Twentieth International Conference on New Directions in the Humanities

Abstract

Accountability for perpetrators of harassment or domestic violence, including stalking requires courts to be well-informed on the different types of technology and how technology is utilized to stalk and harm victims. Courts generally are not on the forefront of technology and do not understand technology. Without a solid understanding of technology and how it is perpetrated to stalk and harm others, perpetrators will not be held accountable by the courts. Since stalking through the use of technology is often not done in plain sight, courts are less willing to hold perpetrators accountable because they misunderstand how technology is used to harm others and the impact of that harm. In the ever-revolving evolution of technology exacerbated by the pandemic where courts are forcing victims to utilize remote technology in their court cases, perpetrators are also using technology to stalk and harm under the auspices of the judiciary. Domestic violence is nuanced. It is often carefully orchestrated and manipulated by an abuser who has honed her/his talent of blaming the victim, and providing believable explanations, to the technology novice. This paper explores, through hypothetical case studies, the lack of accountability by the courts of perpetrators who use technology to stalk and harm their victim. In addition, it explores safe guards for the courts to put in place to minimize the harm to victims in the court’s decisions that involve harassment or domestic violence, including stalking.