АҚШ-тың әйелдерге қарсы зорлық-зомбылық заңнамасы

United States crime legislation

The Violence Against Women Act of 1994 (VAWA) is a United States federal law (Title IV of the Violent Crime Control and Law Enforcement Act, ) signed by President Bill Clinton on September 13, 1994. The Act provided $1.6 billion toward investigation and prosecution of violent crimes against women, imposed automatic and mandatory restitution on those convicted, and allowed civil redress when prosecutors chose to not prosecute cases. The Act also established the Office on Violence Against Women within the U. S. Department of Justice. The bill was introduced by Representative Jack Brooks (D TX) in 1994 and gained support from a broad coalition of advocacy groups. The Act passed through both houses of the U. S. Congress with bipartisan support in 1994, however, House Republicans attempted to cut the Act's funding the following year. In the 2000 U. S. Supreme Court case United States v. Morrison, a sharply divided Court struck down the VAWA provision allowing women the right to sue the accused in federal court. By a 5–4 majority, the Court overturned the provision as exceeding the federal government's powers under the Commerce Clause. VAWA was reauthorized by bipartisan majorities in Congress in 2000 and again in December 2005. The Act's 2012 renewal was opposed by conservative Republicans, who objected to extending the Act's protections to same sex couples and to provisions allowing battered undocumented immigrants to claim temporary visas, but it was reauthorized in 2013 after a long legislative battle. As a result of the United States federal government shutdown of 2018–2019, the Act expired on December 21, 2018. It was temporarily reinstated via a short term spending bill on January 25, 2019, but expired again on February 15, 2019. The U. S. House of Representatives passed a bill reauthorizing VAWA in April 2019 that includes new provisions protecting transgender victims and banning individuals convicted of domestic abuse from purchasing firearms. In an attempt to reach a bipartisan agreement, Senators Joni Ernst (R IA) and Dianne Feinstein (D CA) led months of negotiation talks that came to a halt in November 2019. Senator Ernst has said she plans to introduce a new version of the bill, and hopes it will pass in the Senate. The Independent Women's Forum has urged Congress to include provisions enhancing penalties for female genital mutilation (FGM) and funding to combat FGM. According to the Centers for Disease Control and Prevention, an estimated 513,000 women and girls in the U. S. are at risk of FGM or have already been subjected to such abuse. The 2019 House version of VAWA, H. R. 1585, does not include any additional federal penalties for FGM. VAWA was reauthorized on March 15, 2022, by President Joe Biden.

The American Civil Liberties Union (ACLU) had originally expressed concerns about the Act, saying that the increased penalties were rash, that the increased pretrial detention was "repugnant" to the U. S. Constitution, that the mandatory HIV testing of those only charged but not convicted was an infringement of a citizen's right to privacy, and that the edict for automatic payment of full restitution was non judicious (see their paper: "Analysis of Major Civil Liberties Abuses in the Crime Bill Conference Report as Passed by the House and the Senate", dated September 29, 1994). In 2005, the ACLU had, however, enthusiastically supported reauthorization of VAWA on the condition that the "unconstitutional DNA provision" be removed. That provision would have allowed law enforcement to take DNA samples from arrestees or from those who had simply been stopped by police without the permission of a court. The ACLU, in its July 27, 2005 'Letter to the Senate Judiciary Committee Regarding the Violence Against Women Act of 2005, S. 1197' stated that "VAWA is one of the most effective pieces of legislation enacted to end domestic violence, dating violence, sexual assault, and stalking. It has dramatically improved the law enforcement response to violence against women and has provided critical services necessary to support women in their struggle to overcome abusive situations". Some activists opposed the bill. Janice Shaw Crouse, a senior fellow at the Christian Concerned Women for America's Beverly LaHaye Institute, called the Act a "boondoggle" which "ends up creating a climate of suspicion where all men are feared or viewed as violent and all women are viewed as victims". She described the Act in 2012 as creating a "climate of false accusations, rush to judgment and hidden agendas" and criticized it for failing to address the factors identified by the Centers for Disease Control and Prevention as leading to violent, abusive behavior. Conservative activist Phyllis Schlafly denounced VAWA as a tool to "fill feminist coffers" and argued that the Act promoted "divorce, breakup of marriage and hatred of men". In 2005, the reauthorization of VAWA (as HR3402) defined what population benefited under the term of "Underserved Populations" described as "Populations underserved because of geographic location, underserved racial and ethnic populations, populations underserved because of special needs (such as language barriers, disabilities, alienage status, or age) and any other population determined to be underserved by the Attorney General or by the Secretary of Health and Human Services as appropriate". The reauthorization also "Amends the Omnibus Crime Control and Safe Streets Act of 1968" to "prohibit officials from requiring sex offense victims to submit to a polygraph examination as a condition for proceeding with an investigation or prosecution of a sex offense." In 2011, the law expired. Different versions of the legislation were passed along party lines in the Senate and House, with the Republican sponsored House version favoring the reduction of services to undocumented immigrants and LGBT individuals. Another area of contention was the provision of the law giving Native American tribal authorities jurisdiction over sex crimes involving non Native Americans on tribal lands. By repealing a portion of the 1978 Oliphant v. Suquamish ruling, such a provision could alter the constitutional balance between federal, state, and tribal power. Historically Congress has not allowed tribal governments to exercise criminal jurisdiction over non tribal members. The two bills were pending reconciliation, and a final bill did not reach the President's desk before the end of the year, temporarily ending the coverage of the Act after 18 years, as the 112th Congress adjourned.

