Congress should pass violence act

— The 1994 Violence Against Women Act has done tremendous good in stepping up prosecution of domestic violence, aiding victims and increasing awareness of a too-often silent threat to our society. But the act was allowed to lapse in 2011 amid partisan bickering. On Tuesday, the Senate sent a strong signal by voting to reauthorize the law by an overwhelming 78-22 vote, but its survival in the Republican-controlled House of Representatives is, sadly, far from certain.

VAWA, as the law is called, aids in the investigation and prosecution of violent crimes against women and allows for civil redress in cases that prosecutors choose to leave unprosecuted. The act also established the Office on Violence Against Women within the Department of Justice. The re-authorization approved by the Senate would provide $659 million over the next five years for VAWA programs.

This legislation has been important for women since the time of its enactment. After a large push in the late 1980s and early 1990s from advocates concerned with domestic and sexual violence, VAWA has been instrumental in helping to make crimes against women a priority for prosecutors. Over the years, VAWA has expanded its focus from solely domestic violence to also include dating violence and stalking. The bill includes funding for services to protect adult and teen victims, to support training on these issues, and to ensure official responses to violence across the country.

Additionally, VAWA has been vitally important to Native American women-one in three of them is a sexual violence survivor, and the murder rate for Native American women is a stunning 10 times higher than the national average.

But it is a provision dealing with the prosecution of abuse on Indian reservations that has proved one of the biggest obstacles to re-authorization. The Senate bill says that non-Native Americans accused of abusing Native American women on reservations can be tried in tribal courts; under current law, such cases are rarely prosecuted at all. But some Republicans have complained that those courts offer insufficient protections for the defendants’ constitutional rights. If that is the true complaint, the answer is to provide more resources for those courts, not to allow non-Native Americans to abuse Native American women with impunity.

The other objections to the bill are similarly hollow. Some Republicans are opposed to a provision that allows immigrant victims of abuse to gain permanent residency, on the assumption that some could manipulate the law to find a way to stay in this country. But the opposite risk-that an immigrant woman would stay in an abusive relationship to avoid the chance that she could be deported-is much greater. Some also oppose the bill’s nondiscrimination clause for gay, lesbian and transgender victims of abuse, but why should they be any less worthy of protection?

But this should not be a partisan issue. As Maryland Democratic Sen. Barbara Mikulski said in arguing for the bill on the Senate floor, the Violence Against Women Act works. The House needs to overcome its divisions and send this bill to the president to sign into law.

Perspective, Pages 80 on 02/17/2013

Upcoming Events