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Help Get VAWA passed

We have made so much progress on VAWA! Let’s capitalize on that and get VAWA passed before the end of the year!

During the past year, our collective work ensured that the Senate passed a bipartisan, inclusive and survivor-focused Violence Against Women Re-Authorization bill and have kept Congress and the media focused on the needs of survivors! Our advocacy ensured that a dangerous VAWA bill in the House passed by with limited and very partisan support. At the beginning of October, Domestic Violence Awareness Month (DVAM), the White House issued a statement<http://www.whitehouse.gov/the-press-office/2012/10/01/presidential-proclamation-national-domestic-violence-awareness-month-201> acknowledging the need for inclusive responses to domestic violence: “Despite considerable progress in reducing domestic violence, an average of three women in the United States lose their lives every day as a result of these unconscionable acts. And while women between the ages of 16 and 24 are among the most vulnerable to intimate partner violence, domestic violence affects people regardless of gender, age, sexual orientation, race, or religion.” At the same time, the issue of rape has remained front and center in our nation’s consciousness and a comprehensive policy response is needed.

We can capitalize on our momentum and the public focus on women’s issues and get VAWA passed by the end of this year! But to do so we need to make sure that VAWA is an election issue and a priority for every legislator during the “lame duck” session in Congress (after they come back from the election through the end of the year).

Let’s keep the pressure on – because together we can get this bill passed!

Your representatives<http://www.house.gov/representatives/find/> and senators are home campaigning. Call their district offices with this message and also send it by email:

October is Domestic Violence Awareness Month and 3 women lose their lives every day to this crime. 1 in 4 women and 1 in 7 men have been the victim of severe physical violence by an intimate partner. Rape, affecting 1 in 5 women and 1 in 71 men, is unacceptable. ALL victims of violence must be protected. Yet VAWA expired over a year ago. VAWA reauthorization MUST be a priority in the lame duck session! Please tell your colleagues and Congressional leadership that you want to see VAWA reauthorized now. Will you publicly state before the election that passing VAWA this year is one of your highest priorities?

You can also tweet:
@[your legislator]: What are you doing to make sure #VAWA is reauthorized in lame duck? #DVAM2012

@[your legislator]: Make #VAWA a lame duck priority – reauthorize it now! #DVAM2012

@[your legislator]: Rape is rape. Will you let rape victims know you want to help? Prioritize passing #VAWA in lame duck.

@[your legislator]: Oct is DV Awareness Month. Reauthorize #VAWA now for ALL survivors! #DVAM2012

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Virginia General Assembly Report 2012

Priority Areas for those interested in sexual or domestic violence related legislation.

1. Protect Funding for Crisis and Safety Services – While it is good news that the adopted budget in the 2012 session does not propose any additional reductions in funding for sexual and domestic violence services, unfortunately the adopted budget uses one-time fund balances to restore $1.2 million in funding for domestic violence services that was at risk due to changes in the administration and availability of TANF funds. These one-time funds will not be available in 2014 or beyond. Thus, the $1.2 million in funding for the core services will be eliminated when this short-term solution is no longer available unless other funds are allocated for these purposes.

2. “Peace Begins at Home” specialized interest license plate – DEFEATED. These bills were continued to 2013 because the required 450 pre-paid applications were not collected. These bills would have authorized the issuance of revenue-sharing special license places bearing the legend: PEACE BEGINS AT HOME to support the programs of the Action Alliance for the prevention of sexual and domestic violence in Virginia. Help us get this passed next year. Sign up to buy a license plate through your local Virginia center or the Action Alliance.

3. Enhance the Prosecution of Strangulation – PASSED! These bills make strangulation a felony in Virginia. The law provides that any person who, without consent, impedes the blood circulation or respiration of another person by knowingly, intentionally and unlawfully applying pressure to the neck, causing wounding or bodily injury is guilty of a Class 6 felony.

