The Violence Against Women Act of 1994 (VAWA) is a

United States federal law The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as ...

(Title IV of the

Violent Crime Control and Law Enforcement Act The Violent Crime Control and Law Enforcement Act of 1994, commonly referred to as the 1994 Crime Bill, the Clinton Crime Bill, or the Biden Crime Law, is an Act of Congress dealing with crime and law enforcement; it became law in 1994. It is t ...

, ) signed by President

Bill Clinton William Jefferson Clinton ( né Blythe III; born August 19, 1946) is an American politician who served as the 42nd president of the United States from 1993 to 2001. He previously served as governor of Arkansas from 1979 to 1981 and agai ...

on September 13, 1994. The Act provided $1.6 billion toward investigation and prosecution of violent crimes against women, imposed automatic and mandatory restitution on those convicted, and allowed civil redress when prosecutors chose to not prosecute cases. The Act also established the

Office on Violence Against Women The United States Office on Violence Against Women (OVW) was created following the Violence Against Women Act (VAWA) of 1994.U.S. Department of Justice The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United State ...

. The bill was introduced by Representative Jack Brooks ( D- TX) in 1994 and gained support from a broad coalition of advocacy groups. The Act passed through both houses of the

U.S. Congress The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washin ...

with bipartisan support in 1994, although the following year House Republicans attempted to cut the Act's funding. In the 2000

U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

case '' United States v. Morrison'', a sharply divided Court struck down the VAWA provision allowing women the right to sue the accused in federal court. By a 5–4 majority, the Court overturned the provision as exceeding the federal government's powers under the

Commerce Clause The Commerce Clause describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and amon ...

. VAWA was reauthorized by bipartisan majorities in Congress in 2000 and again in December 2005. The Act's 2012 renewal was opposed by

conservative Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization in ...

Republicans, who objected to extending the Act's protections to

same-sex couples A same-sex relationship is a romantic or sexual relationship between people of the same sex. ''Same-sex marriage'' refers to the institutionalized recognition of such relationships in the form of a marriage; civil unions may exist in countries ...

and to provisions allowing battered

undocumented immigrants Illegal immigration is the migration of people into a country in violation of the immigration laws of that country or the continued residence without the legal right to live in that country. Illegal immigration tends to be financially upwar ...

to claim temporary

visas Visa most commonly refers to: *Visa Inc., a US multinational financial and payment cards company ** Visa Debit card issued by the above company ** Visa Electron, a debit card ** Visa Plus, an interbank network *Travel visa, a document that allows ...

, but it was reauthorized in 2013 after a long legislative battle. As a result of the

United States federal government shutdown of 2018–2019 United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two f ...

, the Act expired on December 21, 2018. It was temporarily reinstated via a short-term spending bill on January 25, 2019, but expired again on February 15, 2019. The U.S. House of Representatives passed a bill reauthorizing VAWA in April 2019 that includes new provisions protecting

transgender A transgender (often abbreviated as trans) person is someone whose gender identity or gender expression does not correspond with their sex assigned at birth. Many transgender people experience dysphoria, which they seek to alleviate through ...

victims and banning individuals convicted of domestic abuse from purchasing firearms. In an attempt to reach a bipartisan agreement, Senators

Joni Ernst Joni Kay Ernst (née Culver; born July 1, 1970) is an American former military officer and politician serving as the junior United States senator from Iowa since 2015. A member of the Republican Party, she previously served in the Iowa State Se ...

(R-IA) and

Dianne Feinstein Dianne Goldman Berman Feinstein ( ; born Dianne Emiel Goldman; June 22, 1933) is an American politician who serves as the senior United States senator from California, a seat she has held since 1992. A member of the Democratic Party, she wa ...

