intimacy.
 Avoidance of usual activities e.g., going to the gym, going out.
 Isolation through trying to protect others, feeling misunderstood or
psychological symptoms.

10
https://www.stalkingriskprofile.com/victim-support/impact-of-stalking-on-victims

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 Others withdrawing from the victim because they don’t believe the
victim, they are unable to cope with the victim’s mental state or as a
direct consequence of third-party victimisation.
 Victim moving to a new area, changing their phone number, name or
even their appearance.

2. International Conventions and

Comparison
Budapest convention is the only binding multilateral treaty instrument aimed at
combating cyber crime. The convention provides a framework for international
cooperation between State parties to the treaty. It is only substantive multilateral
agreement with a stated objective of addressing cybercrime with convergent,
harmonized legislation and capability building.

The Home Ministry of India has been reconsidering its position on becoming a
member of the Budapest Convention because of surge in cyber crime.

The Budapest Convention has a significant drawback that the convention on

Cybercrime has also come under severe criticism for both its specific provisions
that fail to protect rights of individuals and States, and its general inadequacy to
ensure a cyberspace free of criminal activity.

These challenges are certainly being addressed by the Council of Europe's

Cybercrime Convention Committee, which respect the parties to the Budapest
Convention on Cybercrime. Solutions to enable criminal justice access to
evidence in the cloud are a priority of the Committee.

While India is confronted with the same challenges, it is not participating in this
work, nor sharing its experience and shaping future international solutions as it
has not yet decided to join this treaty. According to the National Crime Records
Bureau, 9.622 incidents of cybercrime were recorded in 2014 under the
Information Technology Act, Indian Penal Code and State and local laws. Even
if this represented an increase of 69% from 2013, cybercrime accounts for only
0.13% of all crimes recorded in 2014.

Overall, it would seem that India joining the Budapest Convention has so far
been primarily hostage to diplomatic and foreign policy considerations and less
to concerns of actual justice cooperation on cyber crimes and e-evidence. From
the latter perspective,
 The Challenges being addressed by the parties to the convention through
the Cybercrime convention Committee are highly relevant also for India.
 The Convention offers a legal basis and practical framework for police-
to-police and judicial cooperation on cybercrime and e-evidence with an
increasing number of other parties. This framework is constantly under
review to make it more effective.

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 At the Convention evolves, India would be able to contribute to shaping

future solutions if it were a party.
 India would become a priority country for capacity building.
 Giving the Prime Ministry’s vision of a ―Digital India‖ and considering
the surge in cybercrime, it would be beneficial for India to join this
Treaty.

The focus on legislating cyberbullying and cyberstalking has largely come

about as a result of the perceived inadequacy, generally by legislators and
parents of bullying victims, of existing laws, whether those existing laws cover
stalking, unauthorized use of computer resources, or the like. The motivation
behind the bill in 1990 where 50 U.S. states and the federal government passed
a bill to "criminalize" stalking was due to the cases of stalking against
celebrities.11

For example, in the case of United States v. Lori Drew,12 in which Megan Meier
had committed suicide after being bullied on MySpace, three of the four charges
against the defendant (Drew) were actually in response to alleged violations of
the Computer Fraud and Abuse Act, since specific statues against cyberbullying
were not on the books. The jury eventually found Drew innocent of the charges
(but guilty of a misdemeanor), a verdict that was later set aside by the judge. In
this situation, legislators in Missouri, at the urging of the public and Meier's
parents, passed "Megan's Law",13primarily aimed at the crime of a person over
21 years of age bullying a person under 18 years of age.

In addition, prosecutors will sometimes use other legal avenues to prosecute

offenders. In the case of Tyler Clementi14, who killed himself after video of his
homosexual encounter was broadcast on the Internet, prosecutors charged the
defendants with invasion of privacy and computer crimes. Like the Meier case,
the Clementi case spurred legislators (this time, in New Jersey) to pass a law
specifically aimed at bullying, an "Anti-bullying Bill of Rights".15

While some laws are written such that the focus on cyberbullying is the set of
acts that occur within a school, others are more general, targeting cyberbullying
no matter where it occurs. In addition, some of these newly written laws (like
one in Connecticut) put more of an onus on the school system, mandating that
the school's administration must intervene at the first sign of bullying.16

11
Spitzberg & Hoobler, 2002
12
U.S. v. Drew, 259 F.R.D. 449 (C.D. Cal. 2009)
13
https://web.archive.org/web/20110717000924/http://www.moga.mo.gov/statutes/c500-
599/5650000090.html
14
Tyler Clementi; Rutgers Suicide". CBS News, http://www.cbsnews.com/2300-504083_162-10005019.html
15
Tony Kurdzuk/The Star-Ledger. "N.J. Assembly, Senate pass 'Anti-Bullying Bill of Rights' in wake of
Tyler Clementi's death". NJ.com.
16
Keating, Christopher (23 March 2011). "Stronger Anti-Bullying Bill Approved By Committee".

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Finally, it's not uncommon for cyberbullying to be coupled with "traditional",

in-person bullying, for example, in the suicide of Phoebe Prince. Students at her
school had bullied her for months in school, and that harassment eventually
moved online as well. As in Connecticut, New Jersey, and Missouri, the Prince
case led to stricter anti-bullying legislation in Massachusetts.17

Legislation at the State level in United States of America:

Some U.S. states have begun to address the problem of cyberbullying. States
that have passed legislation have done so generally in response to incidents
within that state, to address what they believe to be shortcomings in federal
laws, or to expand protection to victims above and beyond existing statutes.

There are laws that only address online harassment of children or focus on child
predators as well as laws that protect adult cyberstalking victims, or victims of
any age. While some sites specialize in laws that protect victims age 18 and
under, Working to Halt Online Abuse is a help resource listing current and
pending cyberstalking-related United States federal and state laws.18It also lists
those states that do not have laws yet and related laws from other countries.

3. Conclusion
As there is advancement in technology, crime has also increased due to it.
Technology and crime go hand in hand. Technology played an important role in
the several bomb blasts which occurred worldwide. One of the important
medium was computers in all these killings. Computers have been proved
versatile. It helps from communication to spreading heinous viruses all over.
The later part and more to it is spreading a lot nowadays. Computer crimes or
say cyber crimes have increased a lot today. Various categories are explored
under it, out of which one of them is cyber stalking. Stalking happens every day
in the real world but when it comes to virtual world stalking has increased at a
double rate because stalkers can easily target victims being anonymous via
internet. It is safe in comparison to stalking in real world.

References
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17
http://archive.boston.com/news/local/massachusetts/articles/2010/05/04/grieving_family_by_his_side_gove
rnor_signs_legislation/
18
http://www.haltabuse.org/resources/laws/index.shtml

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