The Top 10 Ways the House Version of the Violence Against Women Act Neglects Domestic Violence Victims

[Catherine Mendonca]

Hello everyone, some of you I have called regarding my concerns with
this. The following article was posted on the American Progress site
about the most recent reauthorization of the Violence Against Women's
Act, I'd like to schedule a time in the next couple of weeks to have a
meeting about this with whomever is interested and concerned. Please
let me know. my number is 401-580-7791.

Thanks so much for all you do :)

Here is a litte background on the Violence Against Women's Act from 1994

The Violence Against Women Act (VAWA) was a landmark piece of
legislation that sought to improve criminal justice and
community-based responses to domestic violence, dating violence,
sexual assault and stalking in the United States. The passage of VAWA
in 1994, and its reauthorization in 2000 and 2005, has changed the
landscape for victims who once suffered in silence. Victims of
domestic violence, dating violence, sexual assault and stalking have
been able to access services, and a new generation of families and
justice system professionals has come to understand that domestic
violence, dating violence, sexual assault and stalking are crimes that
our society will not tolerate.

From the article
"Even though reauthorizing the law has never been a partisan issue,
it has become wrapped up in a polarized debate this year over the
extent of its protections. In a bipartisan vote the Senate voted
<http://www.politico.com/news/stories/0412/75664.html> to reauthorize
the act and to strengthen protections for victims of domestic violence
in the gay and transgender, immigrant, and Native American
communities.[1] But instead of taking up these changes, House
Republicans are playing political games with the safety of women. Just
yesterday they passed their version
<http://thehill.com/blogs/floor-action/house/227877-house-passes-violence-against-women-act-reauthorization>
of the bill, H.R. 4970
<http://www.gpo.gov/fdsys/pkg/BILLS-112hr4970ih/pdf/BILLS-112hr4970ih.pdf>
, which removes important protections for vulnerable communities and
cuts funding used to combat domestic violence. In doing so, it rolls
back progress and threatens the health and safety of many Americans
living in violent or abusive relationships.

Here are the top 10 ways the House Republican version of the Violence
Against Women Act moves backward on combating domestic violence:

1. It fails to protect gay and transgender victims of domestic
violence. House Republicans removed critical protections to gay and
transgender victims of domestic violence that were present in the
Senate's version of the bill. This community sorely needs these
protections-somewhere between 25 percent and 33 percent of gay and
transgender people
<http://4vawa.org/pages/lgbtq-provisions-of-s-1925-myths-vs-facts> are
victims of domestic violence.

2. It leaves gay and transgender victims without a place to go for
help. Not only does this community experience high rates of domestic
violence, but they are also all too often turned away from abuse
shelters because of their sexual orientation or gender identity. A
2010 study showed 45 percent of gay and transgender victims were
denied services
<http://4vawa.org/pages/lgbtq-provisions-of-s-1925-myths-vs-facts>
when they sought help from a domestic violence shelter. Still, H.R.
4970 removes important nondiscrimination protections that gay and
transgender survivors of domestic violence badly need. The
nondiscrimination protections in the Senate version would prohibit
denying victims social services because they are gay or transgender.

3. It cuts funding for crucial programs. H.R. 4970 does not provide
funding for grant programs that would help combat violent crimes for
individuals in same-sex relationships. The Office on Violence Against
Women in the Department of Justice currently funds 21 programs
<http://www.ovw.usdoj.gov/ovwgrantprograms.htm> under the law's
authority, all of which help prevent violent crimes and aid victims of
domestic violence. STOP Grants
<http://www.ovw.usdoj.gov/ovwgrantprograms.htm> (Services, Training,
Officers, and Prosecutors), for example, provide critical funding
toward enhancing local communities' ability to keep women safe and
hold perpetrators accountable.

4. It enhances abusers' power over immigrant victims. The House bill
rolls back protections provided by the "self-petition" process
<http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=2cac37668c779110VgnVCM1000004718190aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD>
, which is designed to protect victim spouses of U.S. citizens and
lawful permanent residents who are eligible to apply for permanent
residency but are dependent on their abusive spouses for sponsorship.
Instead of a private process, House Republicans want to allow
immigration agents to contact abusers and allow uncorroborated
evidence to be presented by the perpetrators of violence and used in
determining the validity of a victim's immigration case. This puts the
victims at even greater risk
<http://psych.mcmaster.ca/dalywilson/SpousalHomicide.pdf> of
experiencing further abuse.

