Recent Technology Enables a New Form of Harassment

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 2^nd degree harassment, which “may include, but not limited to, verbal, written, or electronic contact that is initiated maintained or repeated.”

If convicted of 2^nd 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.