How to Defend Against Cyberstalking and Harassment Charges
If you’ve been charged with cyberstalking or harassment, your defense will likely focus on disproving the serious emotional distress claim. The prosecution must show that the victim’s fear was justified and that it resulted from your actions. One of the strongest defenses is showing that the victim’s emotional distress wasn’t reasonable or that it didn’t stem from your actions.
Common Defenses in Cyberstalking Cases
In harassment cases, the defense will focus on the intent behind your actions. If you were merely trying to get in touch with someone or express your feelings, rather than intending to alarm or distress them, it may be difficult for the prosecution to prove that you were acting with the intent to harass.
The Importance of Evidence
In some cases, the key to defense lies in the evidence, or the lack thereof. In many instances, law enforcement relies on witness statements or text messages. As a defense attorney, it’s essential to examine the evidence of cyberstalking thoroughly and challenge any inconsistencies or weaknesses in the prosecution’s case. We will often look at the circumstances surrounding an alleged cyberstalking or online harassment case and ask the accuser if they have changed their phone number not just blocked it as blocking can quickly be undone. We also ask if they have changed their routine, if they are losing sleep over this, if they have ended up making drastic steps like moving.
Another important element is looking at the communication history between the parties. Has there been clear communication not to contact them? We have seen times where two people will break up and the individual asks not to be contacted but then they get back together and when they break up again the second request not to be contacted is taken less seriously because of the back and forth in the relationship. Is the accuser forthcoming with their side of the communication? If they have deleted text messages, or DMs it can create what looks to be a one-sided issue. If they will not share their history that can create doubt in the legitimacy of their concerns. All of these different scenarios are considered when devising a defense strategy.
Damage Control
For those facing stalking or harassment charges, damage control is often key. It is nearly impossible to make the argument that contact and communication didn’t happen. The digital footprint is there to see. If you’ve made mistakes in the past, taking proactive steps, such as blocking the victim on social media, seeking counseling, or refraining from further contact, can help demonstrate that you’re not a threat.
Accused of Cyberstalking Case Examples
We have handled many cases where our clients have been accused of cyberstalking or online harassment. Compiled below are a few illustrative case examples of cyberstalking that we have seen countless times.
Case Study 1: The Divorce and the Apple AirTag
A husband is going through a contentious divorce and suspected his wife was cheating. Wanting answers, he placed an Apple AirTag in her car to track her movements. He never threatened her, contacted her excessively, or tried to intimidate her. He simply wanted to get proof of her infidelity for the sake of the divorce settlement.
The wife discovered the AirTag and claimed she feared for her safety. Law enforcement viewed the tracking device combined with the ongoing divorce dispute as repeat conduct with a potential credible threat, which fit the stalking statute.
Outcome
Even though the husband’s real intent was to gather information for the divorce, he was still charged because the law defines stalking by conduct, not the emotional motivations behind it. We have seen these cases happen “over and over again,” and some people even end up serving prison time for similar fact patterns. It is very important to have a lawyer who can clearly show the intent of the actions.
Case Study 2: The Repeated Messages After a Breakup
A couple broke up, and one partner said, “Stop talking to me.” Despite that, the other partner continued sending texts attempting to reconcile, using affectionate language and trying to re-open communication.
Even though the messages were not threatening, the repeated contact after being told to stop gave officers probable cause. Once law enforcement saw the pattern of messaging paired with a prior request for no contact, they charged the sender with stalking.
Outcome
In court, we would challenge the idea of “serious emotional distress,” in this case, especially if the couple resumed communication afterward, they met in person again, or they engaged in an on-off pattern typical of breakups. These inconsistencies make it harder for prosecutors to prove fear or emotional trauma.
Case Study 3: The Deleted Messages Trap
A person was accused of blowing up their ex’s phone with hundreds of messages. The alleged victim presented screenshots showing only the defendant’s messages, painting a picture of ongoing harassment and one-sided communication.
What has actually happened in these cases is that the accuser had deleted their own replies to make it look like our client has been harassing them.
Outcome
It can be difficult to obtain phone records and metadata, however the goal is to get to the truth and show that communication has been back and forth between both parties, dispelling the idea of serious emotional distress. If deception can be proven, charges may be dropped or reduced.
Case Study 4: The Protection Order Violation
Someone with an active protection order continued liking photos, sending DMs, and joining online groups the protected party was in.
Even harmless-seeming actions (likes, follows) become criminal when a protection order exists. With the internet involved, this becomes cyberstalking, and the charge can escalate to a Class 4 felony.
Outcome
If someone is charged with violating a protection order due to online harassment it can lead to mandatory arrest, higher felony classification, and potential for prison time. In these cases it must be shown that the individual understands they’ve crossed a line and that they are remorseful and will take practical steps to stop this from happening again, such as blocking their number and removing them from their social profiles, and possibly seeking counseling.
Fighting Cyberstalking Criminal Charges FAQs
- How to beat a stalking charge? Focus on disproving the victim’s claim of serious emotional distress and showing that the contact was not harmful or was accidental.
- How to file charges for cyberstalking? A report should be filed with law enforcement, and they will investigate the evidence of repeated harmful online behavior.
- What happens if you get charged with harassing someone on social media? Cyberstalking is a felony. If you have been charged with online harassment or cyberstalking you should reach out to an experienced criminal defense attorney near you. They will be able to advise you of the best next steps.
Contact a Skilled Cyberstalking Defense Lawyer If You Have Been Accused of Cyberstalking
Cyberstalking is a serious crime and as such it is taken very seriously by law enforcement, so much so that it can often be weaponized by people who are angry and looking to lash out, such as in the case of a nasty divorce, or a bad breakup. When this is the case behavior that would reasonably be accepted comes under scrutiny and individuals may end up charged with cyberstalking. If you have been charged with a cybercrime like online harassment or cyberstalking we invite you to reach out to the Law Office of Rodemer | Kane. We have years of getting to the truth of a situation and fighting to protect the rights of our clients.