UPDATE

AS OF JANUARY 1, 2013 - POSTING ON THIS BLOG WILL NO LONGER BE 'DAILY'. SWITCHING TO 'OCCASIONAL' POSTING.

Showing posts with label violations. Show all posts
Showing posts with label violations. Show all posts

Friday, September 28, 2012

Internet Becoming a Pathway to Violations


by David Linton

Officials say people with restraining orders against them are using social networking to contact victims and victim's friends & families.


(Massachusetts, USA) A man embroiled in a domestic dispute with his estranged wife contacted her friends in an effort to see their kids, which was prohibited by a restraining order.

"She should let him see their father. She has issues with him. It shouldn't get in the way of the kids. Pass on the love," he allegedly said.

Prosecutors argued that the defendant, 38-year-old George Manchester of Fall River, violated a restraining order by trying to contact his estranged wife through her friends.

Only Manchester, who denies the allegations, did not speak to the friends directly or send them a letter.

Prosecutors say Manchester, who police say has a history of domestic violence and violating restraining orders, reached out through cyberspace on the social networking website Facebook. "Your honor, it looks like he's coming up with more creative ways to violate the restraining order without getting caught," Assistant District Attorney Kelly Costa argued last month during a bail hearing for Manchester in Attleboro District Court.

The use of social networking websites like Facebook, Twitter and MySpace by domestic abuse defendants prohibited from contacting their victims is becoming more common, authorities say, as the use of the websites has proliferated in society.

North Attleboro police Detective Michael Elliott says he's investigated numerous cases in which restraining orders were violated by people using social networking websites, as well as e-mail and cellphone texting.

"Just because it's not in person doesn't mean it's not a violation," said Elliott, who has investigated numerous cybercrimes. "Violations using the phone and violations over the Internet are very similar."

Officials at New Hope, a non-profit women's shelter and domestic abuse support agency, say technology is a good way to keep in touch with family and friends, but it also has been used to torment domestic abuse victims.

"Many of New Hope's clients have in some form or at some point had technology used against them by their abuser, and perpetrators of violence are becoming increasingly 'tech-savvy' in using various devices to abuse or locate their victims," New Hope spokeswoman Laura Hennessey Martens said. "It is important for survivors to know that while living in an abusive home or even after leaving their abuser, social media, cell phones and other technologies can continue to be used against them and may jeopardize their safety," Martens said.

In Bristol County, there have been cases in all four district courts in which defendants have violated restraining orders through text messaging or social networking sites.

In one New Bedford case, a man is alleged to have taken his ex-girlfriend's cell phone and texted her friends, threatening to kill her, said Gregg Miliote, a spokesman for Bristol County District Attorney Sam Sutter.

"We've had defendants threaten to kill victims and burn their houses down. It seems that in the past few years it is an ever more popular way for defendants to violate restraining orders," Miliote said.

There are no local statistics to show the number of incidents, Miliote said, but prosecutors in the domestic violence unit have been successfully prosecuting more and more defendants for violating restraining orders through cyberspace.

"It's not unusual," Miliote said.

A U.S. Justice Department survey released last year noted that 1 in 4 stalking victims reported some form of cyberstalking by e-mail or instant messaging - and that was based on information gathered in 2006.

With the increased popularity of social networking and smartphones within the past few years, authorities say instances of cyberstalking or prohibited contact due to a restraining order is almost certainly higher.

Social networking, whether by e-mail or websites, is becoming more popular among all age groups, with 86 percent of those 18 to 26 using social networking sites, up from 16 percent in 2005, according to a survey released last month by the Pew Research Center.

Users 30 to 49 shot up from 12 percent in 2005 to 61 percent in May 2010.

The fastest growth occurred in the 50 to 64 age group, with the figures more than doubling in one year. Last year, 22 percent said they used social networking sites, jumping to 47 percent in May 2010, according to the Pew survey.

Martens says domestic violence victims can protect themselves.

While each domestic violence survivor's situation is unique and may require different strategies to "stay ahead" of his or her abuser, some basic technology safety tips include:

If using a computer that your abuser might have access to, be sure to clear your browser. However, computer use can still be monitored and Internet use is impossible to completely clear.

It is recommended that survivors instead use a computer that the abuser does not have access to.

Keep personal or identifying information offline. Online photos and postings can be used to track victims' whereabouts. This includes photos and postings by family and friends of a survivor.

