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Stalking As a Variant of Domestic Violence

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Stalking As a Variant of Domestic Violence Stalking as a Variant of Domestic Violence J. Leslie Kurt, MD Much of what is presently known about stalking in a domestic context has been depicted by the popular press, typically following a tragic outcome, and suggests that it is a problem of increasing dimensions. However, scientific litera- ture on this subject is quite limited. This article provides an overview of scientific data related to stalking and associated psychiatric syndromes, including eroto- mania. It reviews the current antistalking legislation and the National Institute of Justice Model Anti-Stalking Code. Four case studies of stalkers with psychotic disorders versus personality disorders are presented, and the differential diag- noses are discussed. The implications of diagnostic classification, with respect to criminal responsibility, are also discussed. In November of 1992, the Chief Judge named David Purdy, a private investiga- of the State of New York, Sol Wachtler, tor, to obsewe the victim. In August of was arrested by federal agents and 1992 "Purdy" delivered a typed letter to charged with conspiracy to commit extor- Silverman's building that said, "it will tion and threatening to kidnap a child. cost you to get me out of your life." The charges emerged after an intensive In September of 1992 Judge Wachtler Federal Bureau of Investigation (FBI) directed the victim to establish another investigation uncovered a systematic, telephone line in her home and take out an highly convoluted and technically sophis- ad in the New York Times classified sec- ticated operation to extort money from tion advertising "Lost Texas Bulldog," Joy Silverman. with the new phone number, in order to According to Ms. Silverman, in April discuss blackmail terms. In the original of 1992 she began to receive obscene let- extortion demand, Wachtler indicated that ters, greeting cards, and joke cards. he had tape recorded and photographed Sometime later, a series of threatening intimate relations between Ms. Silverman phone calls began. As part of Judge and her married boyfriend and would Wachtler's campaign of harassment, he make this information public if she didn't also developed a fictional character comply with his wishes. Ultimately, Ms. Silverman received threats that her daughter would be kidnapped if she failed Dr. Kurt is assistant clinical professor of psychiatry, Yale University, and on the staff of Yak Psychiatric In- to meet the demands specified. stitute, New Haven, CT. Address correspondence to: J. On September 19, 1992, Ms. Silverman Leslie Kurt, MD, Yale Psychiatric Institute, 184 Liberty Street, New Haven, CT 06.519. contacted FBI Director William Sessions Bull Am Acad Psychiatry Law, Vol. 23, No. 2, 1995 21 9 Kurt and told him that she was being threat- Wachtler.' Scorned in one area, he simply ened and harassed by an unknown man. couldn't let go."4 The following day she met with several New Jersey FBI agents. Ms. Silverman Overview told them that she had had an affair with Over the last 20 years, domestic vio- Judge Wachtler after her marriage dis- lence has been recognized as a social solved and that he subsequently became problem of some magnitude. National enraged when she began seeing another surveys estimate that approximately two man. 1 million women are battered by their hus- In the months following arrest, there bands annually, although current esti- was some speculation that Wachtler's at- mates of prevalence probably fall short torneys would pursue an insanity defense, for a number of reasons, the most obvious citing his recently diagnosed bipolar dis- being under-reporting of incidents by order and prescription drug mi~use.~John victims. Conventional statistical analysis Money described Wachtler as "manifest- of criminal data also underestimates the ing advanced symptoms of the disease, actual incidence of domestic violence erotomania," and likened him to other when commonly associated, nonassault men and women suffering from this "dis- criminal charges such as breach of peace ease," who are "stricken with love-sick- and disorderly conduct are excluded from ness and obsessionally possessed by love re vie^.^ A substantial proportion of vic- ~nre~uited."