In The News

Proposed bill would close stalker law 'loophole'
Legislators say current law lacks total victim protection
Izajah Gordon

January 19, 2007

In recognition of National Stalker Awareness Month, several Massachusetts legislators proposed an amendment yesterday that would close a loophole in current anti-harassment laws.

According to current law, to acquire a Domestic Protective Order, a stalking victim must have a relationship with the stalker -- a point which legislators say must be modified.

Rep. Peter Koutoujian (D-Waltham), House Chair of the Joint Committee on Public Health, called the loophole "the cruelest hoax of all."

"Stalking is not simply about strength or power," he said. "It's about fear."

Cheryl Darisse, founder and president of Feel Safe Again, Inc. -- a public education organization -- said she lost her sister Sandra because of the loophole in the law. Sandra was murdered seven years ago by a stalker whom she did not know.

"[Sandra] asked for the protection but didn't qualify for a 209A Domestic Protective Order because she had no prior relationship with her stalker," Darisse said. "So in the end, she paid the ultimate price."

Sen. Cynthia Creem (D-Newton) sponsored a bill designed to help stalking victims secure new housing if necessary.

"Stalking and domestic violence continue to plague our community," Creem said in a press release issued yesterday. "We have to update our laws to not only prevent the violence but to help protect and assist the victim after the crime happens."

The proposed Harassment Prevention Bill would mandate that a stalker must stay away from a victim and "pay the petitioner monetary compensation for losses suffered as a direct result of the harassment."

The new bill would also grant victims of stalking, harassment or domestic violence a 15-day period in which they will get paid leave from work to settle any medical or legal issues which may arise.

"[Victims] should not have to worry about losing their job as well," Creem said.

Jane Doe, Inc. executive director Mary Lauby offered her support for the bill.

"This legislation effectively addresses the very real danger that victims of sexual assault and stalking fear and face," she said.

Darisse concluded the event with a speech asking for public support and awareness of the dangers of stalking and harassment.

"We are here today to not only create public awareness, but positive change," she said.

In addition to the stalker bill, legislators at the event proposed the Act Relative to the Enhancement of Public Safety, which would make it mandatory for someone to keep ingredients that could make a bomb in separate locations. Darisse explained her sister was killed when her stalker handed her a homemade bomb.

Sen. Pamela Resor (D-Acton) explained the act would amend existing laws so that any person owning some of the main components of a homemade bomb would be liable to be in breach of the law.