Keep in mind that, even when selecting privacy settings at the highest level of privacy, there is still no guarantee that the information will be or will remain private.

Keep in mind that cell phones, car safety tracking systems and other technologies have GPS tracking devices that can be used by abusers to locate their victims.

More information is available on New Hope's website http://www.new-hope.org

Saturday, September 25, 2010

Online Novel Gets Jail for Stalker/ Writer

A stalker wrote a blog about raping and murdering a woman he had been harassing in real life for two years.

Greg Downing detailed the imagined attack on children's author Katharine Quarmby in an online novel.

He bombarded Ms Quarmby with phone calls and emails since they met through an online dating site in 2008.

Yesterday the 40-year-old was jailed for six months for putting a person in fear of violence after he admitted what a judge described as a “campaign of harassment.”

Blackfriars Crown Court, in London, was told Ms Quarmby stumbled upon the blog after Downing, of Beacon Road, Crowborough, was convicted three times of stalking her.

She typed her name into the internet search engine Google and found a 29-page piece titled A Novel: Katharine Quarmby, About a Man Stalking the Writer, Burgling her Home, Raping and Finally Murdering Her.

Thursday, February 05, 2009

NJ Stalking Law Gives More Help to Victims

Since some of our victims are cyberstalked and relentlessly harassed once their predator is exposed - this change in one state's law may set a precedent for others:

BY REBECCA MORTON


With a unanimous vote the state Senate passed a bill that would make it easier for police to assist the victim of a stalker.

The action came during the Senate's final voting session of 2008 on Dec. 15.
"I am pleased to join with my colleague, Sen. Buono, in sponsoring this landmark legislation that will broaden protections for stalking victims. This measure will simply let women live free from fear," Sen. Jennifer Beck (R-Monmouth and Mercer) said of the bill she sponsored.

The legislation was sponsored by Beck and Sen. Barbara Buono (D-Middlesex).
Initially introduced in June 2007 by former Assemblyman Mike Panter (D-Monmouth and Mercer), the bill has undergone some changes from the version that the Assembly unanimously passed March 13.

Changes included the removal of a section that related to mental suffering or distress. Originally, the bill stated that emotional stress was defined as significant mental suffering or distress, that may, but does not necessarily require medical or other professional treatment or counseling. The bill now reads that emotional stress is defined as significant mental suffering or distress, leaving no mention of medically proving that state.

Also changed was the degree of the penalty if an individual is convicted of stalking. Initially the bill sought to make stalking a third-degree crime, but changes have been made to maintain the crime at a fourth-degree level for a first offense.

Tom Fitzsimmons of Beck's office explained that the amended version will return to the state Assembly for a revote in 2009. The Assembly also met on Dec. 15 for its last session of the year.

According to the New Jersey Legislature's Web site, the Assembly will meet again for voting Feb. 5. If the bill is placed on that day's agenda and is once again passed in the Assembly, the governor can then sign it into law.

The bill will expand the current stalking law to include conduct that causes a reasonable person to fear for his or her safety or the safety of a third person or to suffer emotional distress. The bill also amends the definition of course of conduct to include directly or indirectly or through a third person or by device to follow, monitor, surveilling, threaten or communicating to or about a person (such as posting blogs or comments to websites about them!). It also covers interfering with a person's property and repeatedly committing harassment against a person.

"Technological advances require that the Legislature update and amend current statutes to ensure that the victims of stalking receive the best available protection," Beck said, citing global positioning systems and easily concealed cameras that furnish stalkers with the means to harass another individual.

Law enforcement officials have previously stated in Greater Media Newspapers that the current law limits their actions unless a direct threat is made against the victim.

The bill was initially drafted with the assistance of a Monmouth County woman who is a victim of stalking, along with input from Manalapan Police Chief Stuart Brown, Marlboro police Detective Sgt. Paul Reed and Marlboro police Detective Ross Yenisey. The bill received additional information from the National Center for Victims of Crime, Washington, D.C., and the New Jersey Coalition for Battered Women.

Violators of the law would be punishable by a term of imprisonment not to exceed 18 months, a maximum fine of $10,000 or both. Violators who commit a second or subsequent offense are guilty of a crime of the third degree punishable by a maximum term of imprisonment of five years, a fine of $15,000 or both.

According to the National Center for Victims of Crime - the center reports that 1,006,970 women and 370,990 men are stalked annually.