WOMEN AND DOMESTIC VIOLENCE

Women and Domestic Violence

Women and Domestic Violence

Introduction

The Violence Against Women Act (VAWA) is considered by many to be a landmark piece of legislation, calling attention to the issues of domestic violence, dating violence, sexual assault, and stalking. In 1994, the original VAWA was enacted as Title IV of the Violence Crime Control and Law Enforcement Act (PL. 103-322). In October 2000, President Bill Clinton signed into law the VAWA of 2000 as Division B of the Victims of Trafficking and Violence Protections Act of 2000 (PL. 106-386). And on January 5, 2006, President George W Bush signed the VAWA 2005 reauthorization into law (PL. 109-162). Victims of domestic violence, dating violence, sexual assault, and stalking have had increased ability to access services. The VAWA seeks to provide the Department of Justice (DOJ) and the Department of Health and Human Services (HHS) with grant programs to state and local governments (Schneider, 2000).

The DOJ administers grants to prevent and address domestic violence and child abuse and fund and train victim advocates. HHS grants provide funds for shelters, rape prevention and education, programs to address and reduce the sexual abuse of runaway and homeless youth, and community programs to educate on domestic violence. The VAWA also mandates government funding for studies of violence against women (Schneider, 2000). The VAWA also includes enhancements to federal criminal law regarding interstate stalking, intrastate domestic abuse, federal sexual offenses, rules of evidence regarding a victim's past sexual experience, and HIV testing in rape cases.

Women and Domestic Violence: A Discussion

Initial passing and repeated reauthorization of the VAWA was spearheaded by groups such as the National Organization for Women, the National Task Force to End Sexual and Domestic Violence Against Women, the Family Violence Prevention Fund, and countless state and local organizations that worked tirelessly for this legislation.

Responding to the harm to women caused by domestic abuse, rape, stalking, sexual assault, and other forms of violence, in 1994 Congress enacted the Violence Against Women Act (VAWA). VAWA contained numerous provisions designed to reduce the frequency of violence against women, to hold perpetrators accountable for their actions (Schneider, 2000), and to provide greater relief to victims. It also authorized $1.62 billion in federal funds over six years for these purposes. The most innovative provision of VAWA created a civil rights remedy allowing victims of violent crimes motivated by gender to bring a legal action against their perpetrators for monetary damages and other relief. However, in 2000, in United States v. Morrison, the Supreme Court of the United States held that the civil rights provision of VAWA was unconstitutional.

Congress enacted VAWA following extensive hearings on the pervasiveness of violence committed by men in the United States against women. Congress found that a principle effect of this gender-based violence was to exclude women from full participation in the economic sphere, including by undermining the ability of women to maintain employment and forcing many women into poverty and welfare dependency. Congress determined that existing state laws were inadequate to address the ...