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Are We on the Verge of Defining Every Man and Woman in America as an Abuser?

SAVE January 30, 2019 Over-criminalization is seen as a major problem in America. Our nation has the highest incarceration rate of any country in the world. In response, Congress approved the FIRST STEP Act last year. And discussions how to address the opioid crisis repeatedly emphasized the need for mental health treatment, not incarceration

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January 30, 2019

Over-criminalization is seen as a major problem in America. Our nation has the highest incarceration rate of any country in the world. In response, Congress approved the FIRST STEP Act last year. And discussions how to address the opioid crisis repeatedly emphasized the need for mental health treatment, not incarceration of offenders.

So what about domestic violence? Many persons believe domestic violence also has become over-criminalized:

  • Overly broad definitions: The most common example has been to define “violence” in terms of its alleged psychological impact.
  • Mandatory arrest laws: In most cases, the victim says, “I don’t want him (or her) to be arrested, I just want the abuser to get help!”
  • No-drop prosecution policies: No-drop policies require prosecutors to pursue the case, despite the wishes of the victim. In about four-fifths of cases, the person who requests police assistance later recants or drops the charges.

As a result, victims have become reluctant to call the police for help. The harmful impact of such policies is especially worrisome in African-American communities.

In recent years, feminist groups have become increasingly critical of VAWA’s over-reliance on criminal approaches. As early as 2003, the Ms. Foundation for Women noted, “Unfortunately, when state power has been invited into, or forced into, the lives of individuals, it often takes over.”[1]

More recently, University of Maryland law professor Leigh Goodmark has launched a campaign to educate the public and lawmakers about the problems of over-criminalization. In her recent book, “Decriminalizing Domestic Violence,” she calls for a balanced approach recognizing that domestic violence also needs to be viewed as an economic, public health, community, and human rights problem.[2] And dozens of professors, attorneys, and others have endorsed a series of principles designed to rein in the over-criminalization of domestic violence.[3]

H.R. 6545

In July 2018, Rep. Sheila Jackson Lee introduced her VAWA reauthorization bill, H.R. 6545. The centerpiece of her bill is this expanded definition:

Domestic Violence – The term ‘domestic violence’ means a pattern of behavior involving the use or attempted use of physical, sexual, verbal, emotional, economic, or technological abuse or any other coercive behavior committed, enabled, or solicited to gain or maintain “power and control” over a victim…[emphasis added]

Think about this in personal terms:

  • Verbal abuse: Have you ever called, or attempted to call, your partner a derogatory name?
  • Emotional abuse: Have you ever given your partner the “silent treatment”?
  • Economic abuse: Have you ever told, or attempted to tell, your partner to stop over-spending the credit card?
  • Technological abuse: Have you ever sent an annoying email?

Does this trivialize the problem of real domestic violence? Will this serve to overwhelm our criminal justice system with minor cases? Won’t this open the door to a cascade of false allegations?

Is this really where we want to take the domestic violence debate in our country?

Citations:

[1] Ms. Foundation for Women. Safety and Justice for All. 2003.

[2] Leigh Goodmark, Decriminalizing Domestic Violence. University of California Press, 2018.

[3] Coalition to End Domestic Violence, Fourteen Principles for VAWA Reform. http://endtodv.org/statements/opinion-leaders/