When a bill reauthorizing the act was introduced in 2012, it was opposed by conservative Republicans, who objected to extending the Act's protections to same sex couples and to provisions allowing battered foreigners residing in the country illegally to claim temporary visas, also known as U visas. The U visa is restricted to 10,000 applicants annually whereas the number of applicants far exceeds these 10,000 for each fiscal year. Studies show that 30 to 50% of immigrant women are suffering from physical violence and 62% experience physical or psychological abuse in contrast to only 21% of citizens in the United States. In April 2012, the Senate voted to reauthorize the Violence Against Women Act, and the House subsequently passed its own measure (omitting provisions of the Senate bill that would protect gays, Native Americans living in reservations, and immigrants who are victims of domestic violence). Reconciliation of the two bills was stymied by procedural measures, leaving the re authorization in question. The Senate's 2012 re authorization of VAWA was not brought up for a vote in the House. In 2013, the question of jurisdiction over offenses in Native American country continued to be at issue over the question of whether defendants who are not tribal members would be treated fairly by tribal courts or afforded constitutional guarantees. On February 12, 2013, the Senate passed an extension of the Violence Against Women Act by a vote of 78–22. The measure went to the House of Representatives where jurisdiction of tribal courts and inclusion of same sex couples were expected to be at issue. Possible solutions advanced were permitting either removal or appeal to federal courts by non tribal defendants. The Senate had tacked on the Trafficking Victims Protection Act which is another bone of contention due to a clause which requires provision of reproductive health services to victims of sex trafficking. On February 28, 2013, in a 286–138 vote, the House passed the Senate's all inclusive version of the bill. House Republicans had previously hoped to pass their own version of the measure—one that substantially weakened the bill's protections for certain categories. The stripped down version, which allowed only limited protection for LGBT and Native Americans, was rejected 257 to 166. The renewed act expanded federal protections to gay, lesbian, and transgender individuals, Native Americans and immigrants. On March 7, 2013, President Barack Obama signed the Violence Against Women Reauthorization Act of 2013.

A total of 138 House Republicans voted against the version of the act that became law. However, several, including Steve King (R Iowa), Bill Johnson (R Ohio), Tim Walberg (R Michigan), Vicky Hartzler (R Missouri), Keith Rothfus (R Pennsylvania), and Tim Murphy (R Pennsylvania), claimed to have voted in favor of the act. Some have called this claim disingenuous because the group only voted in favor of a GOP proposed alternative version of the bill that did not contain provisions intended to protect gays, lesbians and transgender individuals, Native Americans and undocumented immigrants.