(D-CA) led months of negotiation talks that came to a halt in November 2019. Senator Ernst has said she plans to introduce a new version of the bill and hopes it will pass in the Senate. The

Independent Women's Forum The Independent Women's Forum (IWF) is a conservative American non-profit organization focused on economic policy issues of concern to women.female genital mutilation (FGM) and funding to combat FGM. According to the

Centers for Disease Control and Prevention The Centers for Disease Control and Prevention (CDC) is the national public health agency of the United States. It is a United States federal agency, under the Department of Health and Human Services, and is headquartered in Atlanta, Georgi ...

, an estimated 513,000 women and girls in the U.S. are at risk of FGM or have already been subjected to such abuse. The 2019 House version of VAWA, H.R. 1585, does not include any additional federal penalties for FGM. VAWA was reauthorized on March 15, 2022, by President Joe Biden.

Background

The

World Conference on Human Rights The World Conference on Human Rights was held by the United Nations in Vienna, Austria, on 14 to 25 June 1993. It was the first human rights conference held since the end of the Cold War. The main result of the conference was the Vienna Declarati ...

, held in Vienna, Austria, in 1993, and the

Declaration on the Elimination of Violence Against Women The Declaration on the Elimination of Violence Against Women (abbreviated as DEVAW) was adopted without a vote by the United Nations General Assembly in the 48/104 resolution of 20 December 1993. Contained within it is the recognition of "the ur ...

in the same year, concluded that civil society and governments have acknowledged that domestic violence is a public health policy and

human rights Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hu ...

concern. In the United States, according to the National Intimate Partner Sexual Violence Survey of 2010 1 in 6 women suffered some kind of

sexual violence Sexual violence is any sexual act or attempt to obtain a sexual act by violence or coercion, act to traffic a person, or act directed against a person's sexuality, regardless of the relationship to the victim.World Health Organization., World re ...

induced by their intimate partner during the course of their lives. However, during the early period of 1970-1990, domestic violence was regarded as a private matter and sometimes was even ignored by the police. According to Zorza in Criminal Law of Misdemeanor Domestic Violence, 1970-1990, "throughout the 1970s and early 1980s, officers believed and were taught that domestic violence was a private matter, ill suited to public intervention." Unfortunately, the arrest did not deter and punish abusers. The results of three studies, conducted in Omaha,

Charlotte Charlotte ( ) is the most populous city in the U.S. state of North Carolina. Located in the Piedmont region, it is the county seat of Mecklenburg County. The population was 874,579 at the 2020 census, making Charlotte the 16th-most populo ...

, and

Milwaukee Milwaukee ( ), officially the City of Milwaukee, is both the most populous and most densely populated city in the U.S. state of Wisconsin and the county seat of Milwaukee County. With a population of 577,222 at the 2020 census, Milwaukee ...

, indicated that arrest alone did not deter abusers." The Violence Against Women Act was developed and passed as a result of extensive grassroots efforts in the late 1980s and early 1990s. Advocates for the battered women's movement included sexual assault advocates, individuals from victim services, law enforcement agencies, prosecutors' offices, the courts, and the private bar. They urged Congress to adopt significant legislation to address domestic and sexual violence. The Violence Against Women Act established new offenses and penalties for the violation of a protection order or stalking in which an abuser crossed a state line to injure or harass another, or forced a victim to cross a state line under duress and then physically harmed the victim in the course of a violent crime. Therefore, VAWA-I's efforts in legislation and prosecution increased the criminal costs, posing harsher punishment and higher costs to criminals. Although it's hard to calculate the increase in criminal costs, its influence on social welfare should be negligent regarding the huge amount of decrease in victimization costs. One of the greatest successes of VAWA is its emphasis on a coordinated community response to domestic violence, sex dating violence, sexual assault, and stalking; courts, law enforcement, prosecutors, victim services, and the private bar currently work together in a coordinated effort that did not exist before at the state and local levels. VAWA also supports the work of community-based organizations that are engaged in work to end domestic violence, dating violence, sexual assault, and stalking; particularly those groups that provide culturally and linguistically specific services. Additionally, VAWA provides specific support for work with tribes and tribal organizations to end domestic violence, dating violence, sexual assault, and stalking against Native American women. Many grant programs authorized in VAWA have been funded by the U.S. Congress. The following grant programs, which are administered primarily through the

Office on Violence Against Women The United States Office on Violence Against Women (OVW) was created following the Violence Against Women Act (VAWA) of 1994.Sex Offender Registry A sex offender registry is a system in various countries designed to allow government authorities to keep track of the activities of sex offenders, including those who have completed their criminal sentences. In some jurisdictions, registration i ...

