Article by Monica Brown
Sections of the 18 year old Violence Against Women Act (VAWA), which was built from grassroots and Human rights efforts, were left to expire during the 112th Congress that adjourned without reauthorizing the entire VAWA. The failure of Congress to pass the updates VAWA is due to different political oppositions on sections of the Act they deem to be without need. While the Republican-sponsored House version favors the reduction of services to illegal immigrants and LGBT individuals they have also refused many revised drafts concerning tribal courts ability to prosecute non-natives after committing acts of violence on Native Americans.
In a letter to Majority leader Eric Cantor from the National Congress of Indian Americans (NCIA) stated,
“Tribal leaders viewed the draft as a construct that would bolster the ability of abusers to game the criminal justice system, the very problem we are now trying to solve. The system outlined in the proposed draft would make a dangerous system even worse.” The proposed draft requires case referral to the U.S. Attorney in order to be tried as a felony while the U.S. Attorney, which currently declines 67 percent of sexual abuse and related cases may decide to prosecute, an event that takes months, or to send the case back to Tribal courts as a misdemeanor – where the defendant can immediately remove the case back to the U.S. Attorney for a dismissal.
The VAWA would protect women and men from self governed tribal reservations who are attacked on the reservation from non-tribal member offenders. The Act would also protect immigrants and homosexuals from domestic violence. Within the Act services and programs provided are:
- Federal rape shield law limits a defendant’s ability to cross-examine rape complainants about their past sexual behavior. The term also refers to a law that prohibits the publication of the identity of an alleged rape victim.
- Community violence prevention programs
- Protections for female victims who are evicted from their homes because of events related to domestic violence or stalking
- Funding for female victim assistance services, like rape crisis centers and hotlines
- Programs to meet the needs of immigrant women and women of different races or ethnicities
- Programs and services for female victims with disabilities
- Legal aid for female survivors of violence
The 2005 version of VAWA is still in operation but the loopholes still leave many victims without a source of refuge or protection they can rely on. As the 113th Congress has been sworn in at the beginning of this year actions are being taken to draft a revised VAWA to be signed into place.