Forensic psychological, criminological and legal perspectives of stalking

• In Event: When Criminology meets Psychology: Bridging Psychological Perspectives in Criminal Behavior

Abstract

Stalking lies at the intersection of Criminology, Criminal Law and Psychology. As a persistent harassing surveillance of a specific individual, the obsessive behaviour of stalking, both in its traditional as well as its virtual expression (i.e. cyberstalking), is a social reality and an age-old phenomenon. The paper aims to approach the behaviour of stalking as a multifactorial social and psychological phenomenon as well as a criminal offence with specific constituent elements.
Starting from the psychological perspective, the paper examines the criminal psychopathology of stalking, trying to focus to the psychological explanations of crime. This may reflect the culprit’s motivating mental disorder.
The victim impact is of utmost importance to our understanding of stalking consequences, as well as for the relevant prevention. Several facets of stalking behaviour are addressed, such as threat assessment, risk factors and management. Especially, in forensic psychology, risk factors are of great importance for the assessment of recidivism risk and treatment strategies are addressed.
From a criminological perspective, the paper examines the stalking typologies, as well as the forensic psychological typology of stalkers classification. The presentation will also explore the psychological theories of stalking with emphasis to relational theories and especially the attachment research forms that may contribute to the pathology of stalking.
From a criminal legal point of view, the presentation will examin the legal definitions of stalking and the relevant legislative provisions. While national definitions of stalking may vary from state to state, its basic elements [i.e. repetitive behavioral pattern (course of conduct)/continuity of purpose - explicit or implicit credible threat – result/impact on the victim (reasonable fear)] are common. With reference to the Istanbul Convention (2011),the emerging issues are also underlined in terms of the EU requirements for the criminalisation of the above behaviour. The paper highlights the Greek and Cypriot legislative framework and criminal policy trends.

Author

• Marilena Katsogiannou, European University Cyprus (EUC)