Fourteen Principles for VAWA Reform

The Coalition to End Domestic Violence has identified 14 Principles for VAWA Reform. These principles have been endorsed by numerous professors, attorneys, and other opinion leaders. Their names can be seen HERE.

These are the 14 principles to reform the Violence Against Women Act, as well as state-level domestic violence laws:

General Issues

  1. VAWA drafting process: Stakeholders representing a diversity of perspectives need to participate as members of the VAWA reauthorization drafting committee.
  2. Definitions: Because of VAWA’s expansive and vague definitions, minor incidents of partner conflict are being over-criminalized. In addition, victims of physical violence aren’t getting the priority they deserve.[1]
  3. Training and public awareness: Training and education programs should be based on sound science, not gender ideology.[2],[3]
  4. Non-discrimination: VAWA grantees should ensure that all victims of domestic violence are helped.[4]
  5. Accountability: The Violence Against Women Act needs to institute strong transparency and accountability measures to rein in waste and fraud.[5]

Counseling and Treatment Services

  1. Treatment programs: Programs funded by the Violence Against Women Act ignore the most common causes of intimate partner violence: substance abuse, marital conflict, and psychological disorders. Domestic violence programs should address the social and psychological causes of partner aggression.[6]
  2. Mediation and Reconciliation: The importance of the family structure must be respected.[7] Many states prohibit couples counseling when abuse has been alleged. Partner reconciliation should be allowed when the counselor and victim believe counseling is desirable and safe. Campus sexual assault policies should allow for mediation.
  3. Abuse shelters: Abuse shelters should be staffed by personnel with appropriate training and expertise in crisis intervention, mental health, and substance abuse treatment.[8] Shelters should give priority to victims of physical violence.

Legal Response

  1. Due process: The legal response to alleged incidents of domestic violence and sexual assault must be based on constitutionally sound principles of due process, whether in the criminal justice system[9] or on college campuses.[10] The presumption of innocence must be upheld.[11]
  2. Investigations: Investigations of alleged incidents must be objective, neutral, and fair, not based on guilt-presuming “victim-centered” methods.[12]
  3. Restraining orders: Restraining orders don’t deter determined abusers from harming their victims, and can lull victims into a false sense of security. Restraining orders should only be issued when there is objective and verifiable evidence of abuse.[13]
  4. Mandatory arrest: Mandatory arrest policies increase partner homicides by nearly 60%, according to a Harvard University study.[14] The Department of Justice should not award VAWA grants to jurisdictions with policies that promote arrest without probable cause.
  5. Prosecution: Mandatory prosecution and prosecuting protection order violations may be linked to increases in partner homicides.[15] Prosecutors need to avoid ‘no-drop’ policies that ignore the wishes and needs of victims.
  6. False allegations: False allegations can cause severe and lasting harm to the wrongfully accused, deprive children of parental guidance, and rob victims of services, protections, and credibility.[16] Incentives should not be established for immigrants to make false allegations.[17] False accusers need to be held accountable.

 

Citations:

[1] Expanding Definitions of Domestic Violence. http://www.saveservices.org/downloads/Expanding-Definitions-of-Domestic-Violence

[2] Cathy Young: Ending Bias in Domestic Violence Law. http://archive.boston.com/news/globe/editorial_opinion/oped/articles/2005/07/25/ending_bias_in_domestic_assault_law/

[3] National Science Council: Advancing the Federal Research Agenda on Violence Against Women. https://www.nap.edu/catalog/10849/advancing-the-federal-research-agenda-on-violence-against-women

[4] Brian Smith. What Domestic Violence Against Men Looks Like. https://melmagazine.com/what-domestic-violence-against-men-looks-like-74ce9500ab8d

[5] Sarah Torre: Violence Against Women Bill Fails to Address Fraud. http://dailysignal.com/2012/04/24/violence-against-women-bill-fails-to-address-fraud/

[6] Centers for Disease Control: Intimate Partner Violence: Risk and Protective Factors. http://dailysignal.com/2012/04/24/violence-against-women-bill-fails-to-address-fraud/   https://www.cdc.gov/ViolencePrevention/intimatepartnerviolence/riskprotectivefactors.html

[7] Petition2Congress: Stop False Allegations of Domestic Violence. https://www.petition2congress.com/ctas/stop-false-allegations-domestic-violence

[8] Carey Roberts. Few Women in Abuse Shelters are True Victims of Violence. https://web.archive.org/web/20110920045655/http://www.renewamerica.com:80/columns/roberts/081002

[9] Carey Roberts. Violence Against Women Act: Do the Rights of Men Matter? http://www.renewamerica.com/columns/roberts/110712

[10] American College of Trial Lawyers. White Paper on Campus Sexual Assault Investigations. https://www.actl.com/docs/default-source/default-document-library/position-statements-and-white-papers/task_force_allegations_of_sexual_violence_white_paper_final.pdf

[11] ACLU: Letter to the Senate Judiciary Committee Regarding the Violence Against Women Act. https://www.aclu.org/letter/aclu-letter-senate-judiciary-committee-regarding-violence-against-women-act-2005

[12] Rachel Frommer. Legal Scholars Call on Universities to Reform ‘Victim-Centered’ Sexual Misconduct Policies. http://freebeacon.com/culture/legal-scholars-call-universities-reform-victim-centered-sexual-misconduct-policies/

[13] Steve Albrecht. Do Domestic Violence Restraining Orders Ever Really Work? https://www.psychologytoday.com/blog/the-act-violence/201207/do-domestic-violence-restraining-orders-ever-really-work

[14] Radha Iyengar: Does the Certainty of Arrest Reduce Domestic Violence? Evidence from Mandatory and Recommended Arrest laws. http://www.nber.org/papers/w13186

[15] Prosecutor Ethics in Domestic Violence and Sexual Assault Cases. http://www.prosecutorintegrity.org/wp-content/uploads/DomesticViolenceSexualAssault.pdf

[16] Capital Research Center. The Violence Against Women Act and the War for Tax Dollars. https://capitalresearch.org/article/vawa/

[17] David North. Senate Holds a Rare Hearing on Immigration-Related Marriage Fraud. https://cis.org/north/senate-holds-rare-hearing-immigration-related-marriage-fraud