* Stalker Reduction Database * Federal Victim Assistants * Sexual Assault Services Program * Services for Rural Victims * Civil Legal Assistance for Victims * Elder Abuse Grant Program * Protections and Services for Disabled Victims * Combating Abuse in Public Housing * National Resource Center on Workplace Responses * Violence on College Campuses Grants * Safe Havens Project * Engaging Men and Youth in Prevention

Debate and legal standing

The

American Civil Liberties Union The American Civil Liberties Union (ACLU) is a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". T ...

(ACLU) had originally expressed concerns about the Act, saying that the increased penalties were rash, that the increased pretrial detention was "repugnant" to the U.S. Constitution, that the mandatory HIV testing of those only charged but not convicted was an infringement of a citizen's

right to privacy The right to privacy is an element of various legal traditions that intends to restrain governmental and private actions that threaten the privacy of individuals. Over 150 national constitutions mention the right to privacy. On 10 December 194 ...

, and that the edict for automatic payment of full restitution was non-judicious (see their paper: "Analysis of Major Civil Liberties Abuses in the Crime Bill Conference Report as Passed by the House and the Senate", dated September 29, 1994). In 2005, the ACLU had, however, enthusiastically supported reauthorization of VAWA on the condition that the "unconstitutional DNA provision" be removed. That provision would have allowed law enforcement to take DNA samples from arrestees or even from those who had simply been stopped by police without the permission of a court. The ACLU, in its July 27, 2005 'Letter to the Senate Judiciary Committee Regarding the Violence Against Women Act of 2005, S. 1197' stated that "VAWA is one of the most effective pieces of legislation enacted to end domestic violence, dating violence, sexual assault, and stalking. It has dramatically improved the law enforcement response to

violence against women Violence against women (VAW), also known as gender-based violence and sexual and gender-based violence (SGBV), are violent acts primarily or exclusively committed against women or girls, usually by men or boys. Such violence is often con ...

and has provided critical services necessary to support women in their struggle to overcome abusive situations". Some activists opposed the bill. Janice Shaw Crouse, a senior fellow at the conservative, evangelistic Christian

Concerned Women for America Concerned Women for America (CWA) is a socially conservative, evangelical Christian Nonprofit organization, non-profit women's 501(c)_organization#501(c)(4), legislative action committee in the United States. Headquartered in Washington, D.C., W ...

's Beverly LaHaye Institute, called the Act a "boondoggle" which "ends up creating a climate of suspicion where all men are feared or viewed as violent and all women are viewed as victims". She described the Act in 2012 as creating a "climate of false accusations, rush to judgment and hidden agendas" and criticized it for failing to address the factors identified by the

as leading to violent, abusive behavior. Conservative activist

Phyllis Schlafly Phyllis Stewart Schlafly (; born Phyllis McAlpin Stewart; August 15, 1924 – September 5, 2016) was an American attorney, conservative activist, author, and anti-feminist spokesperson for the national conservative movement. She held paleocons ...

denounced VAWA as a tool to "fill feminist coffers" and argued that the Act promoted "divorce, breakup of marriage and hatred of men". In 2000, the Supreme Court of the United States held part of VAWA unconstitutional on federalism grounds in '' United States v. Morrison''. That decision invalidated only the civil remedy provision of VAWA. The provisions providing program funding were unaffected. In 2005, the reauthorization of VAWA (as HR3402) defined what population benefited under the term of "Underserved Populations" described as "Populations underserved because of geographic location, underserved racial and ethnic populations, populations underserved because of special needs (such as language barriers, disabilities, alienage status, or age) and any other population determined to be underserved by the Attorney General or by the

