Violence Against Women

Violence Against Women in the United States

Violence Against Women in relation to Crime and Race

Violence Against Women is included in the Encyclopedia of Race and Crime (1), beginning with: Violence against women, also known as gender-based violence, is a global problem that crosses all levels of society. However, poor women are more likely to be victims of abuse than are women in higher socioeconomic groups. Gender-based violence includes abuse by intimate partners, coerced sex during childhood and adulthood, forced prostitution, female infanticide, and female genital mutilation. The United Nations defines it as physical, sexual, or emotional abuse or suffering of women. Violence against women is a serious public health problem and a violation of human rights. The entry defines violence, provides current U.S. victimization rates, explains the role of power and control, explores theories, identifies interventions, and outlines future research. According to the Center for Health and Gender Equity (1999) 1 out of every 3 women worldwide has been the victim of abuse or coerced sex. Abuse ranges across countries.

The Violence Against Women Act

The U.S. Congress recognized the severity of violence against women and the need for a national strategy with the enactment of the Violence Against Women Act in 1994. This landmark federal legislation’s comprehensive approach to violence against women combined tough new provisions to hold offenders accountable with programs to provide services for the victims of such violence.

The Violence Against Women Act has improved the criminal justice response to violence against women by:

  • holding rapists accountable for their crimes by strengthening federal penalties for repeat sex offenders and creating a federal “rape shield law,” which is intended to prevent offenders from using victims’ past sexual conduct against them during a rape trial;
  • mandating that victims, no matter their income levels, are not forced to bear the expense of their own rape exams or for service of a protection order;
  • keeping victims safe by requiring that a victim’s protection order will be recognized and enforced in all state, tribal, and territorial jurisdictions within the United States;
  • increasing rates of prosecution, conviction, and sentencing of offenders by helping communities develop dedicated law enforcement and prosecution units and domestic violence dockets;
  • ensuring that police respond to crisis calls and judges understand the realities of domestic and sexual violence by training law enforcement officers, prosecutors, victim advocates and judges; VAWA funds train over 500,000 law enforcement officers, prosecutors, judges, and other personnel every year;
  • providing additional tools for protecting women in Indian country by creating a new federal habitual offender crime and authorizing warrantless arrest authority for federal law enforcement officers who determine there is probable cause when responding to domestic violence cases.

The Violence Against Women Act has ensured that victims and their families have access to the services they need to achieve safety and rebuild their lives by:

  • responding to urgent calls for help by establishing the National Domestic Violence Hotline, which has answered over 3 million calls and receives over 22,000 calls every month; 92% of callers report that it’s their first call for help;
  • improving safety and reducing recidivism by developing coordinated community responses that bring together diverse stakeholders to work together to prevent and respond to violence against women,
  • focusing attention on the needs of underserved communities, including creating legal relief for battered immigrants so that abusers cannot use the victim’s immigration status to prevent victims from calling the police or seeking safety, and
  • supporting tribal governments in building their capacity to protect American Indian and Alaska Native women.

The Violence Against Women Act has created positive change. Since this Act was passed:

  • Between 1993 to 2010, the rate of intimate partner violence declined 67%;
  • Between 1993 to 2007, the rate of intimate partner homicides of females decreased 35% and the rate of intimate partner homicides of males decreased 46%.
  • More victims are reporting domestic and sexual violence to police, and reports
    to police are resulting in more arrests.

Since the Violence Against Women Act was passed, States have reformed their laws to take violence against women more seriously:

  • All states have reformed laws that previously treated date or spousal rape as
    a lesser crime than stranger rape;
  • All states have passed laws making stalking a crime;
  • All states have authorized warrantless arrests in misdemeanor domestic violence cases where the responding officer determines that probable cause exists;
  • All states provide for criminal sanctions for the violation of a civil protection order;
  • Many states have passed laws prohibiting polygraphing of rape victims;
  • Over 35 states, the District of Columbia, and the U.S. Virgin Islands have adopted laws addressing domestic and sexual violence, and stalking in the workplace. These laws vary widely and may offer a victim time off from work to address the violence in their lives, protect victims from employment discrimination related to the violence, and/or provide unemployment insurance to survivors who must leave their jobs because of the abuse.

Claims Under the Gender Motivated Violence Against Women Act of 1994

This section discusses generally the subject of Claims Under the Gender Motivated Violence Against Women Act of 1994, how to determine the facts essential to Claims Under the Gender Motivated Violence Against Women Act of 1994, and, to some extent, how to prove it in litigation and defense. Related topics are also addressed.

Resources

Notes and References

  1. Entry about Violence Against Women in the Encyclopedia of Race and Crime

See Also

Violence Against Women: Open and Free Legal Research of US Law

Federal Primary Materials

The U.S. federal government system consists of executive, legislative, and judicial branches, each of which creates information that can be the subject of legal research about Violence Against Women. This part provides references, in relation to Violence Against Women, to the legislative process, the federal judiciary, and the primary sources of federal law (cases, statutes, and regulations).

Federal primary materials about Violence Against Women by content types:

Laws and Regulations

US Constitution
Federal Statutory Codes and Legislation

Federal Case Law and Court Materials

U.S. Courts of Appeals
United States courts of appeals, inclouding bankruptcy courts and bankcruptcy appellate panels:

Federal Administrative Materials and Resources

Presidential Materials

Materials that emanate from the President’s lawmaking function include executive orders for officers in departments and agencies and proclamations for announcing ceremonial or commemorative policies. Presidential materials available include:

Executive Materials

Federal Legislative History Materials

Legislative history traces the legislative process of a particular bill (about Violence Against Women and other subjects) for the main purpose of determining the legislators’ intent behind the enactment of a law to explain or clarify ambiguities in the language or the perceived meaning of that law (about Violence Against Women or other topics), or locating the current status of a bill and monitoring its progress.

State Administrative Materials and Resources

State regulations are rules and procedures promulgated by state agencies (which may apply to Violence Against Women and other topics); they are a binding source of law. In addition to promulgating regulations, state administrative boards and agencies often have judicial or quasi-judicial authority and may issue administrative decisions affecting Violence Against Women. Finding these decisions can be challenging. In many cases, researchers about Violence Against Women should check state agency web sites for their regulations, decisions, forms, and other information of interest.

State rules and regulations are found in codes of regulations and administrative codes (official compilation of all rules and regulations, organized by subject matter). Search here:

State opinions of the Attorney General (official written advisory opinions on issues of state law related to Violence Against Women when formerly requested by a designated government officer):

Tools and Forms

Law in Other Regions

*This resource guide is updated frequently. However, if you notice something is wrong or not working, or any resources that should be added, please notify us in any of the "Leave a Comment" area.

Leave a Comment