Violence Against Women Act (VAWA)
Violence Against Women Act (VAWA, 1994; reauthorized 2022)
1) Link to the Text of the Act
Read the statute (34 U.S.C. § 12291 et seq.)
2) Why It Was Done
VAWA was enacted to address domestic violence, sexual assault, and stalking, creating comprehensive legal protections, victim services, and funding for law enforcement and prevention programs.
3) Pre-existing Law or Constitutional Rights
Before VAWA, protections for victims of gender-based violence were scattered and inconsistent across states. The Act created the first major federal framework.
⚖️ Note: In U.S. v. Morrison (2000), the Supreme Court struck down VAWA’s federal civil remedy provision as exceeding Congress’s Commerce Clause power.
4) Overreach or Proper Role?
Supporters argue VAWA saves lives and provides essential protections. Critics contend some provisions federalize crimes traditionally handled by states and raise due process concerns.
5) Who or What It Controls
- Law enforcement agencies (receive funding for training and victim services)
- Courts (implement stronger protections for victims)
- Victim service providers (receive federal grants)
- Perpetrators of violence (face tougher penalties and federal jurisdiction in certain cases)
6) Key Sections / Citations
- 34 U.S.C. § 12291: Definitions and purposes
- Title IV: Grants for victim services and shelters
- Protection orders recognized across state lines
7) Recent Changes or Live Controversies
- Reauthorized multiple times (2000, 2005, 2013, 2022)
- Expanded to cover LGBTQ+ survivors, Native American tribes, and improved housing protections
- Debates continue over gun restrictions for domestic abusers and federal vs. state roles
8) Official Sources