FYI on VAWA | Civil Rights Groups' Weigh in on VAWA + Amendments

Oppose the Grassley Substitute to VAWA (S.47): It weakens protections for victims of Domestic Violence
Dear Senator:
On behalf of The Leadership Conference on Civil and Human Rights, a coalition charged by its diverse membership of more than 210 national organizations to promote and protect the civil and human rights of all persons in the United States, we write to urge you to support S.47, the Violence Against Women Reauthorization Act of 2013 (VAWA), and to vote against Senator Grassley’s substitute, which would weaken this important legislation.

The Leadership Conference believes that the reauthorization of VAWA as introduced is critical for protecting the civil and human rights of all Americans to be free from domestic violence. These protections are especially important for immigrant women, women of color, and Native Americans, who experience the highest rates of domestic violence and sexual assault. Further, it is essential that these protections be extended to all instances of intimate partner violence, including violence involving lesbian, bisexual, gay, and transgender people (LBGT). In short, S.47 strengthens and expands services and protections for these communities.
The Leadership Conference opposes the Grassley substitute because it undercuts the purpose of S.47, which seeks to address significant gaps in current VAWA programs. Most troublesome are those provisions that weaken protections for immigrant women, Native Americans, and LGBT persons, as well as, unnecessarily impose mandatory minimum sentences. Currently, S. 47 provides the most appropriate means to remedy the needs of these underserved populations without the inclusion of mandatory minimum sentences and enjoys broad bipartisan support.
Protect Immigrant Women
While S.47 as introduced does not create any new immigration remedies, it does make modest, but important improvements to VAWA immigration protections already in current law. The Grassley substitute not only undermines these improvements but rolls back current law, for example, by requiring immigrants who self-petition for legal status to have an in-person interview and requiring as a condition of eligibility for the U-visa a strict time limit on reporting crimes. These proposals would have devastating consequences for immigrant victims, who would be cut off from VAWA protections, made to wait longer, face burdensome obstacles, and encourage greater risks and uncertainties as they try to escape a violent home.
Protect Native Americans
While domestic violence, dating violence, sexual assault, and stalking occur in all parts of the nation and affect people of all backgrounds, according to the Center for Disease Control, these forms of violence and harassment disproportionately affect Native Americans. A staggering 46 percent of American Indian or Alaska Native women and 45 percent of American Indian or Alaska Native men experience intimate-partner victimization.[1] S.47 addresses the crisis of domestic violence in tribal communities by strengthening legal protections for Native victims of domestic violence and sexual assault. Senator Cornyn and others have proposed language that would significantly weaken these protections. Moreover, The Leadership Conference believes this amendment raises significant constitutional issues that have not been carefully examined by the Senate Judiciary Committee or others. By contrast, the tribal provisions of S.47 have been thoroughly vetted by both the Senate Judiciary and Indian Affairs Committees and by the Department of Justice.
Protect Lesbian, Bisexual, Gay, and Transgender persons
The problem of domestic violence, dating violence, sexual assault and stalking is a critical issue in the LGBTQ community. According to the Center for Disease Control, survivors experience the same or higher rates of violence but are underserved and often are turned away from services because of their sexual orientation or gender identity.[2] The CDC found the following frequency for lifetime prevalence of intimate partner violence, including physical assault, rape or stalking: bisexual women (61%), lesbians (43.8%), bisexual men (37%), heterosexual women (35%), heterosexual men (29%), and gay men (26%).[3] Further, one study revealed more than 61% of LGBTQ survivors are turned away from domestic violence shelter and nearly a third are mis-arrested as the primary aggressor by local law enforcement. Fewer than 3% of all survivors sought orders of protection and fewer than 50% of all victims reported violence to the police.[4]
The Leadership Conference believes S.47 includes protections explicitly based on sexual orientation and gender identity to address the real, and underserved, needs of lesbian, gay, bisexual, transgender and queer (LGBTQ) victims of violence. The gender neutral language proposed in the Grassley substitute will not resolve the specific needs of LGBTQ survivors. LGBTQ survivors face distinct and specific barriers based on sexual orientation and gender identity, and not just their gender – and without this language, survivors of domestic violence will continue to go without services.
Oppose Mandatory Minimum Sentences
The Leadership Conference believes that including mandatory minimum sentencing provisions in S.47 would be unnecessary, inappropriate, and not cost effective. Studies have shown that mandatory minimum sentences not only exacerbate racial disparities in the criminal justice system, but also that they are ineffective as public safety mechanisms, as they increase the likelihood of recidivism.[5] Further, a recent report by the Congressional Research Service reveals that mandatory minimum prison terms are a principal driver of high prison populations and rising costs – an extraordinary burden to taxpayers.[6]
Mandatory minimums are also ineffective, counter-productive, and weaken our nation’s ability to prosecute perpetrators of violence and provide protections to victims. According to the National Task Force to End Sexual and Domestic violence, excessively long sentences often have the unintended consequences of deterring victims from reporting the crime to police. In situations of intimate partner violence, the victim may fear that the threat of a mandatory minimum sentence will result in the abuser plea bargaining to lesser offenses or non-sex offense crimes, creating an undue and imbalanced shifting of discretion from neutral judges to prosecutors. Further, because of the unique relationships between victims and perpetrators in domestic violence cases, many of the crimes will have complex facts and circumstances. As a result, it is extremely important that courts have the flexibility to exercise discretion in sentencing. This will ensure that the sentence is appropriate to the crime, the victim is kept safe, and the needs of the family are met.
Conclusion
For these reasons, as the Senate considers the reauthorization of VAWA, we urge you to oppose the adoption of Senator Grassley’s substitute to S.47, and especially amendments that would impose undue restrictions or weaken protections of the most underserved communities. We look forward to continuing to work with you on a strong federal response to domestic violence, dating violence, sexual assault, and stalking.
Sincerely,
Wade Henderson Nancy Zirkin
President and CEO Executive Vice President

