STALKING CASES: LAW ENFORCEMENT
INVESTIGATIONS AND REPORT WRITING
STALKING CASES: LAW ENFORCEMENT
INVESTIGATIONS AND REPORT WRITING
This project was supported by Grant No. 2017-TA-AX-K074 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings,
conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department
of Justice, Office on Violence Against Women.
1000 Vermont Avenue NW, Suite 1010 | Washington, DC 20005 | (202) 558-0040 | stalkingawareness.org
@FollowUsLegally
INVESTIGATING STALKING SLII BEHAVIORS
Stalking is a prevalent and dangerous crime that requires thorough investigation and documentation. Too
often, stalking goes unrecognized, uncharged, and/or unprosecuted—and stalkers are not held accountable
for all of their crimes. Victims of stalking often do not identify their victimization as stalking and are unlikely
to use the word 'stalking' to describe what they're experiencing. Research and practice show that officers
should ask specific questions about stalking behaviors rather than simply asking if someone has been
stalked/harassed.
Questions about stalking behaviors can be grouped into the
four SLII categories: Surveillance, Life invasion, Intimidation,
and Interference through sabotage or attack (SLII).
i
These
categories overlap and build on each other.
The questions below are meant to guide law enforcement
investigations and documentation to help capture the full context
of the situation, including the suspect’s behaviors, what the behaviors
mean to the victim, and the duration, intensity, and frequency of the behaviors.
These questions are useful when conducting investigations, reviewing reports, and training law enforcement.
To learn more about stalking and law enforcement response, visit www.StalkingAwareness.org/law-
enforcement-resources.
On the surface, a stalking suspect’s behavior can be easy to minimize, so it is vital to look deeper. Determine
what the suspect’s behaviors mean to the victim and how
the suspect is making the victim feel. Many stalkers
combine behaviors that are crimes on their own (like
property damage, trespassing, sexual harassment and/or
assault) with other tactics that are not criminal on their
own (like sending gifts or driving down the street), but can
become criminal when part of a stalking course of conduct.
Any time a victim reports any harassing behavior, consider the possibility of stalking and verify if it is an
isolated incident or repeated conduct. Stalkers can be very dangerous, so conduct a danger, risk, or lethality
assessment if your agency uses one. If you aren’t using a risk assessment, consider using the Stalking and
Harassment Assessment and Risk Profile (SHARP).
Stalking Cases: Law Enforcement Investigations and Report Writing 2
ASSESSING FEAR AND DISTRESS
Fear and emotional distress are central to stalking and elements of most stalking
statutes, but what is frightening to one person may not be frightening to another. In
stalking cases, many of the behaviors are only frightening to a victim because of
their relationship with the stalker. For example: A bouquet of roses is not frightening
on its own, but when a victim receives a bouquet from an abusive ex-partner whom
they thought did not know where they had moved to, this flower delivery becomes
terrifying and threatening. And while it is legal to send someone flowers, it may
become illegal when part of a stalking course of conduct.
It is essential for responders to ask and understand why certain behaviors are frightening to the victim.
People react to stalkers in a variety of ways and fear is often masked by other emotions: anger, frustration,
hopelessness, despair, or apathy. Some may minimize and dismiss their
stalking as “no big deal.” Friends, family, peers, and responders also often
downplay the seriousness. It is helpful to consider how victims change
their behaviors to cope with the stalking. Often a victim has taken multiple
steps to address the behavior prior to contacting law enforcement. They
have identified ways the suspect has been impacting their life and adjusted
their own lives because of the behavior of the suspect.
• Have they changed their phone number? Attempted to block the suspect on social media? Changed
travel routes? Avoided certain locations? Screened calls? Installed security equipment? Changed
jobs? Moved?
• These may be indicators that victims are afraid and may assist officers in establishing the elements
needed to build a stalking case.
In cases of intimate partner violence, if an abuser is engaging in behaviors like surveillance, showing up,
hacking accounts, and/or excessive contact, these behaviors are
domestic abuse and may constitute the crime of stalking. Stalking can
happen before, during, and/or after an intimate relationship. The
component of intimate partner violence called coercive control—a
course of conduct meant to control a specific person—may also meet
the elements of the crime of stalking. In cases of coercive control, i.e.
intimate partner stalking, victims often change their behavior,
routines, friendships, and lives because of the abuser’s pattern of
behavior.