5. It links victims' access to relief to their abusers' prosecution.
The House Republican bill suspends adjudication of the victim's
immigration case until law enforcement and prosecutors have concluded
the open investigation or prosecution against the abuser, further
endangering the safety of survivors of domestic abuse and sexual
assault as they are forced to await the conclusion of a frequently
slow process to be granted relief.

6. It eliminates crucial incentives for reporting abuse. H.R. 4970
would eliminate the permanent aspect of the so-called U visa-a visa
category that allows undocumented victims of certain criminal
activities to legally remain in the United States-taking away a key
incentive that victims of domestic violence and sexual assault have to
cooperate with law enforcement. Without U visas we can expect to see
fewer victims cooperating with law enforcement in the prosecution of
dangerous criminals.

7. It adds unnecessary bureaucracy. The House Republican bill requires
that victims of domestic violence participate in two in-person
interviews with the staff of local Department of Homeland Security
offices, which are unlikely to be trained in dealing with cases of
domestic violence, child abuse, or sexual assault. Delays in these
interviews will inevitably keep these victims in harm's way.

8. It increases risks for Native American women. The House Republican
bill eliminates key protections for Native American women despite the
fact that rates of domestic violence among Native American women are
among the highest
<https://www.ncjrs.gov/pdffiles1/nij/grants/223691.pdf> in the United
States. Three out of five
<http://www.whitehouse.gov/sites/default/files/omb/legislative/sap/112/saphr4970r_20120515.pdf>
Native American women will experience domestic violence in their
lifetime.

9. It shields abusers of Native American women. Unlike the Senate bill
<http://www.whitehouse.gov/blog/2012/05/14/addressing-violence-against-native-women-violence-against-women-act-reauthorization>
, H.R. 4970 does not recognize tribal authority over non-Native
American offenders when domestic violence or sexual assault is
committed against Native Americans on tribal lands. In other words,
the House bill gives non-Native Americans a "get out of jail free
card" for sexual assault or domestic violence committed against Native
Americans, even if the perpetrator lives on the reservation and is
married to a tribal member. Half
<http://www.gpo.gov/fdsys/pkg/CRPT-112srpt153/pdf/CRPT-112srpt153.pdf>
of Native American women are married to non-Native American men.

10. It diminishes protection for college-age women. The House
Republican bill eliminates the Violence Against Women Act's
improvements to the Clery Act, which would require colleges and
universities that receive federal student financial aid to develop
policies on sexual assault and dating violence; update and expand
existing services on college campuses; and improve crime reporting on
campuses. Approximately 32 percent
<http://feministcampus.org/fmla/printable-materials/v-day05/Violence_Against_Women.pdf>
of college students experience domestic violence. College-age women
are at the highest risk of experiencing nonfatal intimate partner
violence and stalking. Under the Senate version, services for sexual
assault survivors on college campuses would be expanded to include
domestic violence, dating violence, and stalking.

The House bill, introduced by Rep. Sandy Adams (R-FL), was drafted
without the input of law enforcement agencies, prosecutors, victim
services providers, or advocates. It is no wonder, then, that 325
organizations—as well as the Obama administration, which has
threatened to veto the legislation—oppose H.R. 4970.

As the Obama administration noted, “no sexual assault or domestic
violence victim should be beaten, hurt, or killed because they could
not access needed support, assistance, and protection.” The House
Republican bill, however, fails to provide the adequate support,
assistance, and protection that victims of domestic violence so badly
need.

House Republicans should stop holding women’s safety hostage and pass
a version of the Violence Against Women Act that protects all victims
of domestic violence. As lawmakers go to reconcile the Senate and
House bills in conference, let’s move forward with the act, not
backward.

Ann Garcia is a Research and Policy Associate for the Immigration
Policy team, Crosby Burns is a Research Associate for the LGBT
Research and Communications Project, and Lindsay Rosenthal is the
Special Assistant for Domestic Policy at the Center for American
Progress.

In Service,

Cathy Mendonça
Residential Specialist & DV Advocate
Becky's House Emergency Shelter
YWCA of San Diego County
DV 24 Hour Hotline 619-234-3164

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[Catherine Mendonca]

I wanted to send all of you more in for on this matter,

http://4vawa.org/pages/hot-off-the-press
http://4vawa.org/pages/take-action-this-week

Thanks so much!

--
Ambitiously yours,

Catherine (Cat) Mendonça
401-580-7791
cmen...@riseup.net
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