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Analysis of Violence Against Women Act (VAWA)

Asheley L. Macci

Department of Social Work, Limestone College

SW 204: Social Welfare programs and Policy

Professor Beth Hyatt

April 26, 2020

VAWA Policy

In 1994 Congress enacted the Violence Against Women Act (VAWA) to address and

combat crimes that were connected within various degrees of violence, primarily for women.

Drafting the 1994 bill took several years to pass due to the controversial nature within the

judicial organization. Chief Justice William Rehnquist led the opposition against VAWA in the

idea that private civil rights disputes would flood the federal court system. The National

Association of Women Judges (NAWJ) helped to revise the Act so it would meet guidelines that

were of concerns for other officials. When the bill passed with large bipartisan support,

advocates had nearly everything they wanted (Legal Momentum, 2020).

The types of crimes that were recognized as being high risk for victimization concerns

were domestic violence, dating violence, stalking, and sexual assault. VAWA was also

connected with another policy to confront the increased violence within society. This policy was

the Violent Crime Control and Law Enforcement Act of 1994 (Legal Momentum, 2020). The

Violence Against Women Act allowed the justice system to prosecute repeat offenders through

extending their sentencings and compensation to victims. This Act also allowed states to receive

federal funds to enhance investigations and prosecutions towards individuals who commit these

violent crimes (Sacco, 2019).

Since 1994, VAWA has been reenacted 3 more times with additional provisions to

address the violent crime concerns. The latest reauthorization of VAWA was in 2013 when

Former President Obama was in Office. This reauthorization approved nearly all programs

implemented through VAWA and also made modifications to the Trafficking Victims Protection

Act of 2000. The modification included “enhanced measures to combat trafficking in persons

and amended VAWA grant purpose areas to include sex trafficking” (Sacco, 2019). Also,
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Native American Indian tribes were given the ability to enforce punishment to those who commit

related violent crimes, while also providing them with grant programs to combat the cycle of

domestic violence. The Violence Against Women Reauthorization Act of 2013 also addresses

the nation’s rape kit backlogs, which corresponds with receiving justice and accountability for

achieving redemption for victims of violence (RAINN, 2020).

The Social Problem

Since the 1960’s violent crimes against women have increased at an uneasy pace,

concerning society and law makers to force a change throughout humanity. The response to that

change was a collaborative effort by all organizations throughout society to educate and

recognize violent crimes. By the 1970’s, awareness for violent crimes had increase throughout

communities. Spousal or family abuse wasn’t simply considered a private family issue any

longer (Sacco, 2019).

Over several decades of enduring violent crimes against women, in 1984 the Family

Violence Prevention and Services Act (FVPSA, P.L. 98-457) was enacted by Congress and

Former President Ronald Reagan (Sacco, 2019). This was the first legal step in providing

assistance to women and children throughout every state. The FVPSA was able to provide abuse

victims with sense of security and protection understanding there was an escape and they weren’t

forced to suffer the violence. One of the 4 main types of abuse covered under VAWA is

stalking. Stalking usually leads to victims attaining a restraining order against his/her offender.

There are many stories where women have had complications attaining a restraining order, or

worse, they receive a restraining order and it provides little to no protection from their abuser.

“About 11% of 231 women killed by male intimates had been issued a restraining order, and

one-fifth of the female intimate partner homicide victims who had a restraining order were killed
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within 2 days of the order being issued: about one-third were killed within a month” (Vittes &

Sorenson, 2008).

Among other provisions the Violence Against Women Act has produced, immigration

was addressed as a major social concern as well. Immigration Act of 1990 along with the

development of VAWA congruently addresses violence suffered by foreign nationals. Some of

the benefits included a stay protection for aliens and their children who were originally

sponsored by their abusive spouse. This gave victims independence to unshackle from their

abuser without fear of deportation. “Since the Immigration Act of 1990, VAWA has added

through Congress the Battered Immigrant Women Protection Act of 2000” (Kandel, 2012). This

allowed various aspects of protection for abused foreign nationals.

Within the immigration provisions of VAWA, there are concerns for judicial officials.

One of the concerns is based on the question of whether adequate support is given to immigrant

victims to maintain an independent foundation from their abuser. The second concern is whether

VAWA is used to facilitate immigrants to take advantage of the system and commit marriage

fraud, or other forms of dishonesty. The evidence used to support abuse have moderate rules,

creating a hazardous situation for citizenship and deception (Kandel, 2012).

VAWA’s Impact

VAWA has had a widespread impact, improving services for stalking victims, battered

immigrants, domestic violence, and sexual assault. Every time VAWA has been reauthorized, the

provisions to improve upon the initial policies have been enhanced. As our society advances and

technology becomes more innovative, adjustments are essential for improving protection and

punishment throughout. One of the many improvements has included new provisions to

prosecute stalkers who use electronic devices to monitor their victim’s movements. Through
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GPS, social media sites, and various other electronic tracking devices, society is increasingly

susceptible to becoming victims of stalking. According to Hogan, stalking by a stranger has

affected 1 in 5 women. Similarly, 1 in 3 have been stalked by either someone they know, or a

stranger (Hogan, 2018). VAWA has not only increased lawful action against stalking but has

provided grants aimed towards prevention and training.