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[1] Centers for Diseases Control and Prevention, National Center for Injury Prevention and Control, The National Intimate Partner and Sexual Violence Survey (NISVS): 2010 Findings on Victimization by Race or Ethnicity (January 2013). Available at http://www.cdc.gov/ViolencePrevention/pdf/NISVS_Report2010-a.pdf
[2] Centers for Diseases Control and Prevention, National Center for Injury Prevention and Control, The National Intimate Partner and Sexual Violence Survey (NISVS): 2010 Findings on Victimization by Sexual Orientation (January 2013). Available at http://www.cdc.gov/ViolencePrevention/pdf/NISVS_SOfindings.pdf
[3] Id
[4] National Coalition of Anti-Violence Programs, Lesbian, Gay, Bisexual, Transgender and Queer Intimate Partner Violence in the United States in 2011 (October 2012). Available at http://avp.org/storage/documents/Reports/2012_NCAVP_2011_IPV_Report.pdf  
[5] Barbara S. Vincent and Paul J. Hofer, “The Consequences of Mandatory Minimum Prison Terms: A Summary of Recent Findings,” (Federal Judicial Center, 1994), available at http://www.fjc.gov/public/pdf.nsf/lookup/conmanmin.pdf/$file/conmanmin.pdf.

[6]Congressional Research Service, The Federal Prison Population Buildup: Overview, Policy Changes, Issues, and Options (Jan. 22, 2013), available at http://www.fas.org/sgp/crs/mis .

