Saturday, March 12, 2022

VAWA and Supporting Black Families

The Violence Against Women Act reauthorization bill, S. 3623, was recently introduced in the U.S. Senate. Despite extensive media coverage of the problem of over-arrest of Black men, the Senate bill completely sidesteps the problem. The Coalition to End Domestic Violence calls on federal lawmakers to oppose the flawed VAWA bill.

The Centers for Disease Control reports that Black men are more likely than Black women to be victims of sexual violence, physical violence, and/or stalking, each year, and the Department of Justice documents that four out of five arrests of African-Americans for partner abuse are of men.

So Black men are more likely to be the victims of partner abuse. But inexplicably, Black men are also far more likely to be the person who is arrested.

The causes of these disparate effects are the mandatory arrest policies created by the Violence Against Women Act, and the VAWA-driven “predominant aggressor” policies that instruct police to arrest whichever person is bigger and stronger, not the person who initiated the violence.

Domestic violence cases in low-income communities are unique because the parties typically have an enduring bond of affection, and depend on each other for their bread-winning contributions, as well. So when a victim knows that police will not respect his or her wishes, he or she simply stops calling for help. Victims are rejecting the very system that ostensibly was set up to help them.

The over-arrest of Black men also has devastating effects on the Black family. Once a man has been arrested – even if he is later cleared on all charges -- he has a criminal record for the rest of his life. This affects the man’s job prospects, social standing, and family relationships.

And a Harvard University study found that mandatory arrest laws brought about a 54% increase in subsequent intimate partner homicides.

I had a chance to learn more in this interview with Lisa Scott, Family Law Attorney.

How does the Violence Against Women Act show that well-meaning bills can have unintended consequences? 

VAWA has become so bloated in its ever-expanding scope, trying to address every conceivable complaint by every interest group out there that wants federal money and federal recognition.  While the original VAWA was enacted with good intentions (and who wouldn’t be in favor of stopping violence against women?), it has gone far beyond stopping violence, to now include such vague and overbroad terms as coercive control behaviors and economic abuse.  These concepts can be stretched to cover almost any situation, leading to increases in false allegations by people using the laws for their own gain, and taking up resources meant to serve real victims. The more vague the allegations are, the less grounded they are in actual evidence, leading to more people being wrongly accused and losing their homes, children, and relationships.  The Act has no safeguards against abuse of the system, which guarantees increases in false claims.  People need to be aware that their tax dollars are being used to promote the agendas of certain groups that do not represent the best interests of most families, fathers, mothers, and children in our society. 

 

Why is it important for people to be aware of how the Act disproportionately affects certain communities? 

So people can stand up and demand that the provisions be non-biased, to ensure that every victim is treated fairly, and every person accused is afforded appropriate due process. 

 

What are some ways that people can support all victims of domestic violence, regardless of gender? 

The best way is to listen to each individual, and not judge someone just because of their gender, race, class or other group characteristic. Don’t assume someone cannot be a victim because of who they are.  Too many males have been ignored and not taken seriously when experiencing abuse (and even wrongfully accused and convicted of abuse by the other party). Their reports have been discounted by police, courts, and counselors, to the point that the victim even doubts himself.  If we are going to be successful in stopping abuse, we need to support all victims, not just politically correct ones. 

 

 

Data from:

Safety and Justice for All. New York, 2003, p. 17.

https://www.science.org/doi/10.1126/sciadv.abj6992

https://endtodv.org/black-men/

https://www.washingtonpost.com/national/florida-police-officers-charged-over-arrests-of-black-men/2021/08/02/d5c8269a-f1ad-11eb-bf80-e3877d9c5f06_story.html

https://www.nbcnews.com/news/nbcblk/arrested-traumatized-black-people-comes-police-encounters-rcna888

https://www.cdc.gov/violenceprevention/pdf/NISVS-StateReportBook.pdf

https://bjs.ojp.gov/content/pub/pdf/fvs.pdf  ,Table 5.9.

https://endtodv.org/pr/law-enforcement-needs-to-end-the-over-arrest-of-black-men-discontinue-use-of-predominant-aggressor-policies/

https://www.nber.org/papers/w13186<

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