Spousal Abuse Act
A woman is physically abused by her husband every nine seconds within the United States, according to the University of North Carolina-Charlotte Women's Abuse Network. Anywhere from one third to one half of all adult women suffer spousal or partner abuse within their lifetimes. The Violence Against Women Act provides a legal framework that works to secure victims' rights in spousal abuse and domestic violence cases.
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Identification
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The Violence Against Women Act (VAWA) was passed by the United States Congress in 1994 in response to identified gaps within the justice system's treatment of violent crimes committed against women. The act provides funding for shelter grants, education and training of court officials, police officers and related agencies. It also lists specific guidelines on how to track and prosecute cases involving violence against women, according to the Women and Social Movements In the United States resource site.
History
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Up until the 1960s and '70s, domestic violence remained a private issue with little to no legal recourse available, according to the Women and Social Movements In the United States resource site. It was during this time that the women's movement brought attention to this issue through the National Women's Conference \in Houston in 1977. Supporters urged Congress to make violence against women a national issue that warranted the same legal protections as any other violent crime. Also at issue was the apparent gender bias within judicial proceedings in the court system. As a result, the Violence Against Women Act incorporates three separate areas to address domestic violence and spousal abuse--funding, criminal provisions and civil rights.
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Funding
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Funding provisions under the Violence Against Women Act are designed to finance changes within the criminal justice system, instate safety measures for women, and provide education and training on domestic abuse issues. The initial 1993 Act set aside $1.6 billion for a six-year period to cover these costs, according to the Medical University of South Carolina. Funds were allotted to set up shelters for spousal abuse victims and to increase safety for women who used public transportation. Funding also covered research and statistical analysis measures, as well as medical costs in cases where sexually transmitted diseases were an issue. Since the initial 1993 legislation, the Violence Against Women Act has been continually reinstated and remains in existence to date.
Criminal Provisions
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The criminal provisions enacted under the Violence Against Women Act assigns additional conditions in cases where a protective order is issued, according to the Medical University of South Carolina. Protective orders are made enforceable across state lines, and lists interstate spousal or domestic abuse as a felony crime in the place of the misdemeanor status it once held. In addition, victims are entitled to recoup financial losses, including medical, transportation, housing and child care that result from abuse or violence offenses.
Civil Rights
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The civil rights provision within the Violence Against Women act was introduced in an attempt to make acts involving spousal abuse a federal offense, according to the Medical University of South Carolina. These provisions enabled women to seek punitive damages against their perpetrators in addition to recouping financial losses. When presented within an actual court trial in 2000--the U.S. vs. Morrison- the Supreme Court ruled the case as a state matter. As a result, spousal abuse and domestic violence cases are held within state court jurisdictions.
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