4. Improve Virginia’s Response to Sexual Assault on College Campuses – PASSED!
SB 302 (Senator Howell) & HB 965 (Delegate Rob Bell) – These bills require campus police to enter into mutual aid agreements with a local law-enforcement agency or the state police for cooperation in providing assistance with the investigation of deaths and alleged rapes occurring on college campuses. These bills do not mandate any one law enforcement to take the lead over another.
SB 301 (Senator Howell) & HB 969 (Delegate Rob Bell) – These bills add chiefs of campus police located within the jurisdiction to the list of persons the Attorney for the Commonwealth must invite to the annual meeting to establish guidelines for a coordinated response to sexual assault.

5. Strengthen the Enforcement of Federal Firearm Prohibitions for Persons Convicted of Domestic Violence SB 224 (Senator Herring) – DEFEATED – This bill would have created a way to differentiate charges and convictions for assault and battery that involved the use of physical force from convictions for assault and battery that did not involve physical force. This change in law is needed to apply federal firearm prohibitions appropriately to persons convicted of assault and battery of a family or household member due to federal court decision, U.S. v. White, issued in 2010.

Information provided from The Virginia Sexual and Domestic Violence Action Alliance. Contact Kristine Hall at 804-377-0335 or khall@vsdvalliance.org for more information.

More reports on tomorrow’s blog…

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Help Pass VAWA

Posting from http://4vawa.org/ 

TELL CONGRESS THAT S. 1925, THE REAL VAWA, IS EVERYONE’S VAWA AND MUST BE PASSED!

S. 1925, the “real” VAWA, has 57 Senate sponsors – Senator Mark Pryor (D-AR) signed on as a sponsor today!!!  We have set March 20th—the first day of spring—to reach our goal of 60 filibuster-proof sponsors.  We have 3 more to go.  Last week, Senators Joe Manchin (D-WV) and Mark Udall (D-CO) signed.  Please thank our 3 new co-sponsors!  We can do this! 

VAWA has always been intended to serve ALL survivors.  Every version of the bill since 1994 has worked to improve awareness about and expansion of prevention programs and the provision of services that included all victims of sexual, domestic, dating and stalking violence. 

Read more about how S. 1925 enhances protections for underserved populations on our VAWA Fact Sheets page. Underserved populations are those who are provided with inadequate or non-existent services.  Since 1994, VAWA has been about opening doors for all victims of sexual and domestic violence who have historically been ignored or provided with inadequate or substandard treatment and services – whether due to insufficient funds and scarce resources or discriminatory practices. The Leahy/Crapo Bill (S.1925) continues this intent by offering a gateway for greater reach to all victims by: an improved definition of underserved; an enhanced underserved populations grant program; and specific supports throughout VAWA for underserved populations. When you talk with your Senators, please tell them to support S. 1925 because it opens doors for allvictims! 

TAKE ACTION TODAY!

Suggested actions for this week include:

  1. Reach our goal for 60 Senate co-sponsors!  If your Senator is not a VAWA sponsor, call them at their Hill office, ask for the staff person who handles VAWA and offer to help them convince their Senator to sponsor S. 1925. 
  2. Ask Senator Majority Leader Harry Reid (D-NV) to schedule a vote on VAWA!
  3. Tweet for VAWA – Join the twitter carnival for #ReauthorizeVAWA on Wednesday, March 7th at 12pm EST, 11am CST, 10am MST, 9am PST

Action 1:  If  your Senator is one of the 43 who are NOT sponsors of VAWA, call their office today and ask them to co-sponsor S. 1925: When you call, tell your Senator that only S. 1925 represents real, critical, lifesaving protections for ALL victims and all other versions fall short. Check out our new talking points here about why S. 1925 is the only REAL VAWA. Go to theTHOMAS (Library of Congress), select search by bill number, and type in the bill S.1925 for a list of sponsors and thank your Senator if he/she is already a co-sponsor.  Don’t panic if the latest sponsors aren’t there – it takes a few days for their names to be posted.

