Analysis
Analysis of the Leahy-Crapo Bill
These are the shortcomings of the Leahy-Crapo VAWA reauthorization bill:
Shortchanges victims, and some cases places their lives at risk.
Angela Moore Parmley, PhD of the U.S. Department of Justice has acknowledged that “We have no evidence to date that VAWA has led to a decrease in the overall levels of violence against women.”[ii]
But the problem is not just lack of effectiveness[iii] – in some areas, the Leahy-Crapo bill contains provisions that are harmful and neglectful to victims:
- Allows for the continued funding of mandatory arrest policies, which a Harvard study found increases partner homicides by nearly 60% (Sec. 102)
- Endorses the use of restraining orders, which are known to be ineffective in curbing violence (Sec. 102)
- Implies only women are victims of domestic violence, thus condoning continued sex-based discrimination
- Uses overly broad definitions of domestic violence and does not give priority to persons with evidence of physical violence, thus squandering scarce resources that are needed for real victims
These problems are documented in the SAVE Special Report, Has VAWA Delivered on its Promises to Women?[iv]
Creates a double-standard of justice.[v]
- Allows for biased predominant aggressor policies that allow female aggressors to continue their abuse.[vi]
- Adds a new “National Pro Bono and Pro Se Resource Center” to expand pro bono and pro se services for accusers, but not persons accused of domestic violence. (Section 104).
Spawns a new class of victims — persons falsely accused of domestic violence.[ix]
- Does not distinguish between accusers and real victims.
- Provides legal assistance to accusers, but denies legal help for the accused, thus violating the notion of “equal treatment under the law” (Sec. 103)
Does not assure transparency and accountability of programs.
- Consolidates the monopoly-like status of the existing DV state coalitions and shelters.
- Guarantees lifetime public housing for alleged victims of domestic violence. The only proof the alleged victim needs is a letter from a volunteer at a local abuse shelter (Section 601).
Allows for continued harmful effects on the institution of the family, arising from the often permanent separation of the parties even after a minor or one-time incident of abuse.[x] As a result, VAWA has become an engine in the growth of single-parent households and demand for welfare services.[xi]
Does nothing to stop the ongoing misrepresentations of the domestic violence research.[xii]
Over 250 scholarly studies show partner aggression is an equal opportunity problem.[i] But the Leahy-Crapo bill:
- Funds training programs for judges, prosecutors, and law enforcement personnel – programs that are known to be biased and stereotype males as abusers.[xiii]
- Proposes a new “CHOOSE Children and Youth” program that would allow ideologically tainted abuse-reduction curricula to be introduced into the schools (Section 302). Authorization: $15 million a year.
- Requires colleges to establish biased programs for “mandatory prevention and education program on domestic violence, dating violence, sexual assault, and stalking for all incoming students” (Section 303).
[i] www.csulb.edu/~mfiebert/assault.htm
[ii] Parmley A. Violence against women post VAWA. Violence Against Women Vol. 10, No. 12, 2004. p. 1424.
[iii] SAVE. How Effective are Domestic Violence Programs in Stopping Partner Abuse? Rockville, MD. 2011. http://www.saveservices.org/downloads/Why-DV-Programs-Fail-to-Stop-Abuse
[iv] http://www.saveservices.org/downloads/VAWA-Has-It-Delivered-on-Its-Promises-to-Women
[v] SAVE. Unequal Justice in the Criminal Justice System. Rockville, MD. 2011. http://www.saveservices.org/downloads/Unequal-Justice-in-the-Criminal-Justice-System
[vi] SAVE. Predominant Aggressor Policies: Leaving the Abuser Unaccountable? Rockville, MD. 2010. http://www.saveservices.org/downloads/Predominant-Aggressor-Policies
[vii] SAVE. Are Domestic Violence Policies Respecting our Fundamental Freedoms? Rockville, MD. 2011. http://www.saveservices.org/downloads/SAVE-Assault-Civil-Rights
[viii] Mankey M. Biggest civil rights roll-back since Jim Crow era. Everett Herald Net. October 13, 2009.
[ix] SAVE. Incentives to Make False Allegations of Domestic Violence. Rockville, MD. 2011. http://www.saveservices.org/downloads/Perverse-Incentives
[x] SAVE. How False Allegations Harm Families and Chilldren. Rockville, MD. 2011. http://www.saveservices.org/downloads/False-Allegations-Harm-Families-and-Children
[xi] SAVE. What is the Cost of False Allegations of Domestic Violence? Rockville, MD.. 2011. http://www.saveservices.org/downloads/False-DV-Allegations-Cost-20-Billion
[xii] SAVE. Most DV Programs Lack Accuracy, Balance, and Truthfulness. Rockville, MD. 2011. http://www.saveservices.org/downloads/SAVE-DV-Educational-Programs
[xiii] SAVE. Most DV Educational Programs Lack Accuracy, Balance, and Truthfulness. Rockville, MD. 2011. http://www.saveservices.org/downloads/SAVE-DV-Educational-Programs
