Reimagining VAWA: Why Criminalization Is a Failed Policy and What a Non-Carceral VAWA Could Look Like

2020 ◽  
Vol 27 (1) ◽  
pp. 84-101
Author(s):  
Leigh Goodmark

The Violence Against Women Act (VAWA) is the signature federal legislative accomplishment of the anti-violence movement and has ensured that criminalization is the primary response to intimate partner violence in the United States. But at the time of its passage, some anti-violence activists, particularly women of color, warned that criminalization would be problematic for a number of reasons, a caution that has borne fruit in the 25 years since VAWA’s passage. This article critiques the effectiveness of criminalization as anti-domestic violence policy and imagines what a non-carceral VAWA could look like.

Author(s):  
Lorenn Walker ◽  
Cheri Tarutani

Opposition to using restorative justice to address violence against women mainly concerns the fear that women will be re-victimized if they engage with men who endangered them. While law enforcement and criminal justice approaches are necessary to address violence against women, women's choices about when and how to use law enforcement and prosecution to address violence against them, should be respected. Exclusive criminalization of violence against women has not protected many and has further harmed marginalized and Black people. To address intimate partner violence, victims' needs for healing must be met including when the victim-offender overlap applies and an offender is also a victim. Ignoring healing perpetuates violence. Applying restorative justice and its foundational questions, during direct meetings between victims and offenders, or when they meet separately, can address the victim-offender overlap, reduce reliance on punishment, and increase healing.


2018 ◽  
Vol 24 (13) ◽  
pp. 1540-1556 ◽  
Author(s):  
Nadine Shaanta Murshid ◽  
Elizabeth A. Bowen

Immigrant women in the United States are among the groups disproportionately affected by intimate partner violence (IPV). Undocumented immigrants generally have fewer resources for coping with violence and may experience a range of personal, cultural, and immigration status–related barriers to reporting violence and accessing help. Thus, undocumented immigrant victims of IPV could benefit significantly from policies that promote access to trauma-informed services and legal options. This article applies a trauma-informed policy analysis framework to the Violence Against Women Act’s immigration protections to demonstrate how the Act’s U-Visa provisions and implementation practices could be improved by incorporating trauma-informed principles of trustworthiness and transparency, empowerment, choice, safety, collaboration, and intersectionality.


2007 ◽  
Vol 12 (1) ◽  
pp. 54-61 ◽  
Author(s):  
Marisa L. Beeble ◽  
Deborah Bybee ◽  
Cris M. Sullivan

While research has found that millions of children in the United States are exposed to their mothers being battered, and that many are themselves abused as well, little is known about the ways in which children are used by abusers to manipulate or harm their mothers. Anecdotal evidence suggests that perpetrators use children in a variety of ways to control and harm women; however, no studies to date have empirically examined the extent of this occurring. Therefore, the current study examined the extent to which survivors of abuse experienced this, as well as the conditions under which it occurred. Interviews were conducted with 156 women who had experienced recent intimate partner violence. Each of these women had at least one child between the ages of 5 and 12. Most women (88%) reported that their assailants had used their children against them in varying ways. Multiple variables were found to be related to this occurring, including the relationship between the assailant and the children, the extent of physical and emotional abuse used by the abuser against the woman, and the assailant's court-ordered visitation status. Findings point toward the complex situational conditions by which assailants use the children of their partners or ex-partners to continue the abuse, and the need for a great deal more research in this area.


2021 ◽  
pp. 088626052199745
Author(s):  
Rob Stephenson ◽  
Tanaka M.D. Chavanduka ◽  
Matthew T. Rosso ◽  
Stephen P. Sullivan ◽  
Renée A. Pitter ◽  
...  

Stay at home orders–intended to reduce the spread of COVID-19 by limiting social contact–have forced people to remain in their homes. The additional stressors created by the need to stay home and socially isolate may act as triggers to intimate partner violence (IPV). In this article, we present data from a recent online cross-sectional survey with gay, bisexual and other men who have sex with men (GBMSM) in the United States to illustrate changes in IPV risks that have occurred during the U.S. COVID-19 epidemic. The Love and Sex in the Time of COVID-19 survey was conducted online from April to May 2020. GBMSM were recruited through paid banner advertisements featured on social networking platforms, recruiting a sample size of 696 GBMSM. Analysis considers changes in victimization and perpetration of IPV during the 3 months prior to the survey (March-May 2020) that represents the first 3 months of lockdown during the COVID-19 epidemic. During the period March-May 2020, 12.6% of participants reported experiencing any IPV with higher rates of emotional IPV (10.3%) than sexual (2.2%) or physical (1.8%) IPV. Of those who reported IPV victimization during lockdown, for almost half this was their first time experience: 5.3% reported the IPV they experienced happened for the first time during the past 3 months (0.8% physical, 2.13% sexual, and 3.3% emotional). Reporting of perpetration of IPV during lockdown was lower: only 6% reported perpetrating any IPV, with perpetration rates of 1.5% for physical, 0.5% for sexual, and 5.3% for emotional IPV. Of those who reported perpetration of IPV during lockdown, very small percentages reported that this was the first time they had perpetrated IPV: 0.9% for any IPV (0.2% physical, 0.2% sexual, and 0.6% emotional). The results illustrate an increased need for IPV resources for GBMSM during these times of increased stress and uncertainty, and the need to find models of resource and service delivery that can work inside of social distancing guidelines while protecting the confidentiality and safety of those who are experiencing IPV.


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