Violence Against Women Act (VAWA)

Why is Congress putting Politics before Victims?

This blog post is to discuss the opposition that the Violence Against Women Act is currently facing in the Senate. Many are unaware of what the Violence Against Women’s Act (VAWA) is about and what the current status of this legislation is.

Days since VAWA Expired:
871 days ago

Last Time Congress acted on VAWA:
373 days ago

BACKGROUND
Originally passed in 1994, this landmark legislation has been funding clinics, shelters, and hotlines for victims in crisis across the country, and has provided tools for law enforcement to crack down on abusers and rapists. Since VAWA was first passed in 1994:

• Reporting of domestic violence has increased as much as 51%.
• All states have passed laws making stalking a crime and have strengthened rape laws.
• The number of individuals killed by an intimate partner has decreased by 34% for women and 57% for men.
• After using VAWA funding to institute a Lethality Assessment Program, Maryland’s intimate partner homicides have been reduced by a remarkable 41% over four years (July 2007-July 2010).
• A 2010 study demonstrated that an increase in the number of legal services available is associated with a decrease in intimate partner homicide.
• A 2009 Department of Justice Study found Kentucky saved $85 million in one alone year through the issuance of protection orders and the reduction in violence they caused.
• VAWA saved $12.6 billion in its first 6 years alone.
• States have passed more than 660 laws to combat domestic violence, dating violence, sexual assault and stalking. All states have passed laws making stalking a crime and changed laws that treated date or spousal rape as a lesser crime than stranger rape.
• Since 1996, the National Domestic Violence Hotline has answered over 2 million calls. The Hotline receives over 21,000 calls a month and provides access to translators in 170 languages.
• Businesses also have joined the national fight against violence. Hundreds of companies, led by the model programs established by Altria, Polaroid, Liz Claiborne, The Body Shop, Aetna and DuPont, have created Employee Assistance Programs that help victims of domestic violence.
• More victims are reporting violence: among victims of violence by an intimate partner, the percentage of women who reported the crime was greater in 1998 (59%) than in 1993 (48%).

Source: http://www.endabuse.org/vawa/display.php?DocID=34001

There is no question that the VAWA is effective and is doing a great job of helping those in need.

Each time VAWA has expired, Congress has reached out to experts in the field to discuss any additions to the legislation that is needed. This landmark legislation has successfully been reauthorized twice since it was originally passed in 1994, however, this year has been highly politicized for three main reasons: LGBT community, Immigrants, and Native Americans. These three sections provide additional support to those communities because they face, and have little support to prevent, an epidemic of Domestic Violence. However, several Senate Republicans, led by Sen. Chuck Grassley (R-Iowa) are putting up a fight. Despite the fact that the bill has several Republican sponsors, all eight GOP senators on the Judiciary Committee voted against the bill when the committee considered it in Feb 2012. We will address their concerns below:

NATIVE AMERICANS
It is estimated about 40 percent of Native American women will face Domestic Violence, but more than half of Native Americans are married to non-Native American men. This poses a problem because when cases of abuse happen, the local tribal authorities can do very little about it since they don’t have jurisdiction over non-tribe members. The Senate version of the VAWA will allow tribal authorities to prosecute non-Indians for Domestic Violence cases on Indian reservations, which Grassley strongly oppose out of worry that it’s giving Tribal authorities too much power. However, the bill contains language that affirms non-tribe members being prosecuted to receive the same due process protections they would be entitled to under the US Constitution. In other words, those who are being accused of committing Domestic Violence will not lose any rights, and will be prosecuted in the same manner as if they were being charged in any other court in the US.

LGBT COMMUNITY
The second issue that is at hand is the handling of the LGBT Community when it comes to Domestic Violence. The new version of VAWA will require that organizations that are receiving federal grants from the legislation do not discriminate against same-gendered couples. Grassley says that putting this into the bill is merely a “political statement that shouldn’t be made on a bill that is designed to address actual needs of victims.” Supporters of the bill disagree, pointing to surveys of Domestic Violence service workers who say they’ve seen victims turned away on the basis of gender identity or sexual orientation. The LGBT Community has long gone underserved when it comes to Domestic Violence, however, they have just as many problems as heterosexual couples. While it is estimated that figures are underreported for this community as many as 1 in 4 Same-Sex couples have experienced Domestic Violence. This new legislation will ensure that Shelters and Programs that are receiving Federal Grants under the legislation will not discriminate and turn away same-sex couples.

IMMIGRANTS
The final issue at hand is the giving of U Visas to immigrants who find themselves victims of Domestic Violence. The original version of VAWA contained provisions that allowed undocumented victims of Domestic Violence to apply for legal status- if they agree to cooperate with law enforcement. This U Visa is crucial for Domestic Violence Victims because it also gives them work authorization, which means the victim will no longer be reliant on the abuser for income (financial control is common in Domestic Violence Relationships). There is a cap of 10,000 U Visas that can be given out per year, however, it took authorities several years to create the program to give these Visas out after the legislation was originally passed, resulting in thousands of them never being able to be distributed. The new version of VAWA wants to take those that were never distributed before and offer them to people who apply for the future, which would mean a temporary increase in the number of U Visas given out each year for a few years. Senator Grassley not only opposes this but also wants more restrictions on the U Visas by forcing victims to obtain doctor’s notes to document their abuse and mandate that the abuse to be reported to law enforcement within two months of it taking place out of concern that immigrants are defrauding the government. To make such a claim is simply ridiculous- I would like to point out that US Citizenship and Immigration Office already has an anti-fraud unit in place to investigate these claims. Also, Law Enforcement officials themselves have to sign off that they believe Domestic Violence is taking place on the U Visa. If Law Enforcement is willing to sign off on it, it is because they themselves have already conducted an investigation into the claims.

STATUS OF VAWA
The Violence Against Women Act expired over two years ago and Congress still has not been able to work together to get this legislation approved. Because certain members of Congress do not Agree with the Senate Version of VAWA, they have created their own. However, the House Version (H.R. 4970) omits provisions of the Senate bill that would protect gay men, lesbians, American Indians, and illegal immigrants who were victims of domestic violence. Reconciliation of the two bills has been stymied by procedural measures, leaving the reauthorization in question. If Congress does not act quickly, VAWA will die when Congress ends it session on 12/14/2012. All the successful programs and shelters such as the National Domestic Violence Hotline are already running on temporary funding and many will not be able to last if this legislation is not passed.

WHAT CAN I DO TO HELP?
There is no question that the VAWA is effective and is doing a great job of helping those in need.

We are urging everybody to contact their local representatives in Congress to see what they are doing to get the Senate version of (S 1925) VAWA Re-Authorized before it expires. Our hopes are that if the Representatives receive a lot of phone calls and emails from their constituents they will see how important it is to quit putting politics before victims and will create a bipartisan effort to get the bill to President Obama.

If you want to find your representative, visit http://www.house.gov/representatives/find/. There should be a way on the representative’s page to contact them.

Below is a sample script you can use:

“In this election season the most important issue to me is the Violence Against Women Act.  It is unacceptable that it has been (X) days since VAWA expired, (X) days since Congress’ last action on VAWA.  With only (X) days until this Congress ends you can help change that.  I need a commitment from you that VAWA reauthorization will be your priority immediately after the election.   Please tell your colleagues and Congressional leadership that you want to see VAWA reauthorized in the lame duck session.  Make VAWA the number one priority bill passed before January.”