Secretary of Health and Human Services The United States secretary of health and human services is the head of the United States Department of Health and Human Services, and serves as the principal advisor to the president of the United States on all health matters. The secretary is ...

as appropriate".Olivares, Mariela. 2014. "Battered by Law: The Political Subordination of Immigrant Women." ''American University Law Review'' 64(2):231-283 The reauthorization also "Amends the Omnibus Crime Control and Safe Streets Act of 1968" to "prohibit officials from requiring sex offense victims to submit to a polygraph examination as a condition for proceeding with an investigation or prosecution of a sex offense." In 2011, the law expired. In 2012 the law was up for reauthorization in Congress. Different versions of the legislation were passed along party lines in the Senate and House, with the Republican-sponsored House version favoring the reduction of services to undocumented immigrants and

LGBT ' is an initialism that stands for lesbian, gay, bisexual, and transgender. In use since the 1990s, the initialism, as well as some of its common variants, functions as an umbrella term for sexuality and gender identity. The LGBT term ...

individuals. Another area of contention was the provision of the law giving Native American tribal authorities jurisdiction over sex crimes involving non-Native Americans on tribal lands. By repealing a portion of the 1978 Oliphant v. Suquamish ruling, such a provision could alter the constitutional balance between federal, state, and tribal power. Historically Congress has not allowed tribal governments to exercise criminal jurisdiction over non-tribal members. The two bills were pending

reconciliation Reconciliation or reconcile may refer to: Accounting * Reconciliation (accounting) Arts, entertainment, and media Sculpture * ''Reconciliation'' (Josefina de Vasconcellos sculpture), a sculpture by Josefina de Vasconcellos in Coventry Cathedra ...

, and a final bill did not reach the President's desk before the end of the year, temporarily ending the coverage of the Act after 18 years, as the 112th Congress adjourned.

2012–13 legislative battle and reauthorization

S 47 - Violence Against Women Reauthorization Act of 2013 - Senate Vote

When a bill reauthorizing the act was introduced in 2012, it was opposed by

Republicans, who objected to extending the Act's protections to

and to provisions allowing battered foreigners residing in the country illegally to claim temporary visas, also known as

U visa The U visa is a United States nonimmigrant visa which is set aside for victims of crimes (and their immediate family members) who have suffered substantial mental or physical abuse while in the U.S. and who are willing to assist law enforcement an ...

s. The U visa is restricted to 10,000 applicants annually whereas the number of applicants far exceeds these 10,000 for each fiscal year. In order to be considered for the U visa, one of the requirements for immigrant women is that they need to cooperate in the detention of the abuser. Studies show that 30 to 50% of immigrant women are suffering from physical violence and 62% experience physical or psychological abuse in contrast to only 21% of citizens in the United States. In April 2012, the Senate voted to reauthorize the Violence Against Women Act, and the House subsequently passed its own measure (omitting provisions of the Senate bill that would protect gays, Native Americans living in reservations, and immigrants who are victims of domestic violence). Reconciliation of the two bills was stymied by procedural measures, leaving the re-authorization in question. The Senate's 2012 re-authorization of VAWA was not brought up for a vote in the House. In 2013, the question of jurisdiction over offenses in Native American country continued to be at issue over the question of whether defendants who are not tribal members would be treated fairly by

tribal court Tribal sovereignty in the United States is the concept of the inherent authority of indigenous tribes to govern themselves within the borders of the United States. Originally, the U.S. federal government recognized American Indian tri ...

