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Showing posts with label VAWA. Show all posts
Showing posts with label VAWA. Show all posts

You've got some VAWA on your Obamacare

From Obamacare...
SEC. 10212. ESTABLISHMENT OF PREGNANCY ASSISTANCE FUND.
(a) In General- The Secretary, in collaboration and coordination with the Secretary of Education (as appropriate), shall establish a Pregnancy Assistance Fund to be administered by the Secretary, for the purpose of awarding competitive grants to States to assist pregnant and parenting teens and women.
(b) Use of Fund- A State may apply for a grant under subsection (a) to carry out any activities provided for in section 10213.

SEC. 10213. PERMISSIBLE USES OF FUND.
(d) Improving Services for Pregnant Women Who Are Victims of Domestic Violence, Sexual Violence, Sexual Assault, and Stalking-
(1) IN GENERAL- A State may use amounts received under a grant under section 10212 to make funding available to its State Attorney General to assist Statewide offices in providing--
(A) intervention services, accompaniment, and supportive social services for eligible pregnant women who are victims of domestic violence, sexual violence, sexual assault, or stalking.
(B) technical assistance and training (as described in subsection (c)) relating to violence against eligible pregnant women to be made available to the following:
(i) Federal, State, tribal, territorial, and local governments, law enforcement agencies, and courts.
(ii) Professionals working in legal, social service, and health care settings.
(iii) Nonprofit organizations.
(iv) Faith-based organizations.
(2) ELIGIBILITY- To be eligible for a grant under paragraph (1), a State Attorney General shall submit an application to the designated State agency at such time, in such manner, and containing such information, as specified by the State.
(3) TECHNICAL ASSISTANCE AND TRAINING DESCRIBED- For purposes of paragraph (1)(B), technical assistance and training is--
(A) the identification of eligible pregnant women experiencing domestic violence, sexual violence, sexual assault, or stalking;
(B) the assessment of the immediate and short-term safety of such a pregnant woman, the evaluation of the impact of the violence or stalking on the pregnant woman's health, and the assistance of the pregnant woman in developing a plan aimed at preventing further domestic violence, sexual violence, sexual assault, or stalking, as appropriate;
(C) the maintenance of complete medical or forensic records that include the documentation of any examination, treatment given, and referrals made, recording the location and nature of the pregnant woman's injuries, and the establishment of mechanisms to ensure the privacy and confidentiality of those medical records; and
(D) the identification and referral of the pregnant woman to appropriate public and private nonprofit entities that provide intervention services, accompaniment, and supportive social services.
(4) ELIGIBLE PREGNANT WOMAN- In this subsection, the term `eligible pregnant woman' means any woman who is pregnant on the date on which such woman becomes a victim of domestic violence, sexual violence, sexual assault, or stalking or who was pregnant during the one-year period before such date.
(e) Public Awareness and Education- A State may use amounts received under a grant under section 10212 to make funding available to increase public awareness and education concerning any services available to pregnant and parenting teens and women under this part, or any other resources available to pregnant and parenting women in keeping with the intent and purposes of this part. The State shall be responsible for setting guidelines or limits as to how much of funding may be utilized for public awareness and education in any funding award.

In other words, finding evidence of abuse in pregnant women, and referring pregnant women to agencies specializing in handling abuse cases, will earn federal dollars for medical facilities.
So what happens when that's applied to the hospital environment?


From Hospitals: The cost of admission, aired Dec. 2, 2012:
Health Management Associates owns 70 hospitals in 15 states. It's thrived buying small, struggling hospitals in non-urban areas, turning them into profit centers by filling empty beds. Generally speaking, the more patients a hospital admits, the more money it can make, a business strategy that HMA has aggressively pursued.
Steve Kroft: Did you feel the hospital was putting pressure on doctors to admit people?
Nancy Alford: Yes.
Steve Kroft: For what reason?
Nancy Alford: Money.
Steve Kroft: You're sure of that?
Nancy Alford: Uh-huh (affirm).
Until she was fired, Nancy Alford was director of case management at the HMA hospital in Mesquite, Texas, where she oversaw the auditing of patient records and signed off on the accuracy of bills sent to Medicare and Medicaid. She'd never met former HMA doctors Jeff Hamby, Cliff Cloonan, and Scott Rankin until we brought them together in New York to discuss their experiences at HMA.
Scott Rankin: What's really remarkable is we're from very different areas of the country. Yet, the pressures placed upon the emergency physicians and the mechanism in place to enforce those procedures and policies, exactly the same.
Cliff Cloonan is a retired colonel who spent 21 years as an Army doctor before joining the Carlisle Regional Medical Center in Pennsylvania as the assistant emergency room director. Dr. Scott Rankin worked in the same department. Both say they were told by HMA and its ER staffing contractor, EmCare, that if they didn't start admitting more patients to the hospital, they would lose their jobs.

We've seen how federal incentives effect the level of honesty in efforts to assign and collect child support at the state level, and we've seen how federal funding incentives have effected law enforcement, court systems, and the domestic violence victim's advocacy industry. Now, there's an incentive for medical facilities to find domestic violence victims to serve that is similar to the incentive offered to law enforcement and the courts to find domestic violence victims to protect. How long will it take before hospital administrators start pressuring doctors to "see" abuse where abuse is not present?

Interesting reply from Sharrod Brown (TBC)

Dear Mrs. XXXX:
 
Thank you for getting in touch with my office in the United States Senate. I appreciate hearing from my constituents.  
 
