Stalking

Stalking is a pattern of repeated, unwanted attention and contact by a person that causes fear or concern for one’s own safety or the safety of others.  Stalking can take place in person or through online or digital means.  The legal definition of stalking requires two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property, leading to “substantial emotional distress” by the person experiencing stalking. “Substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily require, medical or other professional treatment or counseling.

The Wake Forest University’s Sexual Misconduct Policy and Grievance Procedures more specifically defines stalking as “defined in 34 U.S.C. § 12291(a)(30): engaging in a course of conduct directed at a specific person that would cause a reasonable person to (A) fear for their safety or the safety of others; or (B) suffer substantial emotional distress. A “course of conduct” means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property. “Substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily require, medical or other professional treatment or counseling.”

Learn more about stalking at Coercive Control.

What are different types of stalking behavior?

• Surveillance
  • Following, showing up unexpectedly, spying
  • Using technology to follow, locate, or ‘keep tabs’ on someone
• Life Invasion
  • Repeated unwanted contact in person or by phone, text, email, note/card, message, third party, and/or social media
• Intimidation
  • Implicit and explicit threats, third party threats
  • Forced confrontations
  • Property damage
  • Threatened suicide
• Interference
  • Disruption of the victim’s life professional and socially
  • Physical and/or sexual attacks

What should I do if I think I’m being stalked?

Coercive Control recommends taking the following S.T.E.P.S for protection if you think you are being stalked:

What’s the difference between a no contact order and a restraining order?

No contact orders are typically mutual, two-way agreements to block communication between two parties who are both enrolled at the University.  No contact orders block direct communication (such as through verbal, written, email, or text message means), indirect communication (such as through social media, online postings and/or personal references), and attempting to reach the other party through a third party to transmit communication back to the other person.  A no contact order does not restrict a party’s physical movement or proximity to the other party, and will not prohibit the two individuals from being in the same location on campus at the same time. A no contact order is considered a supportive measure and can be attained through Title IX for students experiencing interpersonal violence and/or stalking.

A restraining order is a civil order issued by a judge and can be criminally enforced if violated- also known as a 50/b or 50/c.

• 50/b- used in cases of domestic violence/dating relationships (or other “personal relationship” stipulations defined by NC law)
• 50/c- used in cases of violence where parties did not have a “personal relationship” defined by NC law (i.e. stranger sexual assault or stalking, casual acquaintance)

A restraining order is able to restrict both communication and physical proximity and can be criminally enforced if violated. A restraining order would typically be used when one party is not associated with the University.