Stalking is a widespread problem in the United States. In fact, more than seven million people will be stalked over the course of one year. In addition to being a widespread issue, the stalking problem carries with it very high stakes. Fifteen percent of women and six percent of men have feared for their lives due to being victimized by stalkers.

Existing legislation against stalking is unfortunately, yet necessarily, nuanced. While definitions of stalking vary across jurisdictions, a working definition of stalking is behavior directed at a specific individual that would cause a reasonable person to feel fear. This definition leaves much latitude to the courts; including the power to decide what would cause a reasonable person fear.

Thankfully, victims can choose to file civil lawsuits against stalkers rather than trying them in criminal courts. To win a judgement in a civil court, the plaintiff requires only a preponderance of evidence, rather than having to prove the defendant guilty beyond reasonable doubt. In addition to this lower standard of guilt, the plaintiff may benefit from a shift in the court’s focus. While in criminal court, judges  will focus on whether or not the alleged perpetrator is guilty of stalking. In civil court, arbiters will discuss whether or not the defendant is liable for harm to the plaintiff. In particular, victims of stalking may benefit from having the opportunity to sue their defendants in civil court, where they can seek restitution as well as punishment for their tormentors.