s or afforded constitutional guarantees. On February 12, 2013, the Senate passed an extension of the Violence Against Women Act by a vote of 78–22. The measure went to the House of Representatives where jurisdiction of tribal courts and inclusion of same-sex couples were expected to be at issue. Possible solutions advanced were permitting either removal or appeal to federal courts by non-tribal defendants. The Senate had tacked on the Trafficking Victims Protection Act which is another bone of contention due to a clause which requires provision of

reproductive health services Sexual and reproductive health (SRH) is a field of research, healthcare, and social activism that explores the health of an individual's reproductive system and sexual wellbeing during all stages of their life. The term can also be further de ...

to victims of sex trafficking. S 47 - Violence Against Women Reauthorization Act of 2013 - House of Representatives vote

On February 28, 2013, in a 286–138 vote, the House passed the Senate's all-inclusive version of the bill. House Republicans had previously hoped to pass their own version of the measure—one that substantially weakened the bill's protections for certain categories. The stripped-down version, which allowed only limited protection for LGBT and Native Americans, was rejected 257 to 166. The renewed act expanded federal protections to gay, lesbian, and

individuals, Native Americans and immigrants. On March 7, 2013, President

Barack Obama Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, Obama was the first African-American president of the ...

signed the Violence Against Women Reauthorization Act of 2013.

New provisions in the Reauthorization of VAWA 2013

Protection for Native Americans: Prior to the 2013 passing of VAWA, Native American women who were the victims of non-Native American assault were not covered by the law. The Oliphant v. Squamish Indian Tribe case from 1978 was overturned by provisions added to the new VAWA 2013, which also makes it possible for non-Native Americans to be prosecuted in tribal courts for domestic or dating violence perpetrated against Native Americans. Protection of same sex couples: LGBTQ people experience domestic abuse at the same 25%–33% rate as other members of the community. VAWA 2013 develops programs and laws to protect the rights of

LGBTQ ' is an initialism that stands for lesbian, gay, bisexual, and transgender. In use since the 1990s, the initialism, as well as some of its common variants, functions as an umbrella term for sexuality and gender identity. The LGBT term is ...

people who have been the victims of IPV (

intimate partner violence Intimate partner violence (IPV) is domestic violence by a current or former spouse or partner in an intimate relationship against the other spouse or partner. IPV can take a number of forms, including physical, verbal, emotional, economic and s ...

). LGBTQ victims are expressly included in two important VAWA grant programs by the act. It is now against the law for LGBTQ people to be dismissed from shelters or other VAWA-funded services because of their sexual orientation or gender identity, according to a nondiscrimination clause in VAWA. Protection of victims of human trafficking: Each year, 50,000 individuals are reportedly trafficked into the US, according to the Trafficking Victims Protection Act of 2000. Occasionally, victims of trafficking experience the same forms of abuse as those who have experienced violence from an intimate partner: physical and

, financial control, threats, intimidation, and restriction on freedom of movement. Still needed: protection for Immigrant Victims of IPV (intimate partner violence): Neither the number of U Visas nor the government's interest in studying crime in immigrant communities increased as a result of VAWA 2013. Based on data provided by Migration Policy Institute, 18.9 million(12%) of all women in the United States are immigrants. The number of immigrants who have been victims of IPV is unknown because national studies haven't been conducted to look at this issue in immigrant communities.

After passage

A total of 138 House Republicans voted against the version of the act that became law. However, several, including Steve King (R-Iowa), Bill Johnson (R-Ohio),

Tim Walberg Timothy Lee Walberg (born April 12, 1951) is an American politician serving as the U.S. representative from since 2023. A member of the Republican Party, he previously represented the from 2007 to 2009 and from 2011 to 2023. Early life, educa ...

(R-Michigan),

Vicky Hartzler Vicky Jo Hartzler (née Zellmer; born October 13, 1960) is an American politician serving as the U.S. representative for since 2011. A member of the Republican Party, she served as the Missouri state representative for the 124th district from ...

(R-Missouri),

Keith Rothfus Keith James Rothfus (born April 25, 1962) is an American lawyer and politician who served as the U.S. representative for Pennsylvania's 12th congressional district from 2013 to 2019. He succeeded Democratic Representative Mark Critz, whom he d ...