Stalking Cases: Law Enforcement Investigations and Report Writing 3
DOCUMENTING STALKING BEHAVIORS
Documenting these changes and how the suspect has impacted the victim’s life is a crucial part of a
thorough stalking investigation. It is necessary to thoroughly investigate and document all stalking elements
to help others in the legal system understand the context of the suspect’s behavior. A good police report on
stalking will include information from the victim and the suspect interviews as well as all other related
information uncovered during the investigation, including 9-1-1 calls, physical evidence, digital evidence,
witness statements, prior history, victim documentation logs, etc.
Remember that stalking is a crime for which law enforcement ask victims for help in documenting the
criminal behavior. It is important to give victims resources and information on stalking documentation logs,
ways to handle and store evidence, and suggestions for preserving digital evidence until it is turned over to
law enforcement. It is also critical to recommend they connect with a victim advocate for support and safety
planning.
CHARGING CO-OCCURRING CRIMES
When documenting a stalking situation and its context, remember to also document co-occurring crimes.
Stalkers can frequently be charged with a variety of criminal statutes stemming from behaviors that were
part of their stalking course of conduct. Common co-occurring crimes include: harassment, battery,
domestic violence, sexual assault, protection order violations, threats of bodily harm, voyeurism,
vandalism, trespassing, forcible entry, burglary, computer crimes, nonconsensual distribution of intimate
images, and witness intimidation. Witness intimidation is a frequent occurrence in stalking cases—especially
after the victim has reported to law enforcement or applied for a protection order, or if there is a pending
criminal case. Stalkers often threaten victims about reporting to law enforcement and/or participating in a
criminal or civil case. Monitoring post-intervention stalker behavior is a key part of an investigation, and
stalking may actually increase during this time.
Stalking Cases: Law Enforcement Investigations and Report Writing 4
KEY POINTS IN STALKING INVESTIGATIONS AND REPORT WRITING
VICTIM INTERVIEWS
When first meeting with a victim, make sure to:
• Ask if they want a victim advocate present at the interview.
• Talk with them about the need for safety planning with an advocate.
• Have stalking resources on hand, like brochures about stalking and available local support services.
• Discuss the possibility of recording audio or video of the victim statement to preserve what the
victim says along with their demeanor. Explain why that would be helpful.
• Preserve evidence immediately, for example taking pictures of text messages.
1) Listen closely to victims—even if what they say sounds unbelievable—and document everything they
report.
• Stalkers are inventive criminals who often engage in bizarre and hard-to-prove behaviors to
frighten victims.
• It is important to ask open-ended questions and give the victim plenty of time to respond.
2) Screen for SLII stalking behaviors (Surveillance, Life invasion, Intimidation, and Interference through
sabotage or attack).
• Look at the duration, intensity, and frequency of the behaviors.
• Stalking needs to be viewed in context. Individual behaviors themselves may not be criminal,
but in context or viewed together as a course of conduct, they may meet the elements of
stalking.
3) To assess fear/distress, consider what the victim has changed in their life in response to the stalker’s
behavior.
4) Connect the victim with support services and a victim advocate.
5) While technologies can hide the identity of the stalker initially, thorough investigations can often
identify stalkers who use technology to stalk.
• When asking questions about electronic evidence, explain why the evidence would be helpful
and how to document it.
6) Because of the nature of co-occurring crimes in stalking investigations, be familiar with department
protocols related to responding to Domestic Violence, Sexual Assault, Strangulation, Protection
Order Violations, and other related crimes.
Stalking Cases: Law Enforcement Investigations and Report Writing 5
To build rapport and trust with victims when starting the interview, it is effective for law enforcement to
acknowledge that some of the questions might seem unusual and to explain that all of the questions serve
to help the interviewer understand the victim’s experience of the event. It is also helpful to explain to the
victim why you are asking a question and its context as part of the legal definition of stalking. When
discussing any technology-facilitated stalking, it is important to explain why electronic evidence would be
helpful and how you would document it. Victims should also be encouraged to ask questions at the beginning
and throughout if they need clarification regarding the process or the purpose of interview questions.
Beginning with questions such as “Where would you like to start?” or “Would you tell me what you are able
to about your experience?” sets a supportive tone for the interview. Asking questions in this way also invites
the victim to describe what happened and their thoughts and feelings in their own words, which is valuable
evidence to document in the case report. Allow plenty of time for the victim to respond to questions. For
victims, this helps their brains retrieve information from traumatic events and offers them more control as
they recount times when they were violated and had no control.
The phrasing of questions during victim interviews is important. Victims may perceive “why” and “explain to
me” as accusatory or blaming. Because of the traumatic
impact the events may have had on a victim, they might
not recall details in a chronological order. Using open-
ended questions and requests, when possible, gives the
person being interviewed the opportunity to share more
information about what they are able to recall. In general,
law enforcement should consider reframing questions that
start with “why,” directives such as “explain to me...”; and
requests for a chronological account with prompts such as
“and then what happened?”.
