Victim's Alleged Failure to Report Stalking Too Familiar, Advocates Say

Women's right advocates say the stabbing rampage that left four people dead this weekend is a chilling reminder of how dangerous it can be when stalking goes unreported.

Stabbing suspect Maksim Gelman, 23, was reportedly obsessed with 20-year-old Yelena Bulchenko, and tried repeatedly to call and visit her before allegedly stabbing her to death last Friday. Bulchenko never filed a report about Gelman's unwelcome advances, police said, and advocates say they're not surprised: stalking is a vastly under-reported crime.

If the stories about Gelman's stalking are true, law enforcement authorities are still investigating why Yelena Bulchenko never reported them to the police. Gelman is also accused of killed three others during a 28-hour murder spree.  

One reason stalking victims don't come forward, advocates say, is because too many people don't understand stalking is actually a crime. It became an arrestable offense under New York state law only 12 years ago.  

"If a guy is following a woman, contacting her, and she has let him know, 'Please leave me alone, I'm not interested, please stop calling me,' and he keeps doing it, that's stalking," said Jane Manning, a former domestic violence prosecutor and president of the National Organization for Women's New York City chapter.  

Manning said even unwanted texts or emails can amount to a crime. The state penal code states that stalking occurs when someone intentionally and repeatedly puts someone else in fear for his or her safety by following, calling or otherwise contacting that person.  

Manning said it's crucial that victims come forward as soon as possible if they suspect someone is stalking them.  Only then can prosecutors help the victim get an order of protection.

"Here's the idea behind an order of protection: If a judge says, 'Leave this woman alone,' and then you don't leave her alone, an arrest can be made before the situation gets worse," said Manning.  

That's important, she said, because stalking is often an escalating crime, and prosecutors can only help a victim get a protective order if they have a police report.  (Domestic violence victims who live with their attackers can seek protective orders on their own through Family Court, but stalking victims who do not live with their stalkers do not have that option.)

Prosecuting stalkers can be a challenge. Madeline Garcia-Bigelow, who directs the Domestic Violence Project at the Urban Justice Center, said police sometimes have difficulty arresting someone for stalking because they don't have enough evidence to show probable cause for that arrest. Victims may have disturbing verbal confrontations with their harassers, but they have no documented evidence of being followed or contacted.  

"Oftentimes, the victim has a sense that something is happening, and certainly in a conversation that's validated, but how do you prove that in court? With physical abuse, if you've gone to the hospital, there is some external proof," said Garcia-Bigelow.

Nevertheless, Garcia-Bigelow said victims should be in contact with police as early as possible so they can get help coming up with a safety plan, such as changing locks and phone numbers or moving to another part of the city.