I have passed your concerns along to the legislative assistant in my office who monitors judicial issues. I will keep your thoughts in mind. If you require any other assistance, please call my office at 202-224-2315. Thank you again for being in touch with me.
 

This must be in reply to my reply to the standard letter I got back from Sen. Brown in response to my letter regarding VAWA, as I noted in my reply to that standard letter that it didn't address anything I'd written in my letter.

I think that in the future, a phone call will be in order, but not until I get an answer back on a Freedom Of Information Act Request I've made (details forthcoming when I have more of an idea whether it's just taking extra time due to the nature of my request, or whether I'm being given the runaround by the agency I've contacted.) The information I've requested is related to the discussion, and if I can get that prior to making the call it will be very helpful in making some of the points I need to make.

The bottom line: At this time, the saga of Gloria Sass and the Chamber of Senate stands at the status of To Be Continued.

Dear Princess Butthurt of Femitopia


...they never gave up on me...

That's the point - these organizations continue to support accusers even after being presented with conclusive evidence that the accusations are, in fact, false. Under the Violence Against Women Act's guidelines, it is virtually impossible to obtain an acquittal for a male defendant in a domestic abuse case, as these cases are heard on a guilty-until-proven-innocent standard. In order to do so, one must have concrete, irrefutable evidence against the accusations involved, such as a demonstrable alibi proving his absence from the location of the alleged incident. In order to do so repeatedly, one must maintain constant, vigilant documentation of one's whereabouts and activities. For a case to continue over a period of years, with repeated accusations found meritless due to that level of documentation, supporters of the accuser must be willing to ignore her lack of credibility, and to accept the act of attempting to obtain a domestic abuse conviction against an innocent defendant.

That these agencies and the advocates associated with them are willing to support female false accusers even after seeing concrete evidence that their case has no merit is reprehensible, and a clear demonstration of the anti-male sexism inherent in the system.

Here, we have a clear example of the type of person being supported in such cases; an individual so obsessed with her perceived enemies that she has has spent over a year stalking one of her opponent's witnesses, and petitioned organizations to assist her in silencing speech which she does not approve, even when she is not a direct target.

My answer?

Tough shit, Princess Butthurt of Femitopia. Your delicate sensibilities are not my problem.

If your advocacy cannot hold up against criticism from an obscure Google blogger, you might want to consider the fact that your position is unsupported by reality. Beyond that, if you're so obsessed that you find yourself stalking an individual to the point of inviting others into your personal vendetta, I suggest discussing your obsession with a shrink, pronto. Such behavior is not the product of a healthy mind.

Sharrod Brown's Answer to my letter on the topic of VAWA

From Senator Sharrod Brown's auto-replier (and it MUST be an auto-reply, because if anyone on his staff had read the letter I sent, they'd know this reply doesn't answer what I wrote at all.)

Dear Mrs. XXXX:

Thank you for sharing your concerns about the Violence Against Women Act (VAWA).
Nearly one in four women will experience domestic violence. VAWA was enacted in 1994 after a long campaign to impose national criminal sanctions against those who commit violent acts against women, including sexual assault, domestic violence, and stalking.
For nearly two decades, VAWA has played a crucial role in efforts to empower women, promote safe family environments, and raise awareness about domestic violence, predatory behavior, and sexual assault. Unfortunately, VAWA was allowed to expire in September of 2011.
On February 12, 2013, the Senate passed bipartisan legislation to reauthorize VAWA through 2018. The Senate-passed bill, which I co-sponsored, takes new steps to protect America’s women. In addition to reauthorizing funds to combat domestic violence, dating violence, and sexual assault, the Senate-passed bill also includes protections for LGBT victims, immigrant victims, and Native American women who are victims of violence committed on tribal lands from men who are not tribal land residents.
This reauthorization bill also renews the Trafficking Victims Protection Act to prevent and prosecute human trafficking and help victims of human trafficking across the country. Additionally, I supported an amendment that enhance protections for child victims of sex trafficking.
I am hopeful that the House will now take vote to pass the Senate-passed bill so that domestic violence and sex trafficking victims across the country can again find relief and prosecute their abusers. Should proposals on the Violence Against Women Act come before the Senate, I will keep your thoughts in mind. Thank you again for getting in touch with me.
                         Sincerely,
              
                         Sherrod Brown
                         United States Senator


You have to be kidding me. Did anyone in his office even read the letter? I wrote about a man going through false allegations at the hands of his malicious, psychotic ex, facilitated by the very law he's bragging about helping to get passed. Maybe his staffers just saw "Mrs" and didn't even bother reading beyond that. Certainly they didn't read my description of my friend's case. They definitely didn't read the copy of SAVE's brief, and they surely didn't read my explanation as to how enacting those changes could have spared my friend's experience.

For two decades, VAWA has enabled predatory women to use the legal system to extort money and property from their significant others. By providing financial and legal incentives for women to file false charges, the law has made use of the domestic violence victim's advocacy system a tool for women in custody and property disputes in conjunction with the choice to end any cohabitant relationship.

I've seen the results of that flawed system, as it was used against close friends of mine, and even against my own husband when his first wife wanted him out of the home. VAWA is not a law designed to protect victims of abuse from their abusers. It is a law designed to make it easy for women to accuse with credibility, and to obtain conviction without facing the burden of proof.

The law is biased against men, and filled with incentives for the entire system to push men through from arrest to imprisonment regardless of the circumstances. The most recent version expands the definitions of some offenses beyond anything sensible, to the point of outlawing being considered annoying. The idea that women are so delicate, so helpless that we cannot even handle being annoyed online is demeaning. The fact that the law, which uses gender-specific wording to indicate a focus on male perpetrators and female victims, had to be altered so that it now penalizes annoying women online shows that our government thinks less of us than of men. Perhaps, when it comes to discussion, men can handle themselves, but women must be protected from even suffering the indignity of an argument.

