National Research Center for Women & Families
National Research Center
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    Violence Against Women Act 2005
by Allison Harris and Meghan Musso

April 2006 Update

The Violence Against Women Act of 2005 was signed into law in January 2006. The bill authorizes $3.9 billion to support the program, including major enhancements, for the next five years. However, this bill does not actually provide the funding: it is just the first step, setting an upper spending limit. For each of the 5 years of the bill, Congress will need to pass legislation appropriating the specific amount of funds that the government will provide for each of the VAWA programs. There is no guarantee that Congress will appropriate the $3.9 billion that was authorized, or even the minimum amount that is needed.

The war in Iraq, budget cuts, and other major expenses have resulted in less money for human services programs such as VAWA. President Bush's 2007 budget for VAWA does not include enough money for many of the previously established VAWA programs and services, so that it is unlikely that Congress will include adequate funding for the new programs that VAWA 2005 intended for 2006-2010. Despite the overwhelming Congressional votes for VAWA, that does not mean that the same Congress will vote for adequate funding to support the programs. Very strong public support of VAWA will be necessary to convince Congress to provide adequate funding through the appropriations bill for FY 2007 (which starts on October 1, 2006).

Now is a key time in the appropriations process. If you support programs to help victims of violence and to prevent violence, it is important to email your U.S. Senators and member of Congress asking for full funding of VAWA and protection of the Victims of Crime Act (VOCA).

Created in 1984, VOCA protects the rights of violent crimes victims and provides financial compensation, assistance, and services to those victims as well. VOCA covers victims of violent crimes such as sexual assault, rape, abuse, dating violence, and terrorism. Through the Office for Victims of Crime (OVC) and the Crime Victims Fund, both established by VOCA, federal funding is allotted to national, state, and local organizations to directly aid violent crimes victims. The Crime Victims Fund collects fines, penalties, bond money, and funds from crime offenders to support these grants, so no taxpayer money is used. However, each year Congress puts a "cap" on the Crime Victims Fund, which means they limit how much of the collected fines and other money will be given to the victims. Congress decides on the amount during the appropriations process, so it is important that you let your representatives know that VOCA needs full funding.

Here are some web sites where you can get more information, including sample letters:

www.ncadv.org  
National Coalition Against Domestic Violence
www.nnedv.org  
National Network to End Domestic Violence
www.ncvc.org  
National Center for Victims of Crime
www.navaa.org  
National Association of VOCA Assistance Administrators
www.endabuse.org  
Family Violence Prevention Fund


Background

In June 2005, Congress introduced the Violence Against Women Act (VAWA) of 2005, bipartisan legislation to reauthorize the VAWA legislation originally passed in 1994. Since VAWA first became law in 1994, more than 660 state laws protecting victims of domestic violence and sexual assault have been passed, and VAWA 2005 has an even more comprehensive approach to the problem of violence. 1 The legislation is called a re-authorization because it provides new authority for an existing law. The House passed VAWA with an overwhelming 415-4 vote for approval on September 8, followed by unanimous Senate approval on October 4. President Bush signed the bill into law on January 5, 2006, continuing it for five more years. VAWA could provide nearly $3.9 billion dollars of funding over the next five years to combat and prevent violence against women. However, it is up to the Congress to pass the needed funding every year.

Rather than keep the law exactly as it had been, Congress expanded the scope of the bill in several ways. Specifically, VAWA now helps protect child victims of violence, immigrant and minority populations, and men and boys. The law focuses on education and prevention, creating training programs for law enforcement officials, health care providers, housing providers, and men and boys to help stop the generational cycle of abuse and sexual assault. Further, VAWA extends services and legal protection for women in housing and employment, and revamps the legal system to make it more accessible and beneficial for the victims. Additionally, the law establishes crisis services for victims of rape and sexual assault.

The new law focuses on four areas of crime; domestic violence, dating violence, sexual assault, and stalking. However, these programs will only be reality if Congress provides adequate funding every year.

Highlights of the recently approved VAWA include:

  • Creating four new programs directed specifically at youth and child victims of violence. It also funds grants to combat violent crime on college campuses, and has juvenile justice provisions to better help the many girls in jail who have been victims of domestic violence and sexual abuse.


  • Introducing the National Resource Center on Workplace Responses to assist employers and labor organizations in developing and utilizing workplace responses for victims of domestic violence, sexual assault, stalking, and dating violence.


  • Focusing legal and financial aid on housing issues for victims of violence. This title mandates long-term housing grants for victims at risk of homelessness, programs to help victims keep their housing, and funds to educate and train public housing providers in the areas of domestic violence and sexual assault. Additionally, the law expands grants for transitional housing, and protects victims from being unfairly evicted or denied housing because they were or are victims of domestic violence or sexual assault.


  • Providing grants to help encourage state and local cooperation of advocates, public health departments, and health care providers to create a more efficient healthcare response to domestic violence and sexual assault. Also, the law forms programs teaching medical and health profession students about identifying and treating victims of violence and allocate funds for a study on effective interventions in healthcare settings.


  • Developing prevention programs aimed at children exposed to violence, families at risk of violence, and men and boys, to stop the perpetuation of violence against women. VAWA calls for a public awareness campaign to educate the American population about the problems with domestic violence, sexual assault, stalking, and dating violence in the United States.


  • Increasing protection of immigrant victims of domestic violence, sexual assault and trafficking. The bill allows immigrant victims to file a petition through VAWA, extends access to work authorization and the legal system, helps extend or change the type of visa an immigrant is granted, and makes receiving permanent residency easier. VAWA also improves legal rights of child and young adult immigrant victims. 2


  • Directing funds toward Indian tribal governments to prevent violence against women in this group, educate the leaders and population, and increase the resources available to Indian victims of domestic violence, sexual assault, stalking, and dating violence. Additionally, the law calls for research on violence against Indian women, and the establishment of a Deputy Director for Tribal Affairs.


  • Dramatically increasing funding for the STOP training program to promote collaboration of law enforcement and legal officials to better serve victims. Examples include victim access to trained legal and advocacy personnel, court training and education programs, double penalties for repeat violence or abuse offenders, and prosecution counselors to help guide the victim through the legal process. The law protects confidentiality of victims, and creates public awareness campaigns for underserved and minority communities.


  • Finally, developing the Sexual Assault Services Program (SASP) to fund direct services for sexual assault victims, and broadening the rural program to include sexual assault, child sexual assault, and stalking. VAWA also expands eligibility to rural communities who do not receive funding because they are in an urban state. Additionally, there are provisions for services and programs for elder and disabled women who are victims of domestic violence and sexual assault, and for upgrading the capabilities of the National Domestic Violence Hotline.

 

References:

1. The National Task Force to End Sexual and Domestic Violence Against Women, "The Violence Against Women Act: 10 Years of Progress and Moving Forward", http://www.vawa2005.org/history.pdf.

2. The King Amendment, part of this title, was excluded from VAWA because of heavy opposition. The amendment would have banned U.S. citizens or permanent residents who were convicted of domestic violence or abuse from sponsoring family immigrants for permanent residency.

 

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