Cultic Studies Journal, Vol. 15, No. 1, 1998, page 13
Challenges, such as the one in Brzonkala, in the lower federal courts as to the
constitutionality of VAWA, may eventually need to be resolved by the United States
Supreme Court.105 These challenges have been fueled by the United States Supreme
Court‟s 1995 decision of United States v. Lopez,106 in which the Court struck down a federal
statute holding that Congress exceeded its powers under the commerce clause of the
federal constitution in enacting the Gun-Free School Zones Act, legislation aimed at making
schools safer. Future Supreme Court decisions may resolve the controversy as to whether
the VAWA is constitutional.
Congress should continue funding the VAWA programs, remedies, and studies. The 1994
House of Representatives unanimously passed the VAWA in an election year, but the newly
elected Congress was resistant to funding it. Representative Patricia Schroeder and others
had to fight for appropriate funds. In criticizing Congress for its lack of support in funding
the VAWA, Rep. Schroeder commented, “The bottom line is that Congress funds what it
fears. Apparently, it just doesn‟t fear violence against women.”107
III. Antistalking
Until recently, police had no power to arrest stalkers because they had committed no legally
recognized crime.108 Kathleen Krueger, wife of a Texas candidate for the U.S. Senate, tells
a chilling account of how the couple was stalked for nine years.109 The couple had
befriended a pilot of the airplane they used for the Senate campaign. When Mr. Krueger
lost the campaign, the pilot began harassing them, and the harassment intensified. He
called them as often as 120 times in a day. Often he had made threats and used foul
language. He had broken no Texas laws. But when the stalker called them from another
state and made a threat on the life of Mr. Krueger, then the FBI acted under federal law.
A. Recent Antistalking Laws
Since 1990, all of the states enacted legislation that makes stalking a crime.110 In addition,
Congress enacted legislation that prohibits interstate stalking.111 Since 1996, federal law
provides, “Whoever travels across a State line ...with the intent to injure or harass
another person, and in the course of, or as a result of, such travel places that person in
reasonable fear of the death of, or serious bodily injury ...to, that person or a member of
that person‟s immediate family. ...”112
Under federal law, the United States Attorney General is authorized to provide grants to
states and local government to improve data collection regarding stalking.113 Because of the
nature of the crime, figures on the numbers of stalkers are not readily available. One
commentator estimates that more than “200,000 people, most of whom are abusive men,
are stalkers.”114
Unlike other crimes that are identifiable from a single act, stalking is comprised of a series
of actions that individually may not constitute a crime at all.115 What is particularly
dangerous about this kind of crime is that initially the victim may be annoyed but not
fearful. Eventually, however, a stalker‟s behavior typically becomes more and more
threatening, serious, and violent. Under the state and federal laws, a stalker does not need
to be a stranger, but may be an intimate or an acquaintance.116
Under these new laws, the police no longer need to wait for an assault to occur in order to
make an arrest. Courts may also issue protective orders to intervene in early instances of
stalking. The new laws permit courts to impose strict release conditions requiring the
defendant to stay away from the victim while the defendant is pending trial.117 Many states
have both misdemeanor and felony classification for stalking. Misdemeanors generally carry
a jail sentence up to 1 year. Sentences from 3 to 5 years are typical for felony stalking
offenses.118
Challenges, such as the one in Brzonkala, in the lower federal courts as to the
constitutionality of VAWA, may eventually need to be resolved by the United States
Supreme Court.105 These challenges have been fueled by the United States Supreme
Court‟s 1995 decision of United States v. Lopez,106 in which the Court struck down a federal
statute holding that Congress exceeded its powers under the commerce clause of the
federal constitution in enacting the Gun-Free School Zones Act, legislation aimed at making
schools safer. Future Supreme Court decisions may resolve the controversy as to whether
the VAWA is constitutional.
Congress should continue funding the VAWA programs, remedies, and studies. The 1994
House of Representatives unanimously passed the VAWA in an election year, but the newly
elected Congress was resistant to funding it. Representative Patricia Schroeder and others
had to fight for appropriate funds. In criticizing Congress for its lack of support in funding
the VAWA, Rep. Schroeder commented, “The bottom line is that Congress funds what it
fears. Apparently, it just doesn‟t fear violence against women.”107
III. Antistalking
Until recently, police had no power to arrest stalkers because they had committed no legally
recognized crime.108 Kathleen Krueger, wife of a Texas candidate for the U.S. Senate, tells
a chilling account of how the couple was stalked for nine years.109 The couple had
befriended a pilot of the airplane they used for the Senate campaign. When Mr. Krueger
lost the campaign, the pilot began harassing them, and the harassment intensified. He
called them as often as 120 times in a day. Often he had made threats and used foul
language. He had broken no Texas laws. But when the stalker called them from another
state and made a threat on the life of Mr. Krueger, then the FBI acted under federal law.
A. Recent Antistalking Laws
Since 1990, all of the states enacted legislation that makes stalking a crime.110 In addition,
Congress enacted legislation that prohibits interstate stalking.111 Since 1996, federal law
provides, “Whoever travels across a State line ...with the intent to injure or harass
another person, and in the course of, or as a result of, such travel places that person in
reasonable fear of the death of, or serious bodily injury ...to, that person or a member of
that person‟s immediate family. ...”112
Under federal law, the United States Attorney General is authorized to provide grants to
states and local government to improve data collection regarding stalking.113 Because of the
nature of the crime, figures on the numbers of stalkers are not readily available. One
commentator estimates that more than “200,000 people, most of whom are abusive men,
are stalkers.”114
Unlike other crimes that are identifiable from a single act, stalking is comprised of a series
of actions that individually may not constitute a crime at all.115 What is particularly
dangerous about this kind of crime is that initially the victim may be annoyed but not
fearful. Eventually, however, a stalker‟s behavior typically becomes more and more
threatening, serious, and violent. Under the state and federal laws, a stalker does not need
to be a stranger, but may be an intimate or an acquaintance.116
Under these new laws, the police no longer need to wait for an assault to occur in order to
make an arrest. Courts may also issue protective orders to intervene in early instances of
stalking. The new laws permit courts to impose strict release conditions requiring the
defendant to stay away from the victim while the defendant is pending trial.117 Many states
have both misdemeanor and felony classification for stalking. Misdemeanors generally carry
a jail sentence up to 1 year. Sentences from 3 to 5 years are typical for felony stalking
offenses.118