Perhaps the U.S. Senate thinks our delicate minds cannot handle men's vicious and brutal intellect.

Perhaps the rhetoric isn't so much an attempt at showing a pro-woman attitude as an accidental betrayal of a willingness to sacrifice men for votes.

VAWA and stalking

Here's an example of one of the fundamental flaws in the current incarnation of VAWA: broad terms which encompass more than violence in their definitions. In its provisions on stalking, the bill treats upsetting someone as an act of violence... even when it occurs online, with no limit as to how and where this stipulation may apply.

Text from stalking section as listed on LLI, since Congress's THOMAS system doesn't work
(I've made pertinent segments bold for emphasis.)

Sec. 2261A. Stalking

Whoever--
(1) travels in interstate or foreign commerce or is present within the special maritime and territorial jurisdiction of the United States, or enters or leaves Indian country, with the intent to kill, injure, harass, intimidate, or place under surveillance with intent to kill, injure, harass, or intimidate another person, and in the course of, or as a result of, such travel or presence engages in conduct that--
(A) places that person in reasonable fear of the death of, or serious bodily injury to--
(i) that person;
(ii) an immediate family member (as defined in section 115) of that person; or
(iii) a spouse or intimate partner of that person; or
(B) causes, attempts to cause, or would be reasonably expected to cause substantial emotional distress to a person described in clause (i), (ii), or (iii) of subparagraph (A); or
(2) with the intent to kill, injure, harass, intimidate, or place under surveillance with intent to kill, injure, harass, or intimidate another person, uses the mail, any interactive computer service or electronic communication service or electronic communication system of interstate commerce, or any other facility of interstate or foreign commerce to engage in a course of conduct that--
(A) places that person in reasonable fear of the death of or serious bodily injury to a person described in clause (i), (ii), or (iii) of paragraph (1)(A); or

(B) causes, attempts to cause, or would be reasonably expected to cause substantial emotional distress to a person described in clause (i), (ii), or (iii) of paragraph (1)(A), shall be punished as provided in section 2261(b) of this title.'.

(c) Interstate Violation of Protection Order- Section 2262(a)(2) of title 18, United States Code, is amended by inserting 'is present' after 'Indian Country or'.
Looking up the legal definition of harassment (unwanted, unwelcomed and uninvited behavior that demeans, threatens or offends the victim and results in a hostile environment for the victim) will tell you that to be meet that definition, an individual claiming to be a victim merely has to establish that 1) the accuser objected to the behavior, 2) the accused didn't stop.

U.S. Legal's definition of Intimidation states
Intimidation means to make fearful or to put into fear. Generally, proof of actual fear is not required in order to establish intimidation. It may be inferred from conduct, words, or circumstances reasonably calculated to produce fear.
Because subsection (2) of section 2261A. (stalking) includes when this behavior occurs via electronic communication - specifically any interactive computer service or electronic communication service, the complainant doesn't even have to establish that the accused sought her out. Under this definition, any discussion in any forum under any circumstances would qualify as an environment in which a person engaging in interpersonal communication could be accused of stalking. In fact, screenshots may fall under this category, as well, if the individual whose post is being recorded and posted objects, even if the original posts were publicly visible.

We have seen how lightly and easily the violence against women act has been abused in the past.

Sit back for a moment, and think about this: This text essentially makes any discussion online potential fodder for a legal accusation. Abuse of this section of the law will be easy to commit, and difficult to combat. How do you prove that you didn't intend to offend someone you were arguing with? How do you determine for the court how your opponent should feel about your replies in a debate?

How long do you think it will take for opponents of the MRM to start using this as a tool for stifling debate where gender issues are discussed? Is code orange about to grow some teeth?

Letter to Representatives on the topic of VAWA abuse and VAWA reform

Update: originally, I wrote my state's Senators on this topic. I've now written my area representative, and another Ohio representative on the topic. I have slightly condensed the letter for easier reading, though as you can see it remains detailed (and again, I've omitted the county names, replaced by Xs to avoid giving away my specific location.

Sent 2/12/13

From 2006 until recently, I was a witness in a bizarre case in which a woman falsely used the XXXX and XXXX county justice systems (police, court, and the victim's advocacy system) as weapons to abuse her ex-husband, who was (and still is) married to a close friend of mine.

Following a change of custody due to her neglect, the woman began falsely accusing her ex-husband of stalking, aggression, and physical abuse. Those of us who know the family knew the allegations were false not just because of the man's good character, but because the women accused him of actions at times when he and his wife happened to have friends over at their house, all of whom could plainly see that he was there.

It started out small, and we foolishly expected it to be over quickly. The first time the police came to the house, those of us who knew the family figured out that this was a tactic the false accuser was employing to try to regain custody of their child, lost to the falsely accused because the accuser's current husband had viciously abused the child. Since the accuser was lying, we all figured that the evidence would be all that was necessary to clear the accused's name and let the family move on with their lives.

We were wrong.

After her first false allegation was shot down, she leveled another... and another... and another... it just kept going and going. From beginning to end, the criminal allegations part of the ordeal lasted over 5 years.

As the case progressed, a pattern quickly emerged. The accuser's method was to go to the courthouse first, instead of the police. There, she would profess fear of her ex-husband and obtain a Temporary Restraining (Civil Protection) Order. A hearing would be set for a date 30 days later. During that 30 days, she would at some point falsely accuse her ex of violating the order.