(R-Pennsylvania), and

Tim Murphy Timothy Murphy may refer to: Politics * Tim Murphy (American politician) (born 1952), American Republican Party politician from Pennsylvania * Tim Murphy (Canadian politician) (born 1959), Canadian politician * Timothy J. Murphy (1893–1949), I ...

(R-Pennsylvania), claimed to have voted in favor of the act. Some have called this claim disingenuous because the group only voted in favor of a GOP proposed alternative version of the bill that did not contain provisions intended to protect gays, lesbians and transgender individuals, Native Americans and undocumented immigrants.

Reauthorizations

VAWA was reauthorized by bipartisan majorities in Congress in 2000 as part of the Victims of Trafficking and Violence Protection Act of 200
(H.R. 3244)
and again in December 2005, and signed by President

George W. Bush George Walker Bush (born July 6, 1946) is an American politician who served as the 43rd president of the United States from 2001 to 2009. A member of the Republican Party, Bush family, and son of the 41st president George H. W. Bush, he ...

. The Act's 2012 renewal was opposed by

Republicans, who objected to extending the Act's protections to

and to provisions allowing battered

to claim temporary visas. Ultimately, VAWA was again reauthorized in 2013, after a long legislative battle throughout 2012–2013. On September 12, 2013, at an event marking the 19th anniversary of the bill, Vice President Joe Biden criticized the Republicans who slowed the passage of the reauthorization of the act as being "this sort of Neanderthal crowd". Biden Nat'l archives

As a result of the

, the Violence Against Women Act expired on December 21, 2018. It was temporarily reauthorized by a short-term spending bill on January 25, 2019, but expired again on February 15, 2019. On April 4, 2019, the reauthorization act passed in the House by a vote of 263–158, this time including closing the boyfriend loophole. All Democrats voting were joined by 33 Republicans voted for passage. New York Representative

Elise Stefanik Elise Marie Stefanik (; born July 2, 1984) is an American politician serving as the U.S. representative for since 2015. As chair of the House Republican Conference since 2021, she is the third-ranking House Republican. Stefanik's district cover ...

said Democrats "...have refused to work with Republicans in a meaningful way," adding, "the House bill will do nothing but 'collect dust' in the GOP-controlled Senate. The bill has indeed been ignored by the Senate." On December 9, 2019, following the firearm murder of a

Houston Houston (; ) is the most populous city in Texas, the most populous city in the Southern United States, the fourth-most populous city in the United States, and the sixth-most populous city in North America, with a population of 2,304,580 i ...

police officer on duty by a boyfriend who had been abusive towards his girlfriend, Houston Police Chief

Art Acevedo Hubert Arturo Acevedo (born July 31, 1964) is an American police officer who is the interim chief of police of the Aurora Police Department as of December 2022. Previously, he was the chief of police of the Houston Police Department, Austin Pol ...

criticized Senators Mitch McConnell (R-KY),

Ted Cruz Rafael Edward "Ted" Cruz (; born December 22, 1970) is an American politician and attorney serving as the junior United States Senator from Texas since 2013. A member of the Republican Party, Cruz served as Solicitor General of Texas from ...

(R-TX) and

John Cornyn John Cornyn III ( ; born February 2, 1952) is an American politician and attorney serving as the senior United States senator from Texas, a seat he has held since 2002. A member of the Republican Party, he served as the Senate majority whip for ...

