The reauthorization of the Violence Against Women Act (VAWA) was signed by President Bush in January without any public debate, but evidence is now surfacing which Congress should have examined before the law was passed. VAWA is a nearly-billion-dollar-a-year extension of one of the major ways that Bill Clinton bought the support of the radical feminists.
Why
Republicans passed this bill is a mystery. It's unlikely that the
feminists who will spend all that money will ever vote Republican.
Passage
of VAWA was a major priority of the American Bar Association (ABA) for
whose members it is a cash cow. More than 300 courts have implemented
specialized docket processes to address VAWA-type cases, more than a
million women have obtained protection orders from the courts, and more
than 660 new state laws pertaining to domestic violence have been
passed, all of which produce profitable work for lawyers.
A
recently issued ABA document called "Tool for Attorneys" provides
lawyers with a list of suggestive questions to encourage their clients
to make domestic-violence charges. Knowing that a woman can get a
restraining order against the father of her children in an ex parte
proceeding without any evidence, and that she will never be punished
for lying, domestic-violence accusations have become a major tactic for
securing sole child custody.
Voluminous documentation to
dispel the feminist myths that created and have perpetuated VAWA are
spelled out in seven reports just issued by an organization called
RADAR (Respecting Accuracy in Domestic Abuse Reporting), and in an
80-page report called "Family Violence in America" published by the
American Coalition for Fathers & Children.
For example, it
is a shocker to discover that acts don't have to be violent to be
punished under the definition of domestic violence. Name-calling,
put-downs, shouting, negative looks or gestures, ignoring opinions, or
constant criticizing can all be legally labeled domestic violence.
The
ABA report states flatly: "Domestic violence does not necessarily
involve physical violence." The feminists' mantra is, "You don't have
to be beaten to be abused."
VAWA advocates assert that
domestic violence is a crime, yet family courts often adjudicate
domestic violence as a civil (not a criminal) matter. This enables
courts to deny the accused all Bill of Rights and due process
protections which are granted to the most heinous of criminals.
Specifically,
the accused is not innocent until proven guilty but is presumed guilty,
and he doesn't have to be convicted "beyond a reasonable doubt." Due
process rights, such as trial by jury and the right of free counsel to
poor defendants, are regularly denied, and false accusations are not
covered by perjury law. VAWA provides funding for legal representation
for accusers but not for defendants.
Those who are concerned
about judicial activism, i.e., judges legislating from the bench, could
observe judges doing this every day in domestic violence cases. Every
time a judge issues a restraining order, the judge creates new crimes
for which an individual can be arrested and jailed without trial for
doing what no statute prohibits and what anyone else may lawfully do.
This
criminalizing of ordinary private behavior and incarceration without
due process follows classic police-state practices. Evidence is
irrelevant, hearsay is admissible, defendants have no right to confront
their accusers, and forced confessions are a common feature.
Some
of these injustices result from overzealous law enforcement officials
(sometimes running for office), and some from timid judges who grant
restraining orders and deny due process to defendants for fear of being
blamed for subsequent violence. Most of this, however, is the result of
feminist activism and the taxpayers' money given them by Congress.
The
ease and the speed with which women can get restraining orders without
fear of punishment for lying indicates that the dynamic driving
domestic-violence accusations is child custody rather than violence.
Restraining orders don't prevent violence, but they do have the
immediate effect of separating fathers from their children and
imprisoning fathers for acts that are perfectly legal if done by anyone
else (such as attending a public event at which his child is
performing).
The restraining order issued against TV talk show
host David Letterman, allegedly to protect a woman who claimed he was
harassing her through his TV broadcasts, is a good example of how easy
it is to get a court order based on false allegations. Another
ridiculous restraining order was issued against celebutante Paris
Hilton to protect a man she had badmouthed.
VAWA money is used
by anti-male feminists to train judges, prosecutors and the police in
the feminist myths that domestic violence is a contagious epidemic, and
that men are naturally batterers and women are naturally victims. The
feminists lobby state legislators to pass must-arrest and
must-prosecute laws even when the police don't observe any crime and
can't produce a witness to testify about an alleged crime.
Assault
and battery are crimes in every state and should be prosecuted. But
persons so accused should be entitled to their constitutional rights.
After all, is this America?