Suggested Senators who should be a VAWA sponsor:

6 Senators have been VAWA sponsors in the past.  Maybe they just need to be reminded and for sure they need to be persuaded. VAWA programs and services are under-funded and under attack.  It’s time to step up for victims of sexual assault and dating, domestic and stalking violence.  Cochran, Thad  (R-MS), Cornyn, John (R-TX), Grassley, Chuck (R-IA), Hatch, Orrin (R-UT), Hutchison, Kay Bailey (R-TX),  Snowe, Olympia (R-ME)

There are Senators who have expressed interest in (or should care about) VAWA and some have been supportive of program funding and services in the past. Ask them to step up to this crisis: Alexander, Lamar (R-TN), Ayotte, Kelly  (R-NH), Enzi, Michael (R-WY), Graham, Lindsey (R-SC), Heller, Dean (R-NV), Kyl, Jon  (R-AZ), and Lugar, Richard (R-IN).

Action 2: Call Senator Reid’s office with this message:

“We need Senator Reid to continue to be our champion for the whole country. Please sponsor the Violence Against Women Act and schedule S. 1925 for a floor vote as soon as possible.”

If you are not from Nevada call the DC office:              202-224-3542       DC
If you are from Nevada call the Reno office:             775-686-5750      

Action 3: Participate in the #ReauthorizeVAWA Twitter Carnival on Wednesday, March 7th at 12pm EST, 11am CST, 10am MST, 9am PST

HUGE thanks to all who all who have been tweeting about VAWA.  Now we need to make #ReauthorizeVAWA a trending topic on twitter. In order to do that we need a lot of people to tweet messages including the hashtag #ReauthorizeVAWA in a SHORT amount of time.

The bigger a splash we can make by sharing this, the better! 
You can help us trend #ReauthorizeVAWA by tweeting this message on Wednesday, March 7th at noon EST.  Here are some sample tweets:

  • We urge all Senators to support the real #VAWA that helps all victims- S. 1925. #ReauthorizeVAWA now! 4vawa.org
  • Bring the real VAWA to the Senate floor for a vote NOW. #ReauthorizeVAWA now! 4vawa.org

If you can’t/won’t be in front of your computers or hand-helds at noon you can still send out the post on twitter at noon by signing up at Hoot Suite  and scheduling your message to post on March 7 at noon (just make sure you’re time settings are for EST).  During the Twitter Carnival, you should also retweet and respond to the twitters of others – always including #ReauthorizeVAWA.

Thanks for the terrific tweets already out there! 

Also, be sure to check out and “like” our Facebook page where you can find a toolkit and other action and information items.

If you aren’t on one of the VAWA email lists or want to add members of your staff or state/community leaders to our grassroots alerts e-mailing list, send names and contact information including email to Sean Black, sblack@icasa.org.

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Cross-Over Report on Current Legislation in Virginia

This week was cross over, which means we are officially moving into the 2nd half of the General Assembly Session.  For the most part, its been a good session with respect to our priorities.   We are pleased that anti-strangulation is moving forward as a stand-alone crime, that a bill to keep guns out of the hands of persons convicted of domestic violence is still alive, legislation to promote inter-agency collaboration and coordination in the investigation and prosecution of campus sexual assault expected to pass, and that legislation to clarify issues regarding protective orders processes and procedures are also moving forward without resistance.  

Unfortunately, several good bills were also defeated, including legislation to enhance penalties for stalking and a bill to clarify a minor’s rights with respect to petitioning for protective orders.   We are disappointed that the anti-immigration legislation is also still alive, but will continue our work with allies to defeat these bills in the Senate.  

These are just a few of the highlights.   Summarized below is a more detailed 2012 Cross Over Report.  Kristine created a hyperlink for all bills that are still alive so that if you are interested in reading the actual language on any bill, you can “click” on the bill # and be directed to the actual bill language. 

2012 Cross Over Report

 

PROTECT FUNDING FOR CRISIS AND SAFETY SERVICES

 

Governor McDonnell maintained level funding in his proposed budget.   Neither the House nor the Senate has proposed any additional reductions in funding for sexual and domestic violence services.  However, the current budget uses one-time fund balances to replace $1.2 million in TANF funding for domestic violence services. These one-time funds will not be available in 2014 or beyond.  Thus, $1.2 million in funding for the core services that provide safety for victims of domestic violence and their children remains at risk. 

 

“PEACE BEGINS AT HOME” SPECIALIZE INTEREST LICENSE PLATE

SB 225 (Senator Herring) & HB 182 (Delegate O’Bannon) –SB 225 passed the Senate unanimously & HB 182 was continued to 2013 in the House.

Supported by the Action Alliance.  These bills authorize the issuance of revenue-sharing special license plates bearing the legend PEACE BEGINS AT HOME to support the programs of the Domestic Violence Action Alliance for the prevention of sexual and domestic violence in Virginia.  HB 182 was not continued in the House because we had not collected 450 pre-paid applications.   SB 225 will now be considered by the House and will only pass if we collect 450 pre-paid applications.   

 

ENHANCE THE PROSECUTION OF STRANGULATION

SB 459 (Senator Herring) & HB 752 (Delegate Cline)— SB 459 passed the Senate unanimously & HB 752 passed the House unanimously.  

Supported by the Action Alliance.  Both of these bills were amended to provide that any person who impedes the blood circulation or respiration of another person by applying pressure to the person’s neck and resulting in wounding or bodily injury is guilty of strangulation, a Class 6 felony.

There are minor differences between these bills.  SB 459 uses the language “willfully, knowingly, intentionally” applying pressure to the person’s neck.  HB 752 uses the language “knowingly, intentionally and unlawfully” applying pressure to the neck of such person.  The Action Alliance staff will work with the Senator Herring & Delegate Cline to align these two bills. 

 

IMPROVE VIRGINIA’S RESPONSE TO SEXUAL ASSAULT ON COLLEGE CAMPUSES

 

SB 302 (Senator Howell) & HB 965 (Delegate Rob Bell)— SB 302 passed the Senate unanimously & HB 965 passed the House unanimously.  

Supported by the Action Alliance.   These bills require campus police to enter into mutual aid agreements with a local law-enforcement agency or the State Police for cooperation in providing assistance with the investigation of deaths and alleged rapes occurring on college campuses.

 

SB 301 (Senator Howell) & HB 969 (Delegate Rob Bell)—SB 301 passed the Senate unanimously & HB 969 passed the House unanimously. 

Supported by the Action Alliance.  These bills require each attorney for the Commonwealth to invite any chiefs of campus police located within the jurisdiction to the annual SART meeting.

 

DOMESTIC VIOLENCE

 

SB 224 (Senator Herring).  Passed the Senate unanimously.

Supported by the Action Alliance.  This bill provides for a Class 1 misdemeanor for a battery through the application of physical force against a member of a family or household member. This change in law is needed to apply federal firearm prohibitions appropriately to persons convicted of assault and battery of a family or household member.  This bill will now be considered by the House.

 

PROTECT THE SAFETY AND BEST INTERESTS OF THE CHILDREN

 

HB 84 (Delegate Albo)— HB 84 passed the House unanimously.

Supported by the Action Alliance, as amended.  The bill was amended and no longer creates a presumption for joint custody.  Instead, it requires judge’s to communicate the basis for their decision regarding custody or visitation and to communicate the relevant statutory factors used to determine the best interests of the child when making the decision.  This bill will now be considered by the Senate.

 

HB 606 (Delegate LeMunyon)— HB 606 was defeated.   

Opposed by the Action Alliance.  Establishes a presumption in child custody cases that an award of joint legal custody, with physical custody, to the extent feasible, shared equally between the parties, is in the best interests of the child.

 

ADVANCE VIRGINIA’S PROTECTIVE ORDER LAWS

 

SB 445 (Senator Vogel) & HB 1033 (Delegate McClellan)— SB 445 passed the Senate unanimously & HB 1033 passed the House unanimously.  

Supported by the Action Alliance.  These bills allow Circuit Court to hear petitions to modify, dissolve, or extend a permanent protective order when the Circuit Court issued the order. The bill also requires the Court to enter and transfer identifying information to the Virginia Criminal Information Network (VCIN) system when a protective order is issued. Circuit court clerks who are not currently using the Statewide Case Management System shall provide protective orders directly to the Virginia Criminal Information Network in an electronic format approved by the Department of State Police. This bill seeks to align the process and procedures for protective orders issued in Circuit Court with those currently  in place for the Juvenile & Domestic Relations and General District Court.

 

SB 300 (Senator Howell)— SB 300 passed the Senate unanimously.

Supported by the Action Alliance.  This bill makes various changes to the provisions governing protective orders issued by a Juvenile and Domestic Relations District Court, including (i) clarifying that only violations related to trespass, criminal offenses, acts of abuse, or prohibited contacts are Class 1 misdemeanors; (ii) clarifying that Juvenile and Domestic Relations District Courts have jurisdiction over all protective orders that involve juveniles who are petitioners or respondents; and (iii) allowing judges to prohibit contact between the respondent and the petitioner’s family.  This bill will now be considered by the House.

 

HB 674 (Delegate Surovell)—HB 674 was defeated in House Courts.  

Supported by the Action Alliance.  This bill would have addressed several issues regarding protective orders and minors, including (i) providing that a minor may petition for an emergency protective order on his own behalf without a parent, legal guardian, or another adult acting as a next friend; and ii) providing that any adult may petition in the name of a minor as the minor’s next friend for a preliminary and/or permanent protective order.   These provisions would have codified existing case law and are consistent with the Attorney General’s Opinion (10-116) issued in January 2011.

 

PRESERVE ACCESS TO SERVICES REGARDLESS OF IMMIGRATION STATUS

 

HB 958 (Delegate Rob Bell)—Passed the House  

Opposed by the Action Alliance.   This bill Supplements the existing law that requires sheriffs to make a query into legal presence when a person is “taken into custody” at a jail. This bill expands such inquiries by requiring inquiries of everyone arrested, and requires that an arresting officer inquire of every arrestee whether he (i) was born in a country other than the United States and (ii) is a citizen of a country other than the United States. This bill incorporates HB 89 and HB 320. This bill will now be considered by the Senate.

 

HB 1060 (Delegate Anderson)—Passed the House   

Opposed by the Action Alliance.  This bill Supplements the existing law that requires sheriffs to make a query into legal presence when a person is “taken into custody” at a jail. This bill expands such inquiries by requiring that an arresting officer inquire of every arrestee whether he is in the country legally. The bill further provides that when a law-enforcement officer believes that the person is not legally present in the United States, he shall communicate to the judicial officer the facts and circumstances underlying his belief. This bill will now be considered by the Senate.

 

HB 1001 (Delegate Ramadan)—Passed the House   

Opposed by the Action Alliance. This bill provides that the Superintendent of State Police shall seek to enter into a memorandum of agreement with United States Department of Homeland Security, Immigration and Customs Enforcement, as authorized under 8 U.S.C. § 1357(g), to permit the State Police to perform federal immigration law-enforcement functions in the Commonwealth after arrest of an alien. This bill will now be considered by the Senate.

 

SB 460 (Senator Black)—Defeated in Senate Courts. 

Opposed by the Action Alliance.  This bill would have provided that when a law-enforcement officer lawfully detains a person following a lawful stop, detention, or arrest of such person for a suspected criminal offense or traffic infraction or upon reasonable suspicion of criminal activity and, during the detention, based upon certain prescribed inquiries of the detainee and ICE, the officer forms a reasonable suspicion that the person is unlawfully present in the United States, the officer shall make a reasonable effort during the detention, when practicable, to determine whether the person is lawfully present, unless the determination would hinder or obstruct an investigation. The bill would have also sets out procedures to be followed by a judicial officer who would make a bail determination for such an arrestee.

 

STALKING

 

HB 361 (Delegate McClellan)—Defeated in House Appropriations.

Supported by the Action Alliance.  This bill would have provided that a second or subsequent offense of stalking is a Class 6 felony.  Currently, the enhanced penalty applies for a third or subsequent offense.  The bill also provides that stalking when a protective order is in effect is a Class 6 felony.

 

HB 807 (Delegate May)—Passed the House

Supported by the Action Alliance.  Provides that any person who uses an electronic tracking device through intentionally deceptive means and without consent to track the location of another person is guilty of a Class 3 misdemeanor. The bill includes exceptions for law-enforcement officers, the parent or legal guardian of a minor or any person authorized by the parent or legal guardian as a caretaker of the minor at any time when the minor is under the person’s sole care; a legally authorized representative of an incapacitated adult, private investigators in certain circumstances, bail bondsmen, and the owners of fleet vehicles.  This bill will now be considered by the Senate.

 

SEXUAL VIOLENCE

 

HB 963 (Delegate Rob Bell)—Passed the House unanimously. 

Supported by the Action Alliance.  This bill provides that any person who commands, entreats, or otherwise attempts to persuade another person to send, submit, transfer, or provide to him any child pornography in order to gain entry into a group, association, or assembly of persons engaged in trading or sharing child pornography shall be punished by not less than five years nor more than 20 years in a state correctional facility, with a five-year mandatory minimum term of imprisonment for a second or subsequent violation. This bill will now be considered by the Senate.

 

HB 964 (Delegate Rob Bell)—Passed the House unanimously.

Supported by the Action Alliance.  The bill provides that any person who displays child pornography or a grooming video or materials to a minor is guilty of a Class 6 felony. The bill defines grooming video or materials as (i) a cartoon, animation, image, or series of images depicting a child engaged in a sex act when the minor to whom the material is displayed is less than 13 years of age. This bill will now be considered by the Senate.

 

SB 205 (Senator Barker)—Passed the Senate unanimously. 

Supported by the Action Alliance.  This bill allows the collection of forensic evidence in cases of suspected sexual assault where the alleged victim may not be legally capable of giving consent.

This bill will now be considered by the House.

 

—

Gena M. Boyle, MPA

Domestic Violence Advocacy Coordinator

Virginia Sexual and Domestic Violence Action Alliance

804.377.0335 x2109

gboyle@vsdvalliance.org

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We need your help today to protect immigrant victims of sexual and domestic violence.

We need your help today to protect immigrant victims of sexual and domestic violence. 

Please call the members of the House Courts Criminal Law Subcommittee today and ask them to defeat the following legislation that threatens access to safety for victims of sexual and domestic violence: House Bill 89, House Bill 108, House Bill 320, House Bill 472, House Bill 958, House Bill 1060 and House Bill 1001.

This Wednesday, February 8, the House Courts of Justice Criminal Law Subcommittee will consider the above bills that would threaten access to safety for immigrant victims of sexual and domestic violence.  The bills, all of which deal with the ability of local and state law enforcement to enforce civil immigration laws, will impede the ability of immigrant victims to access law enforcement and undercut community policing and efforts to enhance victim/witness cooperation in criminal investigations and prosecutions.

Members of the House Courts Criminal Subcommittee:

Delegate Rob Bell: 804-698-1058 or delrbell@house.virginia.gov

Delegate Dave Albo: 804-698-1042 or deldalbo@house.virginia.gov

Delegate Ben Cline:804-698-1024 or delbcline@house.virginia.gov

Delegate Todd Gilbert: 804-698-1015 or deltgilbert@house.virginia.gov

Delegate Jackson Miller: 804-698-1050 or deljmiller@house.virginia.gov

Delegate Ron Villanueva: 804-698-1021 or delrvillanueva@house.virginia.gov

Delegate Rick Morris: 804-698-1064 or delrmorris@house.virginia.gov

Delegate Vivian Watts: 804-698-1039 or delvwatts@house.virginia.gov

Delegate Charniele Herring: 804-698-1046 delcherring@house.virginia.gov

Suggested talking points:

  •  If approved, these bills would threaten access to safety for victims of sexual and domestic violence and will discourage victims and witnesses from reporting acts of sexual and domestic violence.
  • Victims of domestic violence and sexual assault already face tremendous barriers to reporting.
  • When victims perceive that law enforcement is to be feared rather than trusted, it undercuts community policing and efforts to enhance victim/witness cooperation in criminal investigations and prosecutions.
  • Please protect access to safety for sexual and domestic violence victims by rejecting these bills.

For questions or more information, please contact Kristine Hall or Gena Boyle at 804-377-0335 or khall@vsdvalliance.org and gboyle@vsdvalliance.org.

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Reject Immigration-related bills that threaten access to safety for victims of sexual and domestic violence

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Special Thanks to supportive of our bills regarding strangulation.

Delegate Charniele Herring:

I want to thank you for the great speech you gave at the General Assembly about the prevalence of sexual and domestic violence in Virginia.  As both the leader of a local center serving central Virginia and a Governing Body member of the Action Alliance, I appreciate the recognition you gave our work and your knowledge of the extent of what we really do.   The staff, boards, volunteers, interns, and members here at RCASA and at the Action Alliance appreciate all that you do as an individual and a delegate to support our work to help support survivors of violence. 

Senator Mark Herring:

I want to thank you for your support of the issues important to those serving survivors of sexual and domestic violence and stalking.  We appreciate your support of the Action Alliance license plate bill that will provide another funding source for our local centers.  Your support of the bills dealing with strangulation and firearms prohibitions related to domestic violence criminal convictions and equal protections for sexual and domestic violence victims is also an important effort for us and the safety of our community. 

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Lobby for Sexual and Domestic Violence Services and Funding

2012 Preliminary Legislative Agenda

 

  1. 1.      Protect funding for core safety and crisis services for victims of sexual and domestic violence.

The Action Alliance will be closely monitoring the state budget process to ensure that funding for core crisis and safety services for victims of domestic and sexual violence is protected from cuts.  Funding for crisis and safety services support emergency shelter and transportation, hotlines, court advocacy, and counseling.

  1. 2.      Establish a “Building Healthy Futures Fund” to support efforts to prevent sexual and domestic violence.  Support legislation to create a special interest license plate, “Peace Begins at Home.”

Virginia’s Sexual and Domestic Violence Advocacy Agencies are engaged in a wide variety of prevention efforts across the state to reduce risk factors and promote healthy communities and relationships and they are struggling to fund those initiatives.  In order to sustain and expand prevention efforts—with the ultimate goal of reducing the incidence and prevalence of both sexual and domestic violence, the Virginia Sexual and Domestic Violence Action Alliance is launching the Building Healthy Futures Fund.   For more information on the Building Healthy Futures Fund or pre-ordering a “Peace Begins at Home” plate, please visit http://www.vadv.org/secAction/bhff.html.

  1. 3.      Preserve access to services for ALL victims of sexual and domestic violence in Virginia regardless of immigration status.

The Action Alliance is opposed to any legislation that will hinder the ability of victims of sexual and domestic violence to access services needed to escape and/or address violence because of immigration status, including crisis intervention, emergency transportation, shelter, and advocacy services offered by Sexual and Domestic Violence Agencies.  Victims of domestic violence and sexual assault already face tremendous barriers to reporting and seeking help.  When victims perceive that law enforcement is to be feared rather than trusted, it undercuts community policing and efforts to enhance victim/witness cooperation in criminal investigations and prosecutions to hold perpetrators accountable.  We oppose any legislation that threatens access to safety, including but not limited to, services provided by law enforcement, the courts, crisis services, and protections made available through the Violence Against Women Act.   

  1. 4.      Campus Sexual Assault

The Action Alliance has been closely monitoring the State Crime Commission’s study of House Bill 2490, which relates to law enforcement response to sexual assaults that occur on campus.  Our organization will support legislation that requires notification and collaboration between campuses and communities when there has been a sexual assault reported by a student.  The model legislation we have offered is consistent with the best practices promoted by the Action Alliance and allied partners across the state.

  1. 5.      Protective Orders

In 2011, the Action Alliance served on the Governor’s Domestic Violence Prevention and Response Advisory Board.  Our agency will support legislation, recommended by the Board, that would allow for the extension of “permanent” protective orders issued in the Circuit Court and require Circuit Court clerks to submit protective orders to law enforcement by the end of the business day on which they are issued.

Last year, the General Assembly overhauled Virginia’s civil protective order process to provide equal access and equal protections to victims of stalking, dating violence and sexual assault.  The Action Alliance will continue to monitor all legislation related to civil protective orders to ensure that Virginia’s laws continue to protect all victims of sexual and domestic violence.

  1. 6.      Enhanced Penalties for Strangulation

During the work of the Governor’s Domestic Violence Prevention and Response Advisory Board, there were discussions about the challenges to prosecuting acts of strangulation in Virginia.  As a result, the Governor is introducing legislation that creates an enhanced penalty for acts of strangulation committed against a family or household member.  The Action Alliance has concerns about the narrow application of the legislation (recognizing that strangulation is an act that occurs commonly in dating violence and during a sexual assault).  The Action Alliance will continue to monitor this legislation and advocate that any revisions to the Code protect all victims of sexual and domestic violence.    

For more information contact Kristine Hall or Gena Boyle at 804-377-0335 or email khall@vsdvalliance.org or gboyle@vsdvalliance.org

Please join The Action Alliance for a breakfast reception on Wednesday, January 25 from 9:30-11:30am in 7 West during our Legislative Advocacy Day!

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Legislate for: Enhanced Penalties for Family Violence in the Presence of Minors

The Risks and Unintended Consequences

 

Society often looks for ways to offer greater protection for children who witness family violence.  One remedy that is frequently proposed is enhanced penalties for assault and battery against a family or household member when a child is present.  While on the surface this would seem to be an appropriate solution, the Virginia Sexual and Domestic Violence Action Alliance has concerns that such an enhancement puts children at greater risk of physical and emotional harm and has other unintended consequences.

Enhanced Penalties put Children at Greater Risk

  • To prove h/she present, the child may be required to testify against a parent or other adult in the home, putting the child in the middle of an already volatile situation.
  • If a child testifies against the offender, the offender and in some instances the non-offending parent may retaliate against the child, putting the child’s safety at risk.
  • If the child is afraid of the offender, and/or does not want to testify against a parent or loved one, s/he may feel that it is necessary to perjure him/herself in order to protect the family.
  • The offender, non-offending parent or others may blame the child for the enhanced penalty (jail time or fine) and therefore the child may blame him/herself for the violence and effect of the penalty on the family.

 

Actions Requested by VSDVAA

Below are three alternatives to enhancing penalties or creating a misdemeanor for when a minor is present during an assault and battery of a family or household member:

  • Support increased funding and availability of services for children and teens who witness and/or are impacted by family abuse.  This could include services in domestic violence programs, child advocacy centers and supervised visitation centers.
  • When preparing the pre-sentencing report, include information about the presence of a minor during the incident and the impact of the violence on the child or teen.
  • During the sentencing phase, consider the impact of the violence on the minor.

 

For more information, contact Stacy Ruble at Virginia Sexual and Domestic Violence Action Alliance (VSDVAA) at:  804-377-0335 or publicpolicy@vsdvalliance.org

reposted from the Action Alliance website:  http://www.vsdvalliance.org

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