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Violence Against Women Act: Eating Its Own Tail?

Violence Against Women Act: Eating Its Own Tail? Coalition to End Domestic Violence November 6, 2019 On April 4 the House of Representatives passed its version of the Violence Against Women Act reauthorization – H.R. 1585 – and forwarded the bill to the Senate for consideration. Seven months later, no Senate bill has been introduced

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On April 4 the House of Representatives passed its version of the Violence Against Women Act reauthorization – H.R. 1585 – and forwarded the bill to the Senate for consideration. Seven months later, no Senate bill has been introduced, much less voted upon.

It’s not for a lack of trying. So what’s going on here?

Three top-tier issues are consuming much of negotiators’ time and energy:

  1. Definitions of Domestic Violence — The House bill dramatically expands the definition of domestic violence to include emotional abuse, verbal abuse, technological abuse, and financial abuse. Just imagine what would happen if every time a woman gives her husband the “silent treatment,” he calls the police?
  2. Over-Criminalization – Following passage of the First Step Act in December 2018, many, but not all Senators believe we need to rein in mandatory arrest and no-drop prosecution policies. And instead, pay more attention to the proven causes of partner abuse: mental health problems, alcohol abuse, and marital conflict.
  3. LGBT Issues – Following passage of the Equality Act in the House of Representatives – H.R. 5 – Senate Democrats are being pressured to include similar provisions in VAWA. But Republicans are unlikely to agree to this.

As if these top-tier concerns didn’t constitute enough of a Gordian Knot, the Senate is also wrestling with a host of second-tier issues:

  1. Lack of evidence of the effectiveness of VAWA programs in reducing abuse rates
  2. Due process for the accused
  3. Harmful effects on families
  4. Immigration fraud
  5. Problem of campus “Kangaroo Courts” (VAWA Title III)
  6. Neglect of male victims – According to the CDC, men are more likely to be victims in the previous 12 months than women
  7. False allegations
  8. Waste, fraud, and abuse
  9. Onerous budgetary demands on federal and state governments
  10. Ideological biases – The dubious notion that domestic violence is “all about power and control”

At this point, the most likely scenario is a straight-line reauthorization of VAWA through the 2020 elections.

That will give lawmakers an opportunity to re-think the issues and fashion a “Fresh Start” bill that eschews “power and control” ideology, respects the Constitution, and addresses the proven causes of domestic violence.