
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: THURSDAY, March 24, 1994                   TAG: 9403260019
SECTION: EDITORIAL                    PAGE: A12   EDITION: METRO 
SOURCE: 
DATELINE:                                 LENGTH: Medium

STALKING THE STALKING LAW

ROANOKE-AREA prosecutors are understandably frustrated that Virginia's anti-stalking law has not produced more convictions. Only four last year, out of 23 cases prosecuted in the region. The conviction rate is apparently no better in other parts of the commonwealth, or in numerous other states where similar laws are now on the books.

The anti-stalking laws are designed primarily to deal with an especially malicious form of domestic violence: paralyzing and psychologically imprisoning a victim, usually a woman, with stark terror.

Unfortunately, it's difficult to prove that motive. Accused stalkers may convincingly claim that their actions were misunderstood - sometimes convincing even their victims. Indeed, compounding prosecutors' frustration is the fact that many who bring charges of stalking change their minds and ask that the charges be dropped.

This often happens, too, in domestic cases where physical violence actually occurs. But fickle victims are more crippling to prosecutions where there is no evidence or allegation of physical assault.

Doubtless, in some cases an accused stalker may have meant no harm, may even have not been aware that his or her actions were perceived as threatening.

Doubtless, too, in some domestic rifts, spite may prompt someone to make stalking charges without good cause. Laws cannot be drawn so loosely that convictions may easily result from wrongful or capricious accusations.

It's still troubling that odds may tilt against convictions because some judges (and law-enforcement officers) still tend not to take seriously enough a victim's complaints about stalking - unless or until the stalker commits physical violence, sometimes even murder.

In other instances, laws are virtually useless in halting pernicious and persistent psychological torture of a victim by an obsessed ex-spouse or ex-lover. The law may "work" to the extent that stalkers are convicted and given the maximum jail sentence, but the tormenting campaign is resumed at the end of each sentence.

Virginia's anti-stalking law - the second such law passed in the nation - has been on the books only a couple of years. As some local prosecutors suggest, it probably could be strengthened in minor and reasonable ways to get closer to optimum effectiveness.

But there are good reasons for keeping intent a part of the crime. Lawmakers in writing the statute took pains to strike a balance between rights to protection and peace of mind for stalkers' victims, and the suspects' rights to due process and freedom of movement and speech, etc.

That is a balance that must not be sacrificed for the sake of a higher conviction rate.

by CNB