Arlana
Dec, 09, 2024
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Introduction

Gender roles are socially constructed, and women are subordinate to men in all circumstances. Historically, men are the heads of the household while women are their wifely caregivers. For centuries, women did not obtain the basic rights they have today. Unfortunately, this causes toxicity to infiltrate the dynamic. Domestic violence is one example of how too much power on one person can destroy another.

The section above pertains to an underdeveloped social structure. Today, men and women are not the only genders recognized in American society. However, men, especially heterosexual white men, remain superior to any minority. The Violence Against Women Act (VAWA) was created for women, but now protects any victim of violence.

The History of VAWA

Domestic violence crimes were finally federally recognized in the United States. According to the Legal Momentum Organization, Congress passed the Violence Against Women Act (VAWA 1994) alongside the Violent Crime Control and Law Enforcement Act of 1994. The protections and provisions of the act were expanded in the Violence Against Women Act of 2000 (VAWA 2000), and the Violence Against Women and Department of Justice Reauthorization Act of 2005 (VAWA 2005).

VAWA 1994 was the first comprehensive federal legislation created to cease violence against women. It included provisions on rape and battering that focused on prevention and funding for victims; it validated women's groups that lobbied for federal protections in states lacking them. The bill was the first to make these crimes federally illegal and required every state to provide protection orders in full faith.

The drafting of VAWA began in 1990. President Joseph Biden (Senator of Deleware at the time) submitted a preliminary proposal highlighting the severity of violence against women to Congress. He collaborated with the Senate Judiciary Committee staff and the Legal Momentum (previously called NOW Legal Defense and Education Fund). As a result, experts and organizations worked together in the Task Force on VAWA to help draft and pass the bill. The Legal Momentum stated, "This initial coalition has become the very large and diverse National Task Force to End Sexual and Domestic Violence, which continues to collaborate to help draft and pass each VAWA reauthorization" (paragraph 3).

The Department of Justice founded the Office on Violence Against Women (OVW) which funded VAWA in 1994 and following legislation. OVW provided financial and technical aid to U.S. communities that created programs, policies, and practices aimed at ceasing domestic violence, dating violence, sexual assault, and stalking. In 2002, OVW became a permanent part of the Department of Justice. Since 1994, OVW granted approximately $4 billion to non-profit programs and state, tribal, and local governments. The American Recovery and Reinvestment Act (2009) included an additional $225 million for OVW funding.

Protections & Provisions

Impact

Funding for victim services and evidentiary matters
Rape and battering that focuses on prevention
Requires that every state afford full faith and credit to orders of protection

Authorized domestic violence victims who escape and travel across state lines for custody orders without returning to jurisdictions
Enhanced enforcement of protection orders across state and tribal lines
Improved services for victims of stalking
Increased access to services for communities of color, immigrant women, and tribal and Native communities
Increased protections for immigrants, sexual assault survivors, and victims of dating violence
Specifically included the needs of underserved populations
VAWA 2005 founded new programs, such as Court Training and Improvements, Child Witness, and Culturally Specific programs

VAWA Today

The initial version of VAWA only supported women. However, the U.S. Department of Housing and Urban Development answered a frequently asked question about who is covered. It stated, "VAWA protects survivors, regardless of their sex, gender identity, or sexual orientation and regardless of the sex, gender identity or sexual orientation of the person who caused harm." Any "coercive behavior committed, enabled, or solicited to gain or maintain power and control over a victim" is covered under VAWA. Some examples are economic, emotional, mental, physical, sexual, and technological abuse and stalking.

VAWA has gone through several advancements since its original legislation. The most recent amendment of the bill was passed under President Biden's term in 2022. According to the National Network to End Domestic Violence (NNEDV), this reauthorization included groundbreaking provisions that were inclusive to any victim. One example was the creation of an LGBTQ+ services program. Another was restoring tribal jurisdiction. The NNEDV stated that this provision "allowed tribes to hold non-Native perpetrators accountable, improved existing housing protections and increased access to emergency and short-term housing, and created dedicated investments in culturally specific service providers to ensure survivors of color are supported" (paragraph 2).

VAWA & VOCA at Sylvia's Place

Additionally, VAWA and VOCA (The Victims of Crime Act) funds Sylvia's Place. According to Equal Justice USA, VOCA was established by Congress in 1984 under President Ronald Reagan and created the Crime Victims' Fund, which collects millions of dollars. The Crime Victims' Fund distributes a set amount annually that states must apply for; states re-grant the funds to nonprofit organizations. Sylvia's Place specifically uses funds from VAWA and VOCA for our six-bedroom emergency shelter, ten free counseling sessions, court accompaniments, legal advocacy, and transportation (company van or gas cards for clients).