The following is information to gather during a stalking investigation and include in the case report.
ii
Listen
closely and document everything a victim reports, even if what they say sounds unbelievable.
VICTIM INTERVIWS: BACKGROUND INFORMATION
1) Victim’s name(s), age, gender, residence.
2) Suspect’s name(s), age, gender, residence. In cases where the victim is unsure who the suspect is, it is
important to determine if the victim believes there are potential suspects.
3) How would you describe your connection/relationship with the suspect?
• How long have you known them?
Stalking Cases: Law Enforcement Investigations and Report Writing 6
4) Has your relationship changed over time? How? When did it start to change?
5) What type of contact and communication was typical in your relationship? (in-person, phone calls,
messages, emails, social media platforms, other apps, text messages, etc.; both medium and frequency)
6) Who are some people familiar with the relationship between you and the suspect?
7) Was there something in particular that made you decide to come in today?
8) Have you ever reported this situation to anyone before?
9) Is there someone you trusted that you have talked to about your experience?
• What are you able to tell me about why you decided to share with them?
10) What did or do you think might happen to you as a result of the contact?
11) What did or do you think might happen to you if you stopped the contact?
12) Did you keep any records of what was happening? (A list or documentation log, screenshots, etc.)
13) People react to situations like this in a variety of ways, some continue communication and some do not.
What type of communications have you had with the suspect? Has that communication continued?
14) Do you believe the suspect knows that you do not want to be contacted? What makes you believe that?
15) Has the contact or communication ever frightened you? Did every occurrence scare you, or at what
point did you become frightened?
16) People react to situations like this in a variety of ways, and there’s no “right” or “wrong” way; it’s
important for us to document how the contact made you feel, so are you able to describe in your own
words how the contact/communication made you feel?
17) Has anyone witnessed any of the contact, communication, and/or events that have happened?
VICTIM INTERVIWS: STALKING BEHAVIORS
18) SURVEILLANCE: Did the suspect ever track, follow, or monitor you in any way? In-person or using
technology?
• For example, watching you from a distance, waiting for you outside your office or gym or another
location, showing up unexpectedly, using tracking software, obtaining information about you
online or from others, or monitoring what you do and who you talk to in-person and online?
• This can be done with smart home devices, tracking software or GPS devices, cameras and
recording devices, or by monitoring your online activity, accessing your accounts, researching you
online, asking others for information about you, creating fake accounts online to use to
monitor/contact you, and in other ways
19) LIFE INVASION: Has the suspect repeatedly invaded your life and/or privacy by initiating unwanted
contact?
• For example, repeated phone calls, texts, messages, emails, or gifts, breaking into your car or
home when you were not around, showing up uninvited, publicly humiliating you (in-person or
online), harassing your friends or family, or other unwanted intrusions?
Stalking Cases: Law Enforcement Investigations and Report Writing 7
• This could be unrecognized numbers calling and harassing you, hang-up calls from random
numbers, calls that show up as a friend or the court but instead it is the suspect calling, sending
unwanted sexual photos to you, or publicly embarrassing you by treating you like a sexual object in
front of other people, calling you sexist slurs, or talking about your body parts.
• This can be done in person or online, by impersonating you, by hacking into your accounts, and in
other ways.
20) INTIMIDATION: Has the suspect intimidated or frightened you through threats?
• For example, threats to harm or kill you, themselves, or others; threats made with a weapon;
property damage; harm to pets; forced confrontations; blackmailed you; threats to release private
photos, videos, or information (whether real/true or not); threats to interfere with your housing,
employment, immigration status, or something else; or sabotaged you in other ways?
• This can be done in-person or online.
• Has the suspect ever made threats about if you reported their behavior or participated in an
investigation?
• Has the suspect left objects, made gestures, or said things that felt threatening but were not
direct threats?
• Has the suspect described in detail how they plan to physically harm you?
• Has the suspect used one of your identities to threaten you, for example by threatening to call
immigration authorities on you or outing you as a member of the LGBTQ+ community?
• Has the suspect ever made a threat and then did exactly what was threatened or taken steps
toward carrying out a threat made to you?
• Has the suspect had other people like their friends or family members threaten, harass,
intimidate, stalk, or attack you or your friends or family?
• What has the suspect done that has frightened or alarmed you?
21) INTERFERENCE: Has the suspect significantly and directly interfered with your life through sabotage
or attack?
