During the past
few decades the expansion of the digital industry has created a society that is
immersed in high-tech electronics that have changed the way people interact
with each other.
Working to Halt
Online Abuse, a volunteer organization that fights to contend against online
harassment by educating the general public claims “with the progression of our
society, and ultimately the expansion of the internet, we are now seeing a new
medium for abuse.” Cyberstalking is the
new medium.
A common
misconception about cyberstalking is that it is following someone’s activities
via social media, although according to Norton, an Internet security software
provider, this is not entirely the case.
According to Norton cyberstalking can be expanded to also include false
accusations, monitoring threats, identity theft, data destruction or
manipulation, and the exploitation of minors.
“Cyber stalkers
use email, instant messages, phone calls, and other communication devices to
stalk,” the Norton Security website says.
The Internet
provides an avenue for harassers to be able to create anonymity, which enhances
the intimidation and makes tracing the activity more difficult to trace. Although, victims are put in greater physical
danger when combine with real world stalking; victims of domestic violence are
often cyberstalking victims.
According to a
bill passed in 2005, the South Carolina legislative amended a section their
Code of Laws that pertains to stalking and harassment to include
cyberstalking. The bill defines
cyberstalking as the “use of an electronic communication or electronic mail to
unlawfully harass or stalk another person.”
This law, the
South Carolina Code of Laws 16-3-1700, currently includes electronic
communication in its definition of 2nd degree harassment, which “may
include, but not limited to, verbal, written, or electronic contact that is
initiated maintained or repeated.”
If convicted of 2nd
degree harassment suspects are guilty of a misdemeanor and will be fined no
more than one thousand dollars or imprisoned no more than a year. Harassers can be charged with both penalties
if they have had prior convictions of harassment or stalking within 10 years,
or if they acted against a restraining order that prohibited the harassment.
The
motto of the Winthrop University Campus Police concerning harassment is “Don’t
be a victim! Be proactive not reactive!”
“As soon as it
happens tell the person to stop,” said Sergeant James Howe of the Winthrop campus
police. “Don’t let it fester, be
proactive and deal with it early on to keep it from spinning out of control.”
According to Howe
there have been 5 reported cases of cyberharassment so far in 2014, but
previously in 2012 there were no incidents reported.
The Winthrop
campus police provide several tips when dealing with harassment and stalking on
their website. For instance they suggest
that victims document each encounter with the alleged suspect and save messages
for evidence purposes.
“Let us know
what’s going on by filing a complaint as soon as it happens,” said Howe. “We will investigate what’s going on and make
contact with the individual. If there is
continued contact we will see if it meets the elements of the crime.”
Under South
Carolina law harassment is defined as a pattern of intentional, substantial and
unreasonable intrusion into the private life of a targeted person; serves no
legitimate purpose and causes the person mental or emotional distress.
“If elements of a crime are present then there
is probable cause and we will get a warrant for arrest,” said Howe.