Following each allegation, the false accuser would then motion for the restraining order hearing to be postponed, often giving flimsy reasons or no reason at all. She wanted the alleged violation heard first because even if the restraining order was overturned, if she got a conviction in the alleged violation, that would remain on record. If the restraining order hearing went first and the restraining order was overturned, the charge for allegedly violating it, if nonviolent, would be dropped.

Because she knew she did not have a legitimate case for the restraining order, the false accuser pushed for the allegations. She knew that if she caught him without a provable alibi, she'd get a conviction regardless of guilt or innocence. The accused responded by requesting the alleged violation case be continued until after the restraining order hearing, to avoid having to go to trial twice when once would suffice.

In one instance, the two played continuance tag for a year - meaning that the false accuser had a 30-day temporary restraining order in place for an entire year. This involved repeated juggling of court dates.

Eventually, the false accuser even began citing her previous false allegations as evidence that her current false allegations were legitimate, the logic being that a man accused that many times must be guilty of something, even though the accusations had all been proved false, and had all come from the same person.

The case became completely ridiculous, evolving into textbook malicious prosecution. A vexatious litigation complaint was filed against the false accuser, who frequently represented herself in court. That complaint got "lost" in the system for 2 years before the victim's lawyer pushed it forward by threatening to sue for violation of his right to a speedy trial. On the good end of it, during those two years, the accuser provided her victim with a lot more evidence for the vexatious litigant case. On the bad end, she almost killed him with the stress, elevating serious symptoms of physical ailments that he had under control prior to her harassment of him.

According to the attorney for the accused, this tactic is one she has seen consistently and frequently employed by women in divorce/custody cases, with the active assistance and encouragement of the local VAWA-funded domestic abuse victim's advocacy system. The tactic, when used successfully, virtually guarantees women favorable rulings in family court.

For the latter half of the ordeal, the ex-husband's friends (including myself) rallied an effort to keep watch on him so that no matter where he went or what he did, there would be a credible witness. We knew that if she ever caught him alone, that would be it - in court, her word was worth more than his even though she was a proven liar. He spent a couple of years with literally no privacy outside of restroom use, during which she continued to level accusations.

At the same time as the malicious prosecution was being employed, the false accuser also stalked and harassed her alleged abuser and his family, leaving her empty cigarette packs at his family's home to show she'd been there, throwing poisoned toys and food over the fence for the family's pets. She stalked his extended family, including his sister, his underage niece, and his other witnesses.

Local police wouldn't do anything about the stalking because the woman was backed by the local VAWA-funded domestic abuse victim's advocate system. A judge did award the niece and sister restraining orders against the false accuser, but when the accuser violated those orders, local police refused to enforce them because of the domestic case and the support the local VAWA-funded domestic abuse advocacy group was giving to the false accuser. No charges were brought against the false accuser for the violation.

Let me repeat that: Police refused to enforce a restraining order following a violation of it, because the perpetrator had the support of the local VAWA-funded domestic abuse victim's advocacy group. Or, that can be re-worded for accuracy: The local VAWA-funded domestic abuse victim's advocacy group assisted the stalker of an underage girl in avoiding arrest and prosecution for violation of a protection order because they were assisting the stalker in her malicious prosecution of the child's uncle.

It took a monumental effort, but the false accuser is now on Ohio's list of vexatious litigants, and she is barred from taking any further legal action against her ex without a judge's prior approval.
Unfortunately, the vexatious litigant has continued her harassment of the family by other means. There has been no way found to put a stop to that behavior.

The combination of gender-specific language and funded incentives for arrest and prosecution in the Violence Against Women Act are the causes which led to this travesty of justice. Because a woman was accusing her ex-husband of abuse, regardless of the facts, regardless of the evidence, every part of the system is by law required to accommodate and act on her claims. This requirement continues even when there is a pattern of false allegations, even when the pattern itself is identifiable as a form of abuse (malicious prosecution.)

Further, the lack of accountability applied to VAWA-funded domestic abuse victim's advocacy groups with which the police and courts work on these cases leads to the groups advocating in favor of female accusers even after the accuser has clearly demonstrated a complete lack of credibility. In this case, advocates pressured police, prosecutors, and judges on behalf of a known and proved false accuser, causing significant hardship, distress, and stress-related health problems for the victim... and because it was the local domestic abuse victim's advocacy group helping his abuser, the victim had no place to turn for help.

These advocates even assisted the false accuser in fighting to avoid being placed on the vexatious litigant list, showing up in court with her for some of the hearings, and assisting her in preparing for the case. They successfully pressured local prosecutors to avoid charging the false accuser for any of her crimes related to this ordeal, which include filing false charges, perjury, stalking and harassment of her ex-husband and his witnesses, and violation of judge's orders (contempt of court.) She was even permitted to get away with violating a child support order for years, amassing some $8000.00 in debt from which she was partially released by a judge because of her refusal to work, (an unheard of ruling, had she been a man) all because she had the courtroom support and assistance of case workers from that VAWA-funded domestic abuse victim's advocacy organization.

The group SAVE (Stop Abusive and Violent Environments) has written a brief with a set of reform principles, some of which, had they been in place, would have changed the progression of my friend's case. In particular, points 4 through 9, and point 11 would have been very helpful.

Save's Points listed at http://www.saveservices.org/pvra/vawa-reform-principles/

1. Treatment programs: Programs funded by the Violence Against Women Act (VAWA) ignore the most common causes of intimate partner violence: substance abuse, marital conflict, and psychological disorders. This makes it difficult for violence-prone persons to get help before the abuse escalates. Domestic violence programs should address the social and psychological causes of partner aggression.

2. Reconciliation: Many states prohibit couples counseling when abuse has been alleged. Partner reconciliation should be allowed when the counselor and victim believe counseling is desirable and safe.

3. Abuse shelters: Abuse shelters should give priority to victims of physical violence. Shelters should be staffed by personnel with appropriate training and expertise in crisis intervention, mental health, and substance abuse treatment.

4. Non-discrimination: VAWA should be refocused to include all victims of domestic violence, rather than singling victims out for special protection based on gender, sexual orientation, or other group status.

B. Criminal Justice Interventions:

5. Restraining orders: Restraining orders don’t deter determined abusers from harming their victims, and can lull victims into a false sense of security. Restraining orders should only be issued when there is objective and verifiable evidence of abuse.

6. Mandatory arrest: Mandatory arrest policies increase partner homicides by nearly 60%, according to a Harvard University study. VAWA should not award grants to jurisdictions with policies that promote arrest without probable cause.

7. Prosecution: Mandatory prosecution and prosecuting protection order violations may be linked to increases in partner homicides, research says. Prosecutors need to avoid ‘no-drop’ policies that ignore probable cause requirements.

8. Presumption of innocence: Criminal justice policies and procedures need to restore the presumption of innocence to the accused.

9. False allegations: False allegations can cause lifelong harm to the wrongfully accused, and rob victims of services, protections, and credibility. Perjurers need to be held accountable.

C. Other Issues:

10. Definitions: Because of expansive and vague definitions, minor incidents of partner conflict are being criminalized. In addition, victims of physical violence aren’t getting the priority they deserve. VAWA needs to restrict definitions of abuse.

11. Accountability: The Violence Against Women Act needs to institute strong transparency and accountability measures to stop waste and fraud.

12. Training and public awareness: Training and education programs should be based on sound science, not gender ideology.

Related to point 4: None of the other local domestic abuse victim's advocacy groups would help the victim in this case, because his abuser had the assistance of the most powerful group in the county, and these groups all cooperate with each other. This created a unified wall of dismissal, wherein he could not find anyone to help him escape the abuse.

Related to point 5 on restraining orders, I think men like my friend would be better protected from false accusers if accusers repeatedly requesting restraining orders were prevented from doing so without evidence. This could be accomplished by adding a stipulation that, once a judge has ruled a request for a restraining order unmerited, another one cannot be requested by the same accuser against the same person during the time period in which the order would have been in effect (5 years, in Ohio) without proof of an assault against the accuser by the person against whom the order is sought.

On points 6 & 7: By the end of the ordeal - even by the middle of it - it had become clear to everyone involved that the repeatedly accused man was not an abuser, and had done nothing to his ex-wife except gain protective custody of their daughter. Every police department near their home (multiple communities) as well as the local prosecutor's office, and the judges in two county courts, all knew the accuser was abusing the system. Nobody was able to stop her.

On point 8: Had the accuser been able to successfully choose a moment in time to level an accusation when the accused couldn't account for his whereabouts, it is likely that he would have been wrongfully convicted on her word, and manufactured evidence, and as a result falsely imprisoned. She knew this, and it is part of what encouraged her to continue her effort. Had she been required to prove her accusations, the case wouldn't have dragged on for so long.

On point 9, if demonstrably false accusers who commit perjury in the course of arguing their cases were subject to prosecution, that would create a deterrent which would reduce the number of women who would chose to abuse the system this way. If repeat offenders were jailed, then my friend's abuser would not have had the opportunity to continue to make false allegations for as long as she did. If she were found guilty of several counts of perjury, something which was possible after only a couple of hearings, imprisonment would have prevented her from continuing the behavior.

On point 11, I think that the advocates involved in these organizations would be less comfortable supporting abusers who use them this way if there were some means by which their actions could be known to the public, even if making those available entailed employing someone to scrub identifying information from their records. Public accountability is vital to keeping any government funded organization honest. In this case, the organization would not have been so quick to continue to support the accuser after she made admissions which demonstrated that she had been stalking the man she claimed to fear, as well as members of his family, facts which would be entirely inconsistent with her claim of being a victim of abuse. Even if those things would not have altered the course of events, the numerous times when her accusations were proved false by his evidence would have demonstrated the inappropriateness of continuing to advocate for further arrests.

The current version and proposed updates to the Violence Against Women act are too easily abused in the manner used against my friend, and in similar ways. The lack of oversight and transparency in the system created by this law has led to an environment in which gender is more important to the case than evidence.

Further, because the law is gender specific, it excludes victims who are not women, or who are not abused by men. While the law itself does not expressly dictate gender-specific assistance, the repeated use of female-specific terms in the law does indicate to anyone attempting to interpret it for legal use (such as the awarding of grant funds, determining who to arrest, and decision-making regarding prosecution and sentencing) all appear to be directed by that language. As a result, there are few resources in existence for victims of female abusers, for male victims of any abusers, and especially for fathers with children who are displaced due to abuse.

The combination leaves male victims of false and malicious prosecution with little to no means of defense, and no recourse against their abusers, especially if their abusers are using the system designed to protect the abused.  

I urge you to consider the reforms suggested by SAVE, in the hope that reforming the law will reduce the ease with which it is being abused, and will encourage the diversification of its application to populations which are currently underserved.

VAWA is not like that? (3)




Section 40241 designated federal funding for Battered Women's Shelters established in the Family Violence Prevention and Services Act of 1984.

Yep - there was a law before VAWA.

Title III: Family Violence Prevention and Services - Family Violence Prevention and Services Act - Authorizes the Secretary of Health and Human Services to make demonstration grants to States to assist in supporting the establishment, maintenance, and States to assist in supporting the establishment, maintenance, and expansion of programs and projects to: (1) prevent incidents of family violence; and (2) provide shelter and related assistance for victims and dependents of victims of family violence in order to prevent future violent incidents. 
VAWA's section 40241 increased funding for battered women's shelters through the year 2000.
FVPSA's grant eligibility requirements are simple:

Eligible entities
To be eligible to receive a grant under this section, an entity shall be a local agency, a nonprofit private organization (including faith-based and charitable organizations, community-based organizations, and voluntary associations), or a tribal organization, with a demonstrated record of serving victims of family violence, domestic violence, or dating violence and their children.

States had a longer list of requirements in order to obtain an allotment of funds to distribute to these agencies;
They had to prove the funds were being used for their designated purpose, that the state give "special emphasis" to community-based support, primarily in the form of shelters, but also for treatment of conditions contributing to an abuse victim remaining in an abusive relationship. States had to prove that urban and rural areas were both represented, with representation not limited by income, and victim information kept confidential. States also had to demonstrate having a process in place for eviction of abusers from shared residences. States were barred from gender discrimination in the application of policy related to this funding.

The 1994 act did not create these programs. It increased funding for them, and contained wording which imposed the gender restrictions which the original law forbade, referring to the domestic abuse shelters as "battered women's shelters" and describing domestic violence as "violence against women."

VAWA also established additional assistance for victims, which was backed with still more federal funding.
From the original bill, section 40114, Authorization for Federal Victim's Counselors:
    There are authorized to be appropriated for the United States Attorneys for the purpose of appointing Victim/Witness Counselors for the prosecution of sex crimes and domestic violence crimes where applicable (such as the District of Columbia)--
      (1) $500,000 for fiscal year 1996;
      (2) $500,000 for fiscal year 1997; and
      (3) $500,000 for fiscal year 1998.

While the funding and maintenance of shelters for abuse victims is a benevolent action, when it is combined with the rest of the bill, this adds incentive to find victims to the already existing incentive to find perpetrators. And while this doesn't mean that all allegations are false, it does create an environment conducive to the support and promotion of false allegations through the system. Last but not least, while gender-neutral terms like family, domestic, and partner were used in the original FVPSA law, VAWA is peppered with instances of the use of the word "women," indicating to the reader that certain services, policy, and law laid out by the text are designated strictly for the benefit and use of women.

Moving forward: The American Reinvestment and Recovery Act of 2009 (yes, the stimulus bill - remember when Republicans said there were items hidden in that bill which had nothing to do with economic stimulus?) established Violence Against Women Formula Grants to fund female-based initiatives.
Text copied from the Catalog of Federal Domestic Assistance and placed into an image with all instances of the word "women" tinted red:
    
http://i.imgur.com/hl4Lq.jpg
This clearly establishes a mandate for the entire legal system to treat domestic violence as a crime committed by men against women. Funding for this program is in Section 101 of the 2005 re-authorization of VAWA update: Stop Grant Improvements, which establishes funding for Jessica Gonzales Victim Assistants, whose job it is to advocate for women who have obtained restraining orders, and for the Crystal Judson Domestic Violence Protocol Program, which is charged with influencing law enforcement response to domestic violence allegations.

Now, we have a program which initially provided incentives separately to the branches of its authorities of execution - money to law enforcement and judicial systems to fund their activities, and money to victim's services systems to fund their activities. In the 2005 re-authorization of VAWA, the federal government decided to cross the streams, resulting in a system wherein victim's advocates had the government-sanctioned ability to influence the legal system in favor of accusers and against the accused.

That is the system which led to the events in this case.

Following that update was the 2012 re-authorization bill, which contained still more changes, including one which would have given tribal courts limited jurisdiction to oversee domestic violence offenses committed against Native American women by non-Native American men on tribal lands. When the controversy over that stipulation was presented to reddit's /r/mensrights, my comment was:
That whole issue is quicksand. There is no wining that discussion for the Republicans, or for NOW. The more both sides maneuver on this, the more wrong they're both going to be.
On one hand, you have the home court advantage issue on both sides. Because of the circumstances, either side of a domestic case in which the woman is tribal and the man is not will be able to claim that the other side's native legal system will be biased. In both cases, that claim would probably be right.
On the other hand, there is the issue of timeliness. When there is an arrest over an allegation of criminal violence on a reservation, and it's going to take a month or two for anyone to get in there and handle it, what is the community's law enforcement to do? Keep the accused imprisoned the whole time? Allow bail-bought probational freedom? What if they keep an innocent man locked up for two months, unable to work*, and then he is acquitted? What if they let a guilty man out, and he goes home and kills his wife?
And that's not even taking into account the sexist nature of VAWA, and American law enforcement's handling of it. What if the perp is a woman? When she's arrested for beating, raping, or otherwise harming her partner, will American law enforcement back tribal law enforcement up on that arrest?
*meaning, of course, the question of will he be employed when he gets out, and still able to support himself, or will being falsely imprisoned leave him broke and homeless, too?