VAWA was reauthorized by bipartisan majorities in Congress in 2000 as part of the Victims of Trafficking and Violence Protection Act of 2000 (H. R. 3244), and again in December 2005, and signed by President George W. Bush. The Act's 2012 renewal was opposed by conservative Republicans, who objected to extending the Act's protections to same sex couples and to provisions allowing battered undocumented immigrants to claim temporary visas. On September 12, 2013, at an event marking the 19th anniversary of the bill, Vice President Joe Biden criticized the Republicans who slowed the passage of the reauthorization of the act as being "this sort of Neanderthal crowd". As a result of the United States federal government shutdown of 2018–2019, the Violence Against Women Act expired on December 21, 2018. It was temporarily reauthorized by a short term spending bill on January 25, 2019, but expired again on February 15, 2019. On April 4, 2019, the reauthorization act passed in the House by a vote of 263–158, this time including closing the boyfriend loophole. All Democrats voting were joined by 33 Republicans voted for passage. New York Representative Elise Stefanik said Democrats " have refused to work with Republicans in a meaningful way," adding, "the House bill will do nothing but 'collect dust' in the GOP controlled Senate. The bill has indeed been ignored by the Senate." On December 9, 2019, following the firearm murder of a Houston police officer on duty by a boyfriend who had been abusive towards his girlfriend, Houston Police Chief Art Acevedo criticized Senators Mitch McConnell (R KY), Ted Cruz (R TX) and John Cornyn (R TX) for preventing a vote on the VAWA reauthorization. Acevedo said "I don't want to hear about how much they care about lives and the sanctity of lives yet, we all know in law enforcement that one of the biggest reasons that the Senate and Mitch McConnell and John Cornyn and Ted Cruz and others are not getting into a room and having a conference committee with the House and getting the Violence Against Women's Act (passed) is because the NRA doesn't like the fact that we want to take firearms out of the hands of boyfriends that abuse their girlfriends. And who killed our sergeant? A boyfriend abusing his girlfriend. So you're either here for women and children and our daughters and our sisters and our aunts, or you're here for the NRA." He challenged Senator Cruz to directly answer whether he supports closing the boyfriend loophole, and said that failing to address it would put the Senators "on the wrong side of history".

When a victim is the beneficiary of an order of protection, per VAWA it was generally enforceable nationwide under the terms of full faith and credit. Although the order may be granted only in a specific state, full faith and credit requires that it be enforced in other states as though the order was granted in their states.

VAWA allows for the possibility that certain individuals who might not otherwise be eligible for immigration benefits may petition for US permanent residency on the grounds of a close relationship with a US citizen or permanent resident who has been abusing them. The following persons are eligible to benefit from the immigration provisions of VAWA:
A wife or husband who has been abused by a U. S. citizen or permanent resident (Green Card holder) spouse. The petition will also cover the petitioner's children under age 21. A child abused by a U. S. citizen or permanent resident parent. The petition can be filed by an abused child or by her parent on the child's behalf. A parent who has been abused by a U. S. citizen child who is at least 21 years old.

Although the title of the Act and the titles of its sections refer to victims of domestic violence as women, the operative text is gender neutral, providing coverage for male victims as well. Individual organizations have not been successful in using VAWA to provide equal coverage for men. The law has twice been amended in attempts to address this situation. The 2005 reauthorization added a non exclusivity provision clarifying that the title should not be construed to prohibit male victims from receiving services under the Act. The 2013 reauthorization added a non discrimination provision that prohibits organizations receiving funding under the Act from discriminating on the basis of sex, although the law allows an exception for "sex segregation or sex specific programming" when it is deemed to be "necessary to the essential operations of a program." Jan Brown, the Founder and Executive Director of the Domestic Abuse Helpline for Men and Women contends that the Act may not be sufficient to ensure equal access to services.

The prison abolition movement has been critical of VAWA for its focus on policing, surveillance, and incarceration, particularly mandatory incarceration requirements, and the disproportionate number of people of color who have been arrested and incarcerated using VAWA provisions. Notable people who have criticized aspects of the VAWA include Victoria Law, Beth Richie, Gina Dent, Olúfẹ́mi O. Táíwò, and Angela Davis. However, VAWA itself has successfully brought a large number of benefits to society in the following aspects according to government documents. As the restriction constrained by VAWA, according to the US Department of Justice, the rate of rape and sexual assault, domestic violence homicide, as well as nonfatal domestic violence have been effectively reduced. It also provided several grant programs related to child abuse, women's shelters, and rape prevention, etc. For example, the annual rates of sexual violence have declined by 58% from 1994 to 2010. Also, intimate partner homicide rates have declined by 35% for women and 46% for men between 1993 and 2007, suggested by Pennsylvania Coalition Against Rape. Since the beginning of VAWA, partnerships between law enforcement, criminal justice, advocacy, and healthcare experts have grown stronger, leading to more successful crime investigations, prosecutions, and victim assistance. Due to VAWA, according to the Bureau of Justice Statistics, communities have become safer: intimate partner violence against women decreased 53% between 1993 and 2008 after the adoption of VAWA, from 9.4 victimizations per 1,000 females aged 12 or older to 4.3 victimizations per 1,000. Approximately 2.1 million victims of intimate relationship abuse were reported in 1994, but only 907,000 were reported in 2010. VAWA provides funding for preventative programs that work to end sexual violence pre emptively with the aim of better protecting families and children.

Official federal government groups that have developed, being established by President Barack Obama, in relation to the Violence Against Women Act include the White House Council on Women and Girls and the White House Task Force to Protect Students from Sexual Assault. The ultimate aims of both groups are to help improve and/or protect the well being and safety of women and girls in the United States.