46 State Abuse Coalitions Call for End to Harsh, VAWA-Driven Criminal Justice Policies

PRESS RELEASE

Contact: Rebecca Stewart

Telephone: 513-479-3335

46 State Abuse Coalitions Call for End to Harsh, VAWA-Driven Criminal Justice Policies

WASHINGTON / October 22, 2020 – Forty-six state domestic violence and sexual assault coalitions have signed a statement calling for major changes to domestic violence laws and policies. The statement is likely to have far-reaching effects on the federal Violence Against Women Act, which is currently up for reauthorization in Congress.

Titled “Moment of Truth,” the statement notes ironically, “We have invested significantly in the criminal legal system, despite knowing that the vast majority of survivors choose not to engage with it, and that those who do are often re-traumatized by it.”

The paper expresses regret for the movement’s long-standing focus on “increased policing, prosecution, and imprisonment as the primary solution to gender-based violence.” The document instead calls for “transformative justice approaches,” which are also known as restorative justice.

The “Moment of Truth” paper specifically criticizes mandatory arrest policies, which have been established in localities across the nation as a result of VAWA prescriptions. But research shows these policies have had the opposite of the intended effect. A Harvard University study concluded, “Intimate partner homicides increased by about 60% in states with mandatory arrest laws…Mandatory arrest laws are responsible for an additional 0.8 murders per 100,000 people.” (1)

Numerous women’s leaders have called for ending the over-criminalization of domestic violence (2). An over-reliance on criminal justice approaches has hampered the effectiveness of abuse-reduction programs (3).

The Coalition to End Domestic Violence affirms the essential role of criminal justice approaches that respect constitutional due process protections, preserve the family unit whenever possible, and recognize the need to address the root causes of domestic violence, particularly substance abuse, marital discord, and mental health problems (4).

The “Moment of Truth” statement (5) was endorsed by the following 46 organizations:

Alabama Coalition Against Rape; Alaska Network on Domestic Violence and Sexual Assault; Arkansas Coalition Against Sexual Assault; California Coalition Against Sexual Assault; California Partnership to End Domestic Violence; CAWS North Dakota; Colorado Coalition Against Sexual Assault; End Domestic Abuse Wisconsin; Florida Council Against Sexual Violence; Georgia Coalition Against Domestic Violence; Georgia Network to End Sexual Assault; Idaho Coalition Against Sexual & Domestic Violence; Illinois Coalition Against Domestic Violence; Indiana Coalition Against Domestic Violence; Iowa Coalition Against Domestic Violence; Iowa Coalition Against Sexual Assault; Jane Doe Inc. (Massachusetts Coalition Against Sexual and Domestic Violence); Kentucky Association of Sexual Assault Programs, Inc.; Kentucky Coalition Against Domestic Violence; Maine Coalition Against Sexual Assault; Maine Coalition to End Domestic Violence; Maryland Network Against Domestic Violence; Mississippi Coalition Against Sexual Assault; Montana Coalition Against Domestic and Sexual Violence; Nebraska Coalition to End Sexual and Domestic Violence; Nevada Coalition to End Domestic and Sexual Violence; New Jersey Coalition Against Sexual Assault; New Jersey Coalition to End Domestic Violence; New Mexico Coalition of Sexual Assault Programs, Inc.; New York State Coalition Against Domestic Violence; New York State Coalition Against Sexual Assault; North Carolina Coalition Against Domestic Violence; North Carolina Coalition Against Sexual Assault; Ohio Alliance to End Sexual Violence; Ohio Domestic Violence Network; Pennsylvania Coalition Against Domestic Violence; Pennsylvania Coalition Against Rape; Tennessee Coalition to End Domestic and Sexual Violence; Utah Coalition Against Sexual Assault; Vermont Network Against Domestic and Sexual Violence; Violence Free Colorado; Virginia Sexual & Domestic Violence Action Alliance; Washington Coalition of Sexual Assault Programs; Washington State Coalition Against Domestic Violence; West Virginia Coalition Against Domestic Violence; and the Wisconsin Coalition Against Sexual Assault.

The Violence Against Women Act played a prominent part of the Violent Crime Control and Law Enforcement Act that was enacted in 1994. Last Thursday Joe Biden, chief architect of VAWA, was asked whether the criminal control law was a mistake. Biden responded, “Yes, it was.” (6)

Citations: