1. Past, Present, and (Hopeful) Future

2.   Over 20 million women and six million men will, in the course of their lifetimes, be victims of intimate-partner abuse. U.S. Dep’t of Justice, Nat’l Institute of Justice, P. Tjaden & N. Thoennes, Full Report of the Prevalance, Incidence, and Consequences of Violence Against Women (2000) Background Facts

3.  1871 – Alabama is the first state to rescind the legal right of men to beat their wives. 1967 – One of the country’s first domestic violence shelters opens in Maine. 1972 – The nation’s first emergency rape crisis line opens in Washington, D.C. 1975 – Pennsylvania establishes the first state coalition against sexual assault and Pennsylvania becomes the first state to pass legislation providing for orders of protection for battered women. Casa de Las Madres in San Francisco, California is opened. This was the first battered women’s shelter established by women of color. History

4.  1978 – The National Coalition Against Sexual Assault is formed to combat sexual violence and promote services for rape victims. The National Coalition Against Domestic Violence is organized as the voice for the battered women’s movement on the national level. 1981 – The first annual Domestic Violence Awareness Week is celebrated. History

5.  1984 – The Duluth Project is formed in Duluth, Minnesota – pioneers the first coordinated criminal justice response model to domestic violence. U.S. Attorney General Benjamin Civiletti establishes Department of Justice Task Force on Family Violence, which, for the first time in the Department’s history, submits a report examining the scope and impact of domestic violence in America. The report also provides recommendations to improve the nation's law enforcement, criminal justice and community response to offenses that, previously, were considered “family matters.” Congress passes the Family Violence Prevention Services Act – the first time federal funds are specifically designated for programs serving battered women and their children. History

6.  1993 U.S. Senator Joseph Biden and the majority staff of the Senate Judiciary Committee conclude a three –year investigation into the causes and effects of violence against women. He stated, “Through this process, I have become convinced that violence against women reflects as much a failure of our nation's collective moral imagination as it does the failure of our nation's laws and regulations. We are helpless to change the course of this violence unless, and until, we achieve a national consensus that it deserves our profound public outrage..” 1994 Senator Biden sponsors legislation called the Violence Against Women Act, as part of the Violent Crime Control and Law Enforcement Act of 1994. The legislation passes with bipartisan support of 226 sponsors in the House and 68 in the Senate. September 13, 1994 – bill is signed into law as part of the Violent Crime Control and Law Enforcement Act of 1994. VAWA

7.  Requires a coordinated community response to domestic violence, sexual assault and stalking crimes, encouraging jurisdictions to bring together multiple players to share experience and information and to use their distinct roles to improve community – defined responses. Strengthens federal penalties for repeat sex offenders and included a federal “rape shield law,” which is intended to prevent offenders from using victims’ past sexual conduct against them during a rape trial. Creates full faith and credit provisions requires states and territories to enforce protection orders issued by other states, tribes and territories. · Creates legal relief for battered immigrants that made it more difficult for abusers to use immigration law to prevent victims from calling the police or seeking safety. · Allows victims to seek civil rights remedies for gender ‐ related crimes. (Held unconstitutional.) Authorizes funds to establish the National Domestic Violence Hotline and to support battered women's shelters, rape prevention education, and coordinated community responses to domestic violence, sexual assault and stalking. The Act

8.  Section of the VAWA allowed a federal civil remedy to gender- based violence – even when no criminal charges filed. Christy Brzonkala was allegedly assaulted and raped repeatedly by fellow students Antonio Morrison and James Crawford. During the school-conducted hearing on her complaint, Morrison admitted having sexual contact with her despite the fact that she had twice told him "no." College proceedings failed to punish Crawford, but initially punished Morrison with a suspension (punishment later struck down by the administration). A state grand jury did not find sufficient evidence to charge either man with a crime. Brzonkala then filed suit against Morrison, Crawford, and Virginia Tech (the school where the alleged incidents occurred.) United States v. Morrison, 529 U.S. 598 (2000)

9.  5-4 decision Majority – Chief Justice Rehnquist Ruled that Congress lacked the authority to enact a statute under the Commerce Clause or the Fourteenth Amendment since the statute did not regulate an activity that substantially affected interstate commerce nor did it redress harm caused by the state. “If the allegations here are true, no civilized system of justice could fail to provide [Brzonkala] a remedy for the conduct of...Morrison. But under our federal system that remedy must be provided by the Commonwealth of Virginia, and not by the United States.” United States v. Morrison, 529 U.S. 598 (2000)

10.  Dissent - Justice Stephen G. Breyer The majority opinion “illustrates the difficulty of finding a workable judicial Commerce Clause touchstone.” Dissent – Justice David Souter He noted that VAWA contained a “mountain of data assembled by Congress...showing the effects of violence against women on interstate commerce.” United States v. Morrison, 529 U.S. 598 (2000)

11.  Amended 2000  Identifying the additional related crimes of dating violence and stalking  The creation of a much-needed legal assistance program for victims of domestic violence and sexual assault  Promoting supervised visitation programs for families experiencing violence  Further protecting immigrants experiencing domestic violence, dating violence, sexual assault or stalking, by establishing U- and T-visas and by focusing on trafficking of persons VAWA Amended – 2000

12.   New programs with an increased emphasis on violence against Native American women, sexual assualt, and you victims VAWA Amended – 2005

13.   Focus on protecting immigrants from repercussions of reporting abuse VAWA Amended – 2013

14.   Title IX allows a cause of action against a school receiving federal funding (essentially all colleges) – Standard – deliberate indifference  Constitutional claims (State Schools only) claim of an Equal Protection violation difficult to prove as you review whether men’s complaints are treated differently Other Causes of Action