• For example, spreading rumors about you, ruining you reputation, publicly humiliating you,
posting private photos or information publicly, jeopardizing your job or school, interfering with
your finances, interfering with your housing, interfering with the custody of your children,
interfering with immigration issues, interfering with medical care, outing you as a member the
LGBTQ+ community, pretending to be you online, preventing you from leaving, attacking you, or
attacking pets or people close to you?
• This can be done in person or online, including hacking into or taking over your financial, social
media, or other accounts without your permission.
• Has the suspect physically or sexually assaulted you while stalking / harassing / threatening you?
• Has the suspect forcibly kept you from leaving, held you against your will, caused you to have a
serious accident, or seriously attacked you in other ways?
• Has the suspect physically, sexually, or otherwise assaulted your friends or family members?
• Has the suspect forced you to engage in sexual activities with others?
Stalking Cases: Law Enforcement Investigations and Report Writing 8
• Has the suspect ever taken photos or videos of you without your consent?
• Has the suspect ever shared/posted photos or videos online of you without your consent (even if
they were taken consensually)? Has the suspect ever placed a picture of your face on photos or
videos using deepfake technology? (Meaning the face was yours, but the body was not.)
22) Do you believe the suspect is using technology to threaten, harass, stalk, or sabotage you?
23) Do you think the suspect is monitoring your location or activities using GPS, apps, AirTag/Tile,
stalkerware? Are they accessing your personal accounts, posting personal information, and/or posing as
someone else?
VICTIM INTERVIWS: DURATION, INTENSITY, FREQUENCY
24) Approximately when did the stalking/harassment/threatening behavior from the suspect first start?
• Has it been continuous? Stopped and started again? Increased, decreased, ceased over time?
Coincided with specific dates or events?
25) Does the suspect regularly contact or harass you in more than one way?
26) Does the suspect bother you in-person at more than one physical location?
27) Has the suspect’s behavior increased in frequency or severity in recent months or weeks?
28) In a typical day / week / month, how often does the suspect make unwanted contact?
29) In a typical day / week / month, how often does the suspect directly approach or confront you?
30) In a typical day / week / month, how often does the suspect interfere with your life?
VICTIM INTERVIWS: VICTIM RESPONSE
31) Have you ever gotten new phone numbers, email accounts, social media, etc. and not told the suspect?
32) Have you ever made any changes to any of your accounts or device settings because of the suspect?
33) Have you ever increased any security or privacy measures because of the suspect?
34) Have you ever spent any money on safety devices or accommodations because of the suspect?
35) Did you ever move, change phones or phone numbers, or change jobs, schools, daycare, gyms, religious
institution, etc. because of the suspect’s actions?
36) Has the suspect’s behavior had an impact on your daily life? If so, how?
• Did you change routines or activities as a result?
• Has this had an impact on your job, academics, hobbies, etc.?
• What, if anything, have you done differently in your life as a result of this situation?
37) Were you ever frightened? When did you start to feel this way?
• What did you think might happen to you?
Stalking Cases: Law Enforcement Investigations and Report Writing 9
• How often did or do you feel frightened, threated, scared, or concerned for your safety?
38) Were you ever concerned for the safety of your children, family, friends, coworkers, and/or pets?
• When did you start to feel this way?
• What did you think might happen to them?
39) Are you afraid or concerned about a significant financial or social impact the suspect has had or might
have on your life (e.g., loss of job, loss of housing, deliberate financial harm)?
40) Are there any potential upcoming events/situations that particularly concern you about triggering an
escalation of the suspect’s behavior or violence (e.g., separation/divorce, court date, property dispute,
custody dispute, anniversary, birthday, a new partner)?
41) Do you ever respond to or interact with the suspect? What are your reasons?
42) Do you believe the suspect is aware that the things they are doing upset or bother you?
43) Do you sometimes feel bad for the suspect because they are depressed, had a hard life, had something
difficult happen in life recently, they use substances, or for some other reason?
44) Do you feel you are more vulnerable to the suspect’s stalking, harassing, or threatening behavior
because there are things about your life that limit your ability to be safe?
• Does the suspect go to school or work at the same place as you? Is the suspect a neighbor or
family member? Do you have children in common?
• Do you live in unsafe housing, have limited access to resources, live an isolated life, or have limited
access to safety measures?
45) Do your community, friends, or family not believe you? Support the suspect?
46) How would you describe, in your own words, your emotional response to the situation?
VICTIM INTERVIWS: SUSPECT’S CAPABILITY
47) Do you believe the suspect is capable of harming you or others close to you?
