Stalking Laws: In Pursuit of a Remedy
![handle is hein.journals/rutlj25 and id is 475 raw text is: STALKING LAWS: IN PURSUIT OF A REMEDY
Thousands of men, women, and children live in fear every day.
They are watched. They are followed to work or to school. Their homes
provide no refuge. Sick, angry letters and phone calls are a constant
menace. They are victims of stalking.
Stalking-the persistent and unwelcome following with intent to
alarm, annoy, or harassl-affects victims of all ages and from all walks
of life. Where stalking has gone unchecked, the results have frequently
been tragic. Traditionally, the legal system has responded in diverse
ways depending on the state in which the victim resides. Remedies may
include civil suits, injunctive relief, or statutory provisions. Recent
stalking cases, affecting both celebrities and ordinary citizens, have
focused attention on the need for criminal remedies. Since 1990, forty-
eight states2 and the District of Columbia have passed laws outlawing
stalking.3 Noting the seriousness of the problem, the United States
Congress enacted a law authorizing the drafting of a model stalking
statute to aid states in formulating their own legislation. The flurry of
legislation has prompted concerns that well-intentioned legislation may
be drafted too narrowly to be effective or too broadly to be
constitutional.
This Note focuses on the problem of stalking, and the existing and
potential remedies. First, it explores the various contexts in which
stalking occurs and its effect on victims' lives. Next, the Note surveys
the traditional legal remedies available to a stalking victim, including
various types of injunctive relief, civil actions against the stalker or law
enforcement authorities, and statutory remedies.
The third part of this Note examines recently enacted stalking
legislation. It explores and compares the actions prohibited, definitions,
penalties, and exceptions to the statutes. It evaluates the effectiveness of
the statutes by assessing charges and convictions under the new laws,
1. See, e.g., CAL. PENAL CODE § 646.9 (West 1990) (amended 1992 & 1993); A
Remedial Approach to Harassment, 70 VA. L. REv. 507 (1984) [hereinafter Remedial
Approach].
2. Only Arizona and Maine have not passed stalking laws.
3. Laws prohibiting stalking have been referred to as stalking laws and anti-
stalking laws. This Note adopts the first convention, intending it to mean laws
prohibiting stalking.](ViewImageLocal?handle=hein.journals/rutlj25&div=22&collection=&method=preview&ext=.png&size=3)
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Stalking Laws: In Pursuit of a Remedy
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