Still in the Shadows: Stalking Prosecution Rates’ Unresponsiveness to Increased Legislative Attention

• In Event: Out of the Shadows: Focusing Attention on Less Visible Forms of Victimization

Abstract

Stalking is a serious crime involving a course of (repeated) conduct that frightens, threatens, or harasses the victim. Prior research proposes that stalking cases, similar to other interpersonal crimes like sexual assault and domestic violence, are underreported to authorities; however, some evidence also suggests that stalking cases are inconsistently classified and managed by law enforcement (Brady & Nobles, 2015). To develop a better understanding of system response in the court phase, this exploratory study used official data from Houston to examine trends in stalking cases relative to two major revisions of Texas anti-stalking statutes. Results demonstrate that trends in arrests with intent to prosecute were flat, and that very few cases of stalking were prosecuted in this jurisdiction during any given year. A comparison trend showing a broader category of harassment charges over the same study period indicates escalation over time, consistent with population growth and other extra-legal influences. These findings suggest that stalking cases remain rarely prosecuted despite increasing awareness and provisions for enhanced penalties under Texas law. Implications for research and policy are discussed.

Authors

• Matt R. Nobles, University of Central Florida

• Jeff Bouffard, Sam Houston State University

• Leana A. Bouffard, Sam Houston State University