~The prosecution posited that tims also demonstrate significant mor- his actions were simply those of a lover bidity.6 spurned. Analysis of FBI homicide data from On April 1, 1993 Judge Wachtler pled 1976 through 1985 by Mercy and Saltz- guilty to threatening to kidnap the daugh- man7 identified 16,595 spouse homicides ter of Joy Silverman. Under the plea representing 8.8 percent of all homicides bargain, a five-count indictment that in- reported. This study did not take into ac- cluded an extortion charge was dropped count homicides involving intimates how- by Federal prosecutors. In explaining ever. Further analysis of FBI homicide his actions to the court, Mr. Wachtler data from 1976 through 1987 by Keller- said that he "began a course of activity man and Mercy reveals that, although aimed at causing Ms. Silverman to women are at substantially lower risk for seek my help and protection. To do this homicide overall, almost 40 percent of fe- I hoped to put Ms. Silverman in fear male homicide victims were murdered by that her reputation would be ruined a spouse, intimate acquaintance, or family by publicizing her relationship with member. The authors note that there is David Samson." Of this, Michael often a pattern of escalating violence Chertoff, the Federal prosecutor re- prior to domestic homicide and that marked, "He confessed to carrying out a women are commonly murdered by their campaign of terror against a woman partners while in the process of leaving an whose only crime was she said, 'no, Sol abusive relationship.' 220 Bull Am Acad Psychiatry Law, Vol. 23, No. 2, 1995 Stalking and Domestic Violence To date, stalking has not been described nearly half of the states had laws prohibit- in the literature as a form of domestic vio- ing some forms of harassment; however, lence." The only research data currently most of these statutes were very limited in available, to the best of my knowledge, is scope and few specifically prohibited that of ~ietz,"" who has studied stranger unauthorized touching with intent to stalking by investigating the pursuit of alarm, or following in public places. Fur- celebrities and politicians by mentally thermore, virtually all states treated ha- ill offenders. Thus, much of what is rassment as a misdemeanor, with fines presently known about stalking in a do- falling below $600 and maximum sen- mestic context has been depicted in the tences of less than seven months. Avail- popular press, typically following a tragic able civil remedies included injunctive re- outcome, and suggests that it is a problem lief, monetary compensation, and actions of increasing dimensions. In the domestic for defamation, trespass, assault, nui- arena, there is no doubt that some stalking sance, invasion of privacy, and intentional behavior represents a form of domestic infliction of emotional distress. These ac- violence and can be construed, at the very tions, however, require proof of specific least, as a type of interpersonal coercion, elements frequently absent in harassment as the Wachtler case illustrates. Motiva- scenarios and are expensive and time con- tion of the stalker is likely variable and suming. Even more critical, with the pos- multidetermined. Common wisdom sug- sible exception of injunctive relief, they gests that stalking behavior is generally provide no immediate protection to vic- employed following a separation or the tims and may ultimately be of no deter- dissolution of a relationship, but there is rent benefit whatever.12 little empirical data about its incidence, In the last few years state statutes have course, or resolution in the absence of a been developed to more specifically ad- disastrous denouement. dress harassment in the form of stalking. Until recently, legal remedies for stalk- Following the homicide of Rebecca Scha- ing have been grossly inadequate and, effer, in 1990, California became the first from a practical standpoint, largely un- state to enact a stalking law.+ In response available. Dietz, in a review of legal relief to other highly publicized cases, growing available to victims of obsessional harass- media attention, and expanding public ment in 1984, concluded that victims concern, as of November 1993, 48 states "often find comprehensive criminal reme- and the District of Columbia have insti- dies non-existent and civil remedies ex- tuted antistalking statutes. Two others, pensive and uncertain."12 At that time, Arizona and Maine, have revised harass- ment and terrorizing statutes, respec- tively, to make them applicable to stalking *For the purposes of this article, stalking is defined in current statutory language as "willful, malicious and re- situations. Approximately 11 states, Cali- peated following and harassing" in which a "credible threat, either expressed or implied" is made and places the victim "in reasonable fear of death or scrious bodily harm." TCal. Penal Code 5 646.9 (West 1995). Bull Am Acad Psychiatry Law, Vol. 23, No. 2, 1995 Kurt fornia and Illinois among them, have re- stitutionally enforceable model that can vised and expanded existing antistalking serve as a guide in the development of legislation in 1993. California has added a further state legislation. civil remedy creating liability for the tort The results of this study were published of stalking, which allows for equitable by the NIJ in October of 1993.13 It recom- relief, not limited to an injunction, and mends that stalking be classified as a monetary compensation, including but felony offense and that penalties be estab- not limited to general, special, and puni- lished for stalking that reflect and are pro- tive damages.$ portionate to the seriousness of the crime. State code typically defines stalking as The NIJ study also suggests expansion of "willful, malicious and repeated follow- code language.
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