Still in the shadows: The unresponsiveness of stalking prosecution rates to increased legislative attention

Abstract

Stalking is a serious crime involving a course of repeated conduct that frightens, threatens, or harasses the victim. Despite growing scholarly attention, the criminal justice system response to stalking has been understudied. Prior research suggests that stalking, like other interpersonal crimes (i.e., sexual assault, domestic violence) is underreported; however, stalking cases are also inconsistently classified and managed by law enforcement (Brady & Nobles, 2017). This exploratory study used official court data from Houston, Texas to examine trends in stalking cases relative to two major revisions of Texas anti-stalking statutes. Results demonstrate that trends in arrests with intent to prosecute were stable over time and that very few cases of stalking were prosecuted in this jurisdiction during any given year, even as a comparison trend for the broader category of harassment charges showed escalation over time, consistent with population growth and other extra-legal influences. These findings suggest that stalking cases remain rarely prosecuted despite increasing awareness and provisions for enhanced penalties under Texas law. Implications for research and policy are discussed.