The update sought to slap a bandaid over the edge of a gaping wound on the face of American interaction with tribal populations; our government cannot make up its mind whether Indian Reservations are U.S. territory, subject to U.S. law and with their people benefiting from U.S. policy, or whether they are independent territory, and the people there are on their own. When it benefits politicians to claim tribal people as American folks and American responsibility, they're fully willing to interfere in tribal culture, community, and government. When it benefits politicians to turn their heads and ignore tribal issues, then that is what they do. The VAWA update argument is no different than that.

The 2005 and 2012 renewals also included several areas where text specifying application of policy as being to various types of crime (sex crimes, dating violence, assault) expanded to include the broadly defined term "stalking."
An individual may be accused of stalking if the accuser claims that the accused repeatedly followed or harassed the accuser, having made an expressed or implied threat with intent to make the accuser fear death or serious bodily harm. As VAWA is written, however, charges of stalking can be leveled based on the alleged victim's feelings of fear, regardless of the alleged perpetrator's intent.

To recap: VAWA contains sexist, female-specific language, funding for research designed to justify its policies, and further funding designed to influence law enforcement, prosecutors, and the judicial system by incentivizing arrest, conviction, harsh sentencing, and sentence enforcement. It also contains funding to incentivize identification of victims and pursuit of action against accused perpetrators. Updates have introduced funding for female-oriented victim's advocacy programs designed to further influence law enforcement, and expanded the definition of domestic abuse. This is not a gender-neutral law, with problems caused at the law-enforcement end. This is a gender-specific law with problems written into its design, so that no part of the legal system has any choice but to apply it in an entirely sexist fashion, and the recently defeated update demonstrated in its text that if politicians have their way, that trend will only continue.

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VAWA is not like that? (2)

Retracing again, we

1) Establish a claim of rampant male-on-female domestic violence.
2) Train law enforcement, prosecutors, and judges to accept that bias.  
3) Incentivize arrest.

What next?

That would be established in sections 20102, 20103, and 30208 part 5.  

Section 20102, Truth in Sentencing Incentive Grants
(a) TRUTH IN SENTENCING GRANT PROGRAM.—Fifty percent of the total amount of funds appropriated to carry out this subtitle for each of fiscal years 1995, 1996, 1997, 1998, 1999, and 2000 shall be made available for Truth in Sentencing Incentive Grants. To be eligible to receive such a grant, a State must meet the requirements of section 20101(b) and shall demonstrate that the State—
(1) has in effect laws which require that persons convicted of violent crimes serve not less than 85 percent of the sentence imposed; or
(2) since 1993—
(A) has increased the percentage of convicted violent offenders sentenced to prison;
(B) has increased the average prison time which will be served in prison by convicted violent offenders sentenced to prison;
(C) has increased the percentage of sentence which will be served in prison by violent offenders sentenced to prison; and
(D) has in effect at the time of application laws requiring that a person who is convicted of a violent crime shall serve not less than 85 percent of the sentence imposed if—
(i) the person has been convicted on 1 or more prior occasions in a court of the United States or of a State of a violent crime or a serious drug offense; and
(ii) each violent crime or serious drug offense was committed after the defendant’s conviction of the preceding violent crime or serious drug offense.
 
By itself, 20102 looks justified, as it provides incentive to back up criminal sentencing after conviction, by increasing sentence time and mandating that time given be served. It is less innocent, however, when seen in conjunction with section 20103, which incentivizes inflation of conviction rates for "part 1 violent crimes," described in section 30208 part 5 as including aggravated assault, which may be leveled for the attempt to cause serious bodily injury. Any domestic abuse allegation involving an assault can be defined as an attempt to cause serious bodily injury, whether injury occurred or not.

Section 20103, Violent Offender Incarceration Grants Program

(a) VIOLENT OFFENDER INCARCERATION GRANT PROGRAM- Fifty percent of the total amount of funds appropriated to carry out this subtitle for each of fiscal years 1995, 1996, 1997, 1998, 1999, and 2000 shall be made available for Violent Offender Incarceration Grants. To be eligible to receive such a grant, a State or States must meet the requirements of section 20101(b).

(b) ALLOCATION OF VIOLENT OFFENDER INCARCERATION FUNDS-

(1) FORMULA ALLOCATION- Eighty-five percent of the sum of the amount available for Violent Offender Incarceration Grants for any fiscal year under subsection (a) and any amount transferred under section 20102(b)(2) for that fiscal year shall be allocated as follows:

(A) 0.25 percent shall be allocated to each eligible State except that the United States Virgin Islands, American Samoa, Guam and the Northern Mariana Islands each shall be allocated 0.05 percent.

(B) The amount remaining after application of subparagraph (A) shall be allocated to each eligible State in the ratio that the number of part 1 violent crimes reported by such State to the Federal Bureau of Investigation for 1993 bears to the number of part 1 violent crimes reported by all States to the Federal Bureau of Investigation for 1993.

(2) DISCRETIONARY ALLOCATION- Fifteen percent of the sum of the amount available for Violent Offender Incarceration Grants for any fiscal year under subsection (a) and any amount transferred under section 20103(b)(3) for that fiscal year shall be allocated at the discretion of the Attorney General to States that have demonstrated the greatest need for such grants and the ability to best utilize the funds to meet the objectives of the grant program and ensure that prison cell space is available for the confinement of violent offenders.

(3) TRANSFER OF UNUSED FORMULA FUNDS- On September 30 of each of fiscal years 1996, 1997, 1998, 1999, and 2000, the Attorney General shall transfer to the discretionary program under paragraph (2) any funds made available for allocation under paragraph (1) that are not allocated to an eligible State under paragraph (1).

From section 30208, Definitions:

(5) The term `part 1 violent crimes' means murder and non-negligent manslaughter, forcible rape, robbery, and aggravated assault as reported to the Federal Bureau of Investigation for purposes of the Uniform Crime Reports.