48) Has the suspect been directly and clearly notified that the harassment / stalking is unwanted informally
(e.g., verbal or written notification from you, a friend, family member) and/or formally (e.g., arrest,
police notification, court order, protective order, probation/parole conditions, condition of release)?
49) Has the suspect persisted in contacting, threatening, and/or engaging in other unwanted behavior after
they were notified to stop?
50) Is there a court order (e.g., protective order, restraining order, or other court order) banning the
suspect from contacting, harassing, or being violent toward you?
• If “yes,” has the suspect violated the order?
51) Prior to the current harassing / threatening / stalking behavior, has the suspect been controlling,
extremely jealous, and/or physically violent toward you or others in the past?
52) Prior to the current harassing / threatening / stalking behavior, has the suspect ever threatened or used
a weapon on you, strangled you, and/or ever forced you to have sex or perform sex acts in the past?
Stalking Cases: Law Enforcement Investigations and Report Writing 10
53) Does the suspect have a criminal history, are they on probation/parole, do they have drug or alcohol
problems, and/or have serious mental health issues?
54) Has the suspect thought about, attempted, or threatened suicide in the past?
55) Does the suspect have a gun(s), are they obsessed with weapons, or do they have special military
training/law enforcement background?
56) Do messages from the suspect suggest they feel rejected, humiliated, or degraded in some way by you
(e.g., due to separation, loss of reputation/status, refusal to go on a date, or some other reason)?
• Has the suspect indicated they want revenge or blame you for ruining their life?
57) Does the suspect seem unconcerned about consequences for their behavior?
• Are they concerned about severe consequences such as going to jail or dying?
58) Has the suspect’s harassing/threatening/stalking behavior previously been reported to police, court,
school staff, workplace security, or other authorities? By you or others? In which jurisdictions?
SUSPECT INTERVIEWS
It is important to ask open-ended questions and give the suspect plenty of time to respond. In general, you
want to learn whether the suspect knew or should have known that the contact and/or communication was
unwanted. Many stalkers express that the situation is a misunderstanding, so it is often helpful to ask, “how is
what you’re doing being misunderstood?” to learn what they think about their behavior. Discuss the
possibility of recording an audio or video statement to preserve what they say along with their demeanor.
1) Do you know the victim?
• How long have you known them?
• How would you describe your relationship?
• Has your relationship changed? If so, how?
• When did your relationship change?
• What type of contact and communication was typical in your relationship? (in-person, phone
calls, text messages, emails, social media platforms, other apps, etc.; both medium and frequency)
2) Who are some people familiar with the relationship between you and the victim?
3) Describe your contact and communication with the victim.
4) Describe the timeline or history of this contact and communication.
5) How did you contact them?
6) Did you receive a response?
• What was it?
7) What was the purpose of the contact?
8) What made you decide to continue the contact (either after you were asked to cease, when responses
ceased, or when no response was received)?
Stalking Cases: Law Enforcement Investigations and Report Writing 11
9) What electronic communication devices do you use? Would you be willing to let us view them?
10) What is your cell phone provider?
11) What social media accounts do you use and what are your usernames? Would you be willing to let us
view those accounts?
12) What devices do you use to access social media?
13) What is your internet service provider?
14) Where and how do you access the internet?
15) Have you ever been accused of something like this before? By whom? When?
• What was your response? How did it make you feel?
RISK FACTORS
Evidence-based research has found that the presence of or increase in any of the 14 factors below
contributes to increased risk of current and future harm to the stalking victim.
iii
FOR MORE INFORMATION
For additional resources and support on law enforcement’s response to stalking, visit
www.StalkingAwareness.org/law-enforcement-resources and contact SPARC at tta@stalkingawareness.org.
SPARC’s website also has resources for law enforcement to share with partners, to better work together to
build stalking cases, support victims, and hold offenders accountable, including The Prosecutor’s Guide to
Stalking, The Victim Advocate’s Guide to Stalking, and Recorded Trainings.
Stalking Cases: Law Enforcement Investigations and Report Writing 12
i
Logan, TK & Walker, R. (2017). Stalking: A Multidimensional Framework for Assessment and Safety Planning. Trauma, Violence & Abuse, 18(2),
200-222.
ii
Questions are based on Logan & Walker’s Multidimensional Framework and modeled after the information collected in the Stalking,
Harassment, and Risk Profile (SHARP) risk assessment; for more information, visit: http://www.coercivecontrol.org/
iii
Risk factors are based on Logan & Walker’s Multidimensional Framework and the Stalking, Harassment, and Risk Profile (SHARP) risk
assessment.