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February 7, 2013
Oppose the Cornyn Amendment to VAWA (S. 47): It weakens protections for Native Americans
Dear Senator:
On behalf of The Leadership Conference on Civil and Human Rights, a coalition charged by its diverse membership of more than 210 national organizations to promote and protect the civil and human rights of all persons in the United States, we write to urge you to support S.47, the Violence Against Women Reauthorization Act of 2013 (VAWA), and to vote against the Cornyn amendment which would weaken protections for Native Americans.
The Leadership Conference believes that the reauthorization of VAWA as introduced is critical for protecting the civil and human rights of all Americans to be free from domestic violence. These protections are especially important for Native Americans, who experience the highest rates of domestic violence and sexual assault. While domestic violence, dating violence, sexual assault, and stalking occur in all parts of the nation and affect people of all backgrounds, according to the Center for Disease Control, these forms of violence and harassment disproportionately affect Native Americans. A staggering 46 percent of American Indian or Alaska Native women and 45 percent of American Indian or Alaska Native men experience intimate-partner victimization.[1]
S.47 addresses the crisis of domestic violence in tribal communities by strengthening legal protections for Native victims of domestic violence and sexual assault. Senator Cornyn and others have proposed language that would significantly weaken these protections. Moreover, The Leadership Conference believes this amendment raises significant constitutional issues that have not been carefully examined by the Senate Judiciary Committee or others. By contrast, the tribal provisions of S.47 have been thoroughly vetted by both the Senate Judiciary and Indian Affairs Committees and by the Department of Justice.
For these reasons, as the Senate considers S.47, we urge you to oppose the adoption of the Cornyn amendment to the bill, which would weaken protections for Native Americans. By opposing this amendment, Congress can ensure a strong federal response to domestic violence, dating violence, sexual assault and stalking.
Sincerely,
Wade Henderson Nancy Zirkin
President & CEO Executive Vice President