Section 20103 establishes with the 1993 numbers a standard of measurement which incentivizes continual increase in the reporting of "part 1 violent crimes," and includes one with criteria which can be applied (especially in conjunction with biases the law has imposed upon law enforcement and prosecutors) to any domestic dispute which progresses beyond a simple shouting match.

So now... we establish the claim, create a bias in all three steps of enforcement (arrest, prosecution, judicial hearing,) then incentivize conviction, harsh sentencing, and adherence to that sentencing. This is the establishment, by VAWA, of the legal equivalent of a giant Rube-Goldberg device designed to funnel men through the criminal justice system into the prison system, for the alleged benefit of women.   


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VAWA is not like that?

This isn't what I was going to write about today, but in light of recent discussion, I think covering the topic is imperative.

I'm seeing repeated presentation of the notion that VAWA itself is a gender-neutral piece of legislation, and that all of the problems with it are caused by law-enforcement, administrative, and judicial response. That notion is a blatantly false representation of both the letter, and the intent of the law.

Let me start by saying that VAWA is hard to search online. That is because its official title is the Violent Crime Control and Law Enforcement Act of 1994. (This link goes to the complete text of that law, in PDF form.) Title IV (sec. 40001) of the act states, "This title may be cited as the `Violence Against Women Act of 1994'."  
A section by section breakdown of the bill (the version which passed into law) is available on the Library of Congress's website, via THOMAS.

Going on, the discriminatory effects of the law occur in part due to gender-specific wording which indicates for the entire system that the intent of the law is that it apply to the protection of women, not the protection of everyone. However, the bulk of gender discrimination is caused by the way the law's funding is designed.   
   
VAWA's stipulations included funding to contract research done with the express goal of justifying the continued application of enforcement aimed at benefiting only women:
SEC. 40291. RESEARCH AGENDA.
(a) REQUEST FOR CONTRACT- The Attorney General shall request the National Academy of Sciences, through its National Research Council, to enter into a contract to develop a research agenda to increase the understanding and control of violence against women, including rape and domestic violence. In furtherance of the contract, the National Academy shall convene a panel of nationally recognized experts on violence against women, in the fields of law, medicine, criminal justice, and direct services to victims and experts on domestic violence in diverse, ethnic, social, and language minority communities and the social sciences. In setting the agenda, the Academy shall focus primarily on preventive, educative, social, and legal strategies, including addressing the needs of underserved populations.
(b) DECLINATION OF REQUEST- If the National Academy of Sciences declines to conduct the study and develop a research agenda, it shall recommend a nonprofit private entity that is qualified to conduct such a study. In that case, the Attorney General shall carry out subsection (a) through the nonprofit private entity recommended by the Academy. In either case, whether the study is conducted by the National Academy of Sciences or by the nonprofit group it recommends, the funds for the contract shall be made available from sums appropriated for the conduct of research by the National Institute of Justice.
(c) REPORT- The Attorney General shall ensure that no later than 1 year after the date of enactment of this Act, the study required under subsection (a) is completed and a report describing the findings made is submitted to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.
 This creates a system of self-perpetuation, wherein VAWA funding goes toward the purchase of academic "proof" that VAWA is necessary and right.

Also contained in the bill were grants to fund the funneling of that propaganda effort into law enforcement policy, prosecutor policy, and judicial policy.

Section 40121 created grants specifically focusing only on violence against women, which funded:
  • Training for officers and prosecutors
  • The creation of special units to focus on domestic violence (specifically) against women
  • Changing precinct, prosecutor's office, and court policy to reflect the intent of the law
  • Developing communication and tracking systems around the concept of addressing specifically violence against women
  • Providing additional crime victim's services to female accusers
VAWA also established the barring of admission of an accuser's sexual history from rape cases - which can prevent the admission of false accusation history if it is deemed that doing so violates the law. It also effectively prevents the defense in a rape case from refuting an accuser's claims that the defendant should have known information which is contradicted by her history... and today, feminists are using terms like "meaningful consent" and "enthusiastic consent" to justify the use of "should have known" as evidence in a rape accusation.

So far: Section 40291 establishes an effort to prove a pattern of male violence against women. Section 40121 establishes an effort to train law enforcement and prosecutors to look for male violence against women. Next, section 40231 establishes a financial incentive for arrests, offers state-funded legal advocacy for accusers in domestic violence cases, and funds influence of judicial handling of cases:
PART U--GRANTS TO ENCOURAGE ARREST POLICIES

`SEC. 2101. GRANTS.

    `(a) PURPOSE- The purpose of this part is to encourage States, Indian tribal governments, and units of local government to treat domestic violence as a serious violation of criminal law.

    `(b) GRANT AUTHORITY- The Attorney General may make grants to eligible States, Indian tribal governments, or units of local government for the following purposes:

        `(1) To implement mandatory arrest or proarrest programs and policies in police departments, including mandatory arrest programs and policies for protection order violations.

        `(2) To develop policies and training in police departments to improve tracking of cases involving domestic violence.

        `(3) To centralize and coordinate police enforcement, prosecution, or judicial responsibility for domestic violence cases in groups or units of police officers, prosecutors, or judges.

        `(4) To coordinate computer tracking systems to ensure communication between police, prosecutors, and both criminal and family courts.

        `(5) To strengthen legal advocacy service programs for victims of domestic violence.

        `(6) To educate judges in criminal and other courts about domestic violence and to improve judicial handling of such cases.

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