(R-TX) for preventing a vote on the VAWA reauthorization. Acevedo said "I don't want to hear about how much they care about lives and the sanctity of lives yet, we all know in law enforcement that one of the biggest reasons that the Senate and Mitch McConnell and John Cornyn and Ted Cruz and others are not getting into a room and having a conference committee with the House and getting the Violence Against Women's Act (passed) is because the NRA doesn't like the fact that we want to take firearms out of the hands of boyfriends that abuse their girlfriends. And who killed our sergeant? A boyfriend abusing his girlfriend. So you're either here for women and children and our daughters and our sisters and our aunts, or you're here for the NRA." In a follow-up interview with CNN, Acevedo said his criticism of Senators Cruz, Cornyn and McConnell was not political, because "death is not political—you see, death is final." He challenged Senator Cruz to directly answer whether he supports closing the boyfriend loophole, and said that failing to address it would put the Senators "on the wrong side of history". Senator Cornyn said that Acevedo was "mistaken" in invoking the VAWA. On March 15, 2022, President Joe Biden signed the reauthorization of VAWA into law as part of the Consolidated Appropriations Act of 2022
H.R. 2471
; it is called the Violence Against Women Act Reauthorization Act of 2022. The reauthorization act does not include provisions to close the boyfriend loophole.

Programs and services

The Violence Against Women laws provided programs and services, including: * Federal rape shield law. * Community violence prevention programs. * Protections for victims who are evicted from their homes because of events related to domestic violence or stalking. * Funding for victim assistance services, like rape crisis centers and hotlines. * Programs to meet the needs of immigrant women and women of different races or ethnicities. * Programs and services for victims with disabilities. * Legal aid for survivors of domestic violence.

Restraining orders

When a victim is the beneficiary of an order of protection, per VAWA it was generally enforceable nationwide under the terms of

full faith and credit Article IV, Section 1 of the United States Constitution, the Full Faith and Credit Clause, addresses the duty that states within the United States have to respect the "public acts, records, and judicial proceedings of every other state." Acc ...

. Although the order may be granted only in a specific state, full faith and credit requires that it be enforced in other states as though the order was granted in their states.

Persons who are covered under VAWA immigration provisions

VAWA allows for the possibility that certain individuals who might not otherwise be eligible for immigration benefits may petition for US permanent residency on the grounds of a close relationship with a US citizen or permanent resident who has been abusing them. The following persons are eligible to benefit from the immigration provisions of VAWA: * A wife or husband who has been abused by a U.S. citizen or permanent resident (Green Card holder) spouse. The petition will also cover the petitioner's children under age 21. * A child abused by a U.S. citizen or permanent resident parent. The petition can be filed by an abused child or by her parent on the child's behalf. * A parent who has been abused by a U.S. citizen child who is at least 21 years old.

Coverage of male victims

Although the title of the Act and the titles of its sections refer to victims of domestic violence as women, the operative text is gender-neutral, providing coverage for male victims as well. Individual organizations have not been successful in using VAWA to provide equal coverage for men. The law has twice been amended in attempts to address this situation. The 2005 reauthorization added a non-exclusivity provision clarifying that the title should not be construed to prohibit male victims from receiving services under the Act. The 2013 reauthorization added a non-discrimination provision that prohibits organizations receiving funding under the Act from discriminating on the basis of sex, although the law allows an exception for "sex segregation or sex-specific programming" when it is deemed to be "necessary to the essential operations of a program." Jan Brown, the Founder and Executive Director of the Domestic Abuse Helpline for Men and Women contends that the Act may not be sufficient to ensure equal access to services.

Criticism

The

prison abolition movement The prison abolition movement is a network of groups and activists that seek to reduce or eliminate prisons and the prison system, and replace them with systems of rehabilitation that do not place a focus on punishment and government institutiona ...

has been critical of VAWA for its focus on policing, surveillance, and incarceration, particularly mandatory incarceration requirements, and the disproportionate number of people of color who have been arrested and incarcerated using VAWA provisions. Notable people who have criticized aspects of the VAWA include

Victoria Law Victoria Law, familiarly known as Vikki Law, is an American anarchist activist, prison abolitionist, writer, freelance editor, and photographer. Her books are ''Resistance Behind Bars: The Struggles of Incarcerated Women'' (2009, 2012), ''Don't L ...