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[1] Centers for Diseases Control and Prevention, National Center for Injury Prevention and Control, The National Intimate Partner and Sexual Violence Survey (NISVS): 2010 Findings on Victimization by Race or Ethnicity (January 2013). Available at http://www.cdc.gov/ViolencePrevention/pdf/NISVS_Report2010-a.pdf
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February 4, 2013
VOTE YES on S. 47 | Support S.47, “The Violence Against Women Reauthorization Act of 1994,” and Oppose All Amendments
Dear Senator:
On behalf of The Leadership Conference on Civil and Human Rights, a coalition charged by its diverse membership of more than 210 national organizations to promote and protect the civil and human rights of all persons in the United States, we urge you to support S.47, the Violence Against Women Reauthorization Act of 2013 (VAWA), and to vote against any amendments that would weaken this important legislation, including any amendments to impose mandatory minimum sentences for aggravated sexual abuse.
The Leadership Conference believes that the reauthorization of VAWA is critical for protecting the civil and human rights of American women to be free from domestic violence. These protections are especially important for women of color and Native American women, who experience the highest rates of domestic violence and sexual assault. Further, it is essential that these protections be extended to all instances of intimate partner violence, including for gay, lesbian, bisexual and transgender people. In short, S. 47 would strengthen our nation’s ability to prosecute perpetrators of violence and provide protections to all victims.
While domestic violence, dating violence, sexual assault, and stalking occur in all parts of the nation and affect people of all backgrounds, according to the Centers for Disease Control and Prevention, these forms of violence and harassment disproportionately affect the communities represented by The Leadership Conference. For example, 37 percent of Hispanic women are victims; 43 percent of African-American women and 38 percent of African-American men are victims; and a staggering 46 percent of American Indian or Alaska Native women and 45 percent of American Indian or Alaska Native men experience intimate-partner victimization.[1]
VAWA-funded programs have dramatically improved the national response to domestic violence, dating violence, sexual assault, and stalking. The annual incidence of domestic violence has decreased by more than 53 percent since VAWA became law in 1994 and reporting by victims has also increased by 51 percent. Not only do these comprehensive programs save lives, they also save money. In its first six years, VAWA saved $12.6 billion in net averted social costs.
Yet, as law enforcement officers, service providers, and health care professionals have acknowledged, even with the successes of the current VAWA programs, there are significant gaps in current VAWA programs which, if addressed, could have a significant impact on diminishing the incidences of domestic violence in the United States. S.47 helps address these concerns by strengthening services for minority communities and expanding protections for underserved communities to include lesbian, gay, bisexual and transgender people. Further, S.47 addresses the crisis of violence against women in tribal communities by strengthening legal protections for Native victims of domestic violence and sexual assault. S.47 also includes important improvements to VAWA protections for immigrant victims. In addition, the bill provides new tools and training to prevent domestic violence homicides.
VAWA has provided for a coordinated approach, improving collaboration between law enforcement and victim services providers and supporting community-based responses and direct services for victims. As a result, victims’ needs have been better met, perpetrators have been held accountable, communities have become safer, and progress has been made toward breaking the cycle and culture of violence within families. Without question, VAWA reauthorization is the key to ensuring that victims and survivors of violence have continued access to these critical services.
We look forward to working with you to swiftly adopt, without any weakening amendments S.47, the Violence Against Women Reauthorization Act, and continue a strong federal response to domestic violence, dating violence, sexual assault, and stalking.
• 9to5
• AFL-CIO
• AIDS United
• Alaska Federation of Natives
• American Association of People with Disabilities (AAPD)
• American Association of University Women (AAUW)
• American Federation of Government Employees, AFL-CIO
• American Federation of State, County and Municipal Employees (AFSCME), AFL-CIO
• American Federation of Teachers, AFL-CIO
• American-Arab Anti-Discrimination Committee (ADC)
• Anti-Defamation League
• Asian American Justice Center, Member of Asian American Center for Advancing Justice
• Asian Pacific American Labor Alliance
• Asian Pacific American Legal Center, a member of the Asian American Center for Advancing Justice
• Association of Flight Attendants - CWA
• Association of Jewish Family & Children’s Agencies
• Center for Women's Global Leadership
• Center for Women Policy Studies
• CenterLink: The Community of LGBT Centers
• Coalition on Human Needs
• Communications Workers of America
• Disability Rights Education and Defense Fund (DREDF)
• Disciples Home Missions & Family and Children's Ministries of the Christian Church (Disciples of Christ)
• Family Equality Council
• Friends Committee on National Legislation
• Gay, Lesbian & Straight Education Network (GLSEN)
• GetEQUAL
• GlobalSolutions.org
• Hip Hop Caucus
• Human Rights Campaign
• Institute for Science and Human Values, Inc.
• International Center for Research on Women
• Jewish Council for Public Affairs
• Jewish Women International
• LatinoJustice PRLDEF
• The Leadership Conference on Civil and Human Rights
• League of United Latin American Citizens (LULAC)
• Log Cabin Republicans
• Maryknoll Sisters
• NAACP
• National Association of Human Rights Workers (NAHRW)
• National Association of Social Workers
• National Bar Association
• National Black Justice Coalition
• National Center for Lesbian Rights
• National Center for Transgender Equality
• National Coalition for Asian Pacific American Community Development
• National Community Reinvestment Coalition
• National Congress of American Indians
• National Council of Jewish Women (NCJW)
• National Council on Independent Living
• National Education Association
• National Employment Law Project
• National Fair Housing Alliance
• National Gay and Lesbian Task Force Action Fund
• National Health Law Program
• National Immigration Law Center
• National Latina Institute for Reproductive Health
• National Law Center on Homelessness & Poverty
• National Legal Aid and Defender Association
• National Low Income Housing Coalition
• National Partnership for Women & Families
• National Urban League
• National Women’s Law Center
• People For the American Way
• Planned Parenthood Federation of America
• Presbyterian Church (U.S.A.)
• Refugee Women’s Network
• Sealaska Heritage Institute
• The Sentencing Project
• Southern Poverty Law Center
• Transgender Law Center
• Union for Reform Judaism
• United Church of Christ, Justice and Witness Ministries
• United Food and Commercial Workers International Union (UFCW)
• US National Committee for UN Women
• Women of Reform Judaism
• Women’s Environment and Development Organization (WEDO)
• Women’s International League for Peace and Freedom, U.S. Section
• The Woodhull Sexual Freedom Alliance

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[1] http://www.cdc.gov/ViolencePrevention/pdf/NISVS_Report2010-a.pdf