Through the Violence Against Women Act and corresponding National Violence Against

Women Survey, the National Institute of Justice (NIJ) is able to provide evidence through

surveys conducted in every state regarding anti-stalking laws. Outlined within VAWA’s

“Subtitle F”, the Attorney General is instructed to provide Congress data regarding “existing or

proposed State laws and penalties for stalking crimes against children” (Robinson, 1998).

According to Robinson (1998), the surge in stalking cases being reported to law enforcement

have been a direct result of the “enactment of State laws.” The annual report to Congress not

only reflects information concerning stalking, but domestic violence as well.

Individuals who have suffered from domestic violence and fled from their home, no

longer have to return back to acquire custody orders for their children. This provision is

especially beneficial for individuals who have fled in fear for their safety, and the safety of their

children. Since the 1994 VAWA act, billions of dollars have been used in addressing domestic

violence among other forms of violence. “Through the STOP (Services Training Officers and

Prosecutors) Formula Grant Program, from 1995 to 2000, an excess of $440 million was

awarded to support 9,000 projects that address intimate partner violence” (Modi & Palmer &

Armstrong, 2014). As violence against women/men and children continue to be an undeniable

issue facing society, policymakers combined with enormous support throughout society will

adjust and overcome.

Conclusion

The effectiveness of Violence Against Women Act is evident through local, state, and

national laws that are altering programs to focus on evolving issues. Corporations and

neighborhoods are responding and reacting in addressing victims’ needs. Social workers are also

impacted through VAWA’s services in multiple ways. The reauthorization provides education

and training to “victim advocates, health professionals, law enforcement, prosecutors and

judges”, so they may be adequately helpful when responding to afflicted victims (Legal

Momentum, 2020). As of 10 April 2019, the reauthorization has passed the House of

Representatives, has been read twice and placed on the calendar to be enacted through Congress

(Johnson, 2019). The requested appropriations on behalf of VAWA programs for 2019 have

expired, though the proposed 2020 amount requested was “492.5 million, a 1% decrease” from

previous year (Johnson, 2019).

VAWA of 2019 would address many issues discovered through trial and error of

previous Acts. Also, it would reauthorize funding for many new programs and existing

programs. One of the controversial issues within the reauthorization Act of 2019 (H.R. 1585), is

addressing firearms. Firearms raise a considerable amount of concern for households where

domestic violence is prevalent. In adding this provision, it addresses the concerns faced by

society, but bump heads with pro-gun law makers (Johnson, 2019). Victims and survivors of

violent crimes deserve protection and to know someone is held accountable. With the enacted

comprehensive approach of this policy, the main goal was to not only be reactive with violent

crimes, but proactive for the sanctity of humanity.

References

Hogan, P. (2018, March 28). USA: Three Stalking Survivors Share Their Stories. Retrieved

April 25, 2020, from http://www.stopstreetharassment.org/2018/03/3stalkingstories/

Johnson, C. (2019, April 10). Text - H.R.1585 - 116th Congress (2019-2020): Violence Against

Women Reauthorization Act of 2019. Retrieved April 25, 2020, from

https://www.congress.gov/bill/116th-congress/house-bill/1585/text

Kandel, W. A. (2012). Immigration Provisions of the Violence Against Women Act

(VAWA). Congressional Research Service.

Legal Momentum. (n.d.). History of VAWA. Retrieved April 23, 2020, from

https://www.legalmomentum.org/history-vawa

Modi, M. N., Palmer, S., & Armstrong, A. (2014). The role of Violence Against Women Act in

addressing intimate partner violence: a public health issue. Journal of women's health

(2002), 23(3), 253–259. https://doi.org/10.1089/jwh.2013.4387

Robinson, L. (1998). Stalking and Domestic Violence: The Third Annual Report to Congress

Under the Violence Against Women Act. PsycEXTRA Dataset. doi:

10.1037/e521062006-001

The Rape Abuse and Incest National Network (RAINN. (2020). Addressing the Rape Kit

Backlog. Retrieved April 23, 2020, from https://www.rainn.org/articles/addressing-rape-

kit-backlog

Sacco, L. (2019, April 23). The Violence Against Women Act: Overview, Legislation, and

... Retrieved April 15, 2020, from https://fas.org/sgp/crs/misc/R42499.pdf

Vittes, K. A., & Sorenson, S. B. (2008). Restraining orders among victims of intimate partner

homicide. Injury Prevention, 14(3), 191–195. doi: 10.1136/ip.2007.017947