CEDV Commends Sen. Patrick Leahy for Leading Drive to Include ‘Restorative Justice’ in VAWA Bill

PRESS RELEASE

Contact: Rebecca Stewart

Telephone: 513-479-3335

CEDV Commends Sen. Patrick Leahy for Leading Drive to Include ‘Restorative Justice’ in VAWA Bill

WASHINGTON / October 6, 2021 – Numerous persons have criticized the Violence Against Women Act’s over-emphasis on arrest, prosecution, and incarceration, noting that such approaches have not been shown to be effective in reducing abuse (1). At yesterday’s Senate hearing, Sen. Patrick Leahy of Vermont took the first step toward reforming VAWA’s criminal justice excesses, which are known to be especially harmful to minority communities.

In July 2020, 46 state domestic violence and sexual assault coalitions came together to endorse a “Moment of Truth” document that expressed remorse for the movement’s long-standing focus on “increased policing, prosecution, and imprisonment as the primary solution to gender-based violence.” The statement called for an end to mandatory arrest policies, and a greater emphasis on restorative approaches (2).

One year later, the Coalition to End Domestic Violence issued a concurring press release with the title, “One Year Ago, 46 Abuse Coalitions Demanded Major Reforms to VAWA. Is Congress Paying Attention?” (3)

These efforts came to fruition on October 5, 2021, when Sen. Patrick Leahy of Vermont testified at a Senate hearing on the reauthorization of the Violence Against Women Act. As a former prosecutor, Leahy offered these perspectives about the need for restorative justice:

“One size doesn’t fit all in the criminal justice system. I’ve been looking at things like restorative justice principles and practices…Survivors can have a voice in shaping the response to harm. It gives communities an opportunity to make sure that those who caused the harm be held accountable for their actions….I think utilizing restorative justice approaches is one of those necessary improvements” to the Violence Against Women Act (4).

Leahy highlighted support from the House of Representatives and the White House for restorative justice concepts. Leahy also commended the National Center on Restorative Justice at the Vermont Law School, which is supported by a grant from the U.S. Department of Justice (5).

Sen. Leahy then asked if the Department of Justice would be supportive of the use of restorative justice approaches. Deputy Attorney General Lisa Monaco replied in the affirmative, explaining, “Some survivors are reticent to seek help from the criminal justice system, and so they need other options” that are evidence-based and voluntary.

Research suggests that restorative justice is effective in reducing the incidence of domestic violence. One study found that a batterer intervention program, combined with restorative justice, resulted in significant reductions in both new arrests (53%) and crime severity scores (52%) for all offences, including DV, over a two-year period (6).

Regarding the effects on minority communities, Black men are more likely to be victims of partner abuse than Black women, according to the Centers for Disease Control (7). But inexplicably, Black men are four times more likely than Black women to be arrested for domestic violence. Each year, about 27,000 Black men, compared to only 6,300 Black women, are arrested for domestic violence (8).

Restorative justice approaches will help mitigate the chronic problems of over-arrest and over-imprisonment of Black men. The Coalition to End Domestic Violence commends Senator Leahy for demonstrating leadership in promoting innovative solutions to domestic violence.

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