, Beth Richie, Gina Dent, Olúfẹ́mi O. Táíwò, and

Angela Davis Angela Yvonne Davis (born January 26, 1944) is an American political activist, philosopher, academic, scholar, and author. She is a professor at the University of California, Santa Cruz. A feminist and a Marxist, Davis was a longtime member of ...

. However, VAWA itself has successfully brought a large number of benefits to society in the following aspects according to government documents. As the restriction constrained by VAWA, according to the

US Department of Justice The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United Stat ...

, the rate of rape and sexual assault, domestic violence homicide, as well as nonfatal domestic violence have been effectively reduced. It also provided several grant programs related to child abuse, women's shelters, and rape prevention, etc. For example, the annual rates of

have declined by 58% from 1994 to 2010. Also,

intimate partner An intimate relationship is an interpersonal relationship that involves physical or emotional intimacy. Although an intimate relationship is commonly a sexual relationship, it may also be a non-sexual relationship involving family, friends, ...

homicide rates have declined by 35% for women and 46% for men between 1993 and 2007, suggested by Pennsylvania Coalition Against Rape. Since the beginning of VAWA, partnerships between law enforcement,

criminal justice Criminal justice is the delivery of justice to those who have been accused of committing crimes. The criminal justice system is a series of government agencies and institutions. Goals include the rehabilitation of offenders, preventing other ...

, advocacy, and healthcare experts have grown stronger, leading to more successful crime investigations, prosecutions, and victim assistance. Due to VAWA, according to the Bureau of Justice Statistics, our communities become safer: Intimate partner violence against women decreased 53% between 1993 and 2008 after the adoption of VAWA, from 9.4 victimizations per 1,000 females aged 12 or older to 4.3 victimizations per 1,000. Approximately 2.1 million victims of intimate relationship abuse were reported in 1994, but only 907,000 were reported in 2010. VAWA provides funding for preventative programs that work to end sexual violence before it even starts, protecting our loved ones, families, and children.

Related developments

Official federal government groups that have developed, being established by President

, in relation to the Violence Against Women Act include the

White House Council on Women and Girls The White House Council on Women and Girls was an advisory council within the Office of Intergovernmental Affairs of the Executive Office of the President of the United States. It was established by on March 11, 2009, with a broad mandate to advi ...

and the White House Task Force to Protect Students from Sexual Assault.A renewed call to action to end rape and sexual assault
, ''The White House Blog'', Washington, DC: Valerie Jarrett, January 22, 2014, Retrieved January 24, 2014.Memorandum: Establishing White House Task Force to Protect Students from Sexual Assault
, ''WhiteHouse.gov'', Washington, DC: The White House, January 22, 2014, Retrieved June 10, 2014. The ultimate aims of both groups are to help improve and/or protect the well-being and safety of women and girls in the United States.

References

External links

Violent Crime Control and Law Enforcement Act of 1994PDFdetails
, including the Violence Against Women Act of 1994, as amended in the GPObr>Statute Compilations collection
*
Violence Against Women and Department of Justice Reauthorization Act of 2005PDFdetails
as amended *
Violence Against Women Reauthorization Act of 2013PDFdetails
as amended
Violence Against Women Act (VAWA) Provides Protections for Immigrant Women and Victims of CrimeOffice on Violence Against Women

World Health Organization Multi-country Study on Women's Health and Domestic Violence against Women 2005VAWA 2005 Fact Sheet
{{Joe Biden United States federal criminal legislation Joe Biden Violence against women in the United States Domestic violence 1994 in the United States Women's rights legislation Women's rights in the United States Acts of the 113th United States Congress 1994 in women's history

Background

Debate and legal standing

2012–13 legislative battle and reauthorization

New provisions in the Reauthorization of VAWA 2013

After passage

Reauthorizations

Programs and services

Restraining orders

Persons who are covered under VAWA immigration provisions

Coverage of male victims

Criticism

Related developments

See also

References

External links