Can Reauthorizing the Violence Against Women Act Pass Congress

Seems obvious, but… Shepherded in 1994 through Congress by the Chairman of the Senate Judiciary Committee, one Joseph R Biden, Jr., the Violence Against Women Act (VAWA) made domestic violence a federal crime. It addressed many sub-issues, such as the right to possess a gun as applied to domestic abusers, stalking, the plague of domestic violence in Native American reservations, sexual assault and victim support. And over the years, it has been fine-tuned to address evolving issues. While Congress separately authorizes funds in support of the VAWA, the act now faces a reauthorization vote that would bring the law up to modern realities. While there is bipartisan support, reauthorization has generated opposition over the years. The renewal legislation is about to face Congressional scrutiny, although no specific date has yet been set.

Hard to believe that reinforcing a solution to such a basic problem would not draw unanimous approval, but there is controversy, beginning with GOP pledges to oppose as much Biden-desired legislation as possible. Writing for the June 1st Los Angeles Times, Julia Barajas adds some details: “In recent years, the act has been rejected by some lawmakers, lobbyists and others who oppose recognizing the rights of transgender people and object to keeping guns from those who’ve been convicted of abusing someone they dated. Prison abolitionists argue that the act places a premium on putting offenders behind bars, instead of providing rehabilitation.” Even as statistics suggest that a domestic violence victim is five times more likely to be killed when an abusive partner has access to a gun, NRA supporters simply oppose restrictions on gun ownership in general, often with virtually no limitations. And that resonates with many GOP legislators.

“The latest version of the act also aims to improve accountability. Noting that the Department of Justice found that Indigenous women on some reservations are slain at more than 10 times the national average, the VAWA reauthorization reaffirms Tribal Nations’ authority to prosecute non-Indigenous offenders who commit crimes on tribal territory.

“The reauthorization act also seeks to close the ‘boyfriend loophole.’ Currently, federal law prohibits people who’ve been convicted of domestic violence from owning or purchasing firearms. However, this applies only to those who have been married to, lived with or have a child with the victim. The 2021 version of the act expands the prohibition to current and former dating partners, as well as those convicted of misdemeanor stalking.

“Rep. Debbie Dingell (D-Mich.), who drafted the provision and pressed for it to be included in the reauthorization act, says it’s an urgent matter of life and death… She and other lawmakers who favor keeping guns from violent dating partners cite the Giffords Law Center to Prevent Gun Violence, which notes that when an abusive partner has access to a gun, a domestic violence victim is five times more likely to be killed.

“They also point to a 2018 study published in Preventive Medicine, an international journal on public health policy, which found that more than 4 in 5 domestic violence incidents reported to the police involve partners who are dating, not married…

“The VAWA update also includes provisions for women in prison. When deciding whether to assign a transgender or intersex person to a male or female facility, the Bureau of Prisons would have to consider whether a placement would ensure the prisoner’s health and safety and take the prisoner’s own views into account.

“To more effectively address sexual violence on college campuses, personnel would receive training on how to conduct interviews without judging or blaming victims for alleged crimes. When possible, they would also provide victims with a recording of the interview.

“To stop violence from happening in the first place, the new plan calls for increased investment in ongoing prevention education, encompassing themes ranging from dating violence to reproductive coercion, essentially attempts by male partners to promote pregnancy.” LA Times. This reauthorization and expansion legislation should not struggle through Congress when it is formally brought into formal consideration. But it just might, in an era when taking logical steps to prevent the spread of disease, where military assault weapons are fully legal and where statutes mandating that public classrooms cannot teach that there are historical patterns of racial injustice in the United States. Go figure. If we don’t talk about or deal with issues, they must not exist, right?

I’m Peter Dekom, and if you care, please let your representatives in Congress know how you feel about reauthorizing and expanding the Violence Against Women Act.