False allegations of abuse are a widespread problem in the United States, according to a national telephone survey, nearly one in 10 persons report they have been falsely accused of domestic violence, sexual assault, or child abuse. While VAWA is not the only cause of this epidemic, it has contributed to the problem in a number of ways:
- VAWA provides a vague, ambiguous definition of domestic violence which has allowed states to enact laws featuring vague words like “fear” and “afraid.” VAWA states. “The term ‘domestic violence’ includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim…” [italics added]
- VAWA has encouraged the issuance of restraining orders that require little or no hard evidence of abuse.
- The language of VAWA generally does not distinguish between “complainants” (unproven allegations) and “victims” (proven allegations).
- Prosecutors are generally reluctant to charge persons, even when there is clear-cut evidence of false reporting.
Reports:
- Incentives to Make False Allegations of Domestic Violence
- What is the Cost of False Allegations of Domestic Violence?
Petition: