First enacted in 1994, the Violence Against Women Act is based on three assumptions:

  1. Domestic violence initiated by women is inconsequential, despite long-standing evidence to the contrary.
  2. Domestic violence is assumed to be the result of men’s need for patriarchal power and control.
  3. The most appropriate response to domestic violence is to actively engage the criminal justice system.

The first two assumptions have been refuted, and the third assumption has come under criticism:

  1. The most recent survey from the Centers for Disease Control shows men are 31% more likely than women to be victims of domestic violence.
  2. Research shows when persons engage in domestic violence in order to achieve dominance in the relationship, women are more likely than men to be motivated by a desire for dominance.
  3. A growing number of persons are questioning the wisdom of relying solely on the criminal justice system, especially when conflicts are one-time or low-level.

RECENT DEVELOPMENTS

On April 4, 2019 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. Many months later, the Senate has not passed its own version of the law.

Three top-tier issues are consuming much of persons’’ attention:

  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 Senators believe we need to rein in the 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.

In addition, the Senate is wrestling with a host of second-tier issues:

  1. Lack of evidence of the effectiveness of VAWA programs to reduce abuse rates
  2. Harmful effects on families
  3. Immigration fraud
  4. Due process
  5. Problem of campus “Kangaroo Courts” (VAWA Title III)
  6. Neglect of male victims
  7. False allegations
  8. Waste, fraud, and abuse
  9. Onerous budgetary demands on federal and state governments
  10. Ideological interests – the dubious notion that domestic violence is “all about power and control”

Lawmakers need to fashion a VAWA “Fresh Start” bill that eschews “power and control” ideology, respects the Constitution, and is based on science.