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rebecca cheptegei
The Violence Against Women Act Turns 30 Today—But Are We Still Failing Survivors?
Last week, Rebecca Cheptegei's children watched their mother burn right before their eyes. This type of horror happens in the United States, too.
Sep 13, 2024
As we commemorate the 30th anniversary of the Violence Against Women Act (VAWA) this September 13, the horrific death of Olympic runner Rebecca Cheptegei, who was set on fire by her ex-boyfriend just last week, reminds us that the fight against domestic violence is far from over. While domestic violence is sometimes portrayed as a scourge relegated to developing countries, it remains a significant and deeply troubling issue right here in the U.S., too, affecting individuals and families across all communities, regardless of socioeconomic status. Each day, three women die in the United States because of domestic violence; a woman is beaten by an intimate partner every 9 minutes; and 1 in 4 women will experience severe intimate partner violence in their lifetime. Yet headlines still manage to get their stories wrong and movies like the recent blockbuster It Ends with Us do a disservice to correctly capturing the experience of victims. The Violence Against Women Act, when it was passed in 1994, was a landmark step in addressing this issue. But the challenges that survivors face have changed in the last thirty years - while the paltry protections offered them have largely remained stagnant. We have a long way to go in supporting women, particularly in terms of enforcement and support for survivors.
On any given day in the United States, 13,335 requests for victim services go unmet due to a lack of funding. Of those unmet requests, 54% are for safe housing. Intimate partner violence has worsened in the aftermath of the COVID-19 pandemic, with calls to domestic violence hotlines spiking. Affordable and safe housing is one of the biggest barriers that survivors face when leaving an abuser; in fact, domestic violence is one of the main causes of homelessness for women and children - 63% of homeless women have been victims of domestic violence. In 2023, the federal government gave out $43.1 million in grants for transitional housing for domestic violence victims – but this is pennies compared with other federal grants, such as the $7.5 billion currently allotted for electric car charging stations. Having an immediate place to live is a matter of life and death for many victims. More funding, particularly for shelters and permanent affordable housing for victims and their children, is absolutely essential in 2024.
In addition to increasing funding for services, we must enforce laws that are already on the books. When a gun is present in a home where there is a domestic violence situation, a woman is five times more likely to be killed. Nearly half of the 4,484 women killed in 47 major U.S. cities from 2008-2018 died at the hands of an intimate partner. Many victims seek protection for themselves through civil restraining orders, but their abusers still have access to firearms because of poor enforcement, loopholes in licensing laws, such as the boyfriend loophole, and the proliferation of ghost guns (firearms assembled from kits without the usual serial numbers and background checks on purchasers). In my twenty years as an attorney representing victims of domestic violence, I cannot recall a single case where a defendant was forced by the courts or law enforcement to give up his guns. Shockingly, we operate on the “honor system,” which relies on abusers to voluntarily relinquish their firearms.
The result is that, this summer in Chicago, a 31 year-old mother of three was shot in the chest and murdered by her ex-boyfriend. Back in 2022, she had obtained a restraining order and requested seizure of his firearms, which the judge outright ignored. In July 2020, a California man shot and killed his wife in front of their children. The victim had an active restraining order at the time, and had informed the court that her husband had a gun and provided details of him threatening her with it in an application for a restraining order. Yet the judge accepted the man’s answer of “no” when asked whether he had any firearms. In 2017, a woman in St. Louis was shot by an ex-boyfriend four times through her apartment window. Police found an active restraining order lying on top of a microwave just a few feet from her body.
These homicide victims did everything they could under the law to protect themselves, but our system failed them. The landmark gun case decided by the Supreme Court in June, United States v. Rahimi, should have shined a spotlight on this gap – the defendant Rahimi was found in possession of firearms months after a civil restraining order was issued against him (arising from domestic abuse), which specifically banned him from having them. The Supreme Court validated the constitutionality of stripping him of his Second Amendment rights in this context. But we are not actually stripping abusers of their guns. There is a simple fix: when law enforcement serves a defendant with a protective order, and the victim has affirmed under oath that he has access to guns, these guns should be confiscated on the spot by the police.
Life is devastatingly complicated for victims with children. Many women make rational decisions to remain in abusive situations because the alternative may be worse for themselves and their children. Abusers use the court system to control their victims, by filing for custody for example, if their victim dares to leave. Under the current judicial climate, the “default” order is shared legal and physical custody, even in domestic violence situations. I see this time and again as an attorney – victim parents are not believed and are forced to comply with custody orders that perpetuate the abusive power dynamic. Over a decade ago, a study by the Department of Justice found that abusers do, in fact, use decision-making in shared parenting to regain control (by not agreeing to anything the victim wants, for example) and that they use visitation exchanges to harass and assault victims. But still we issue orders that have little regard for this evidence. Taken to the extreme, this results in outrageous situations like the one recently faced by a Colorado woman: Rachel Pickrel-Hawkins was jailed last week for refusing to comply with a custody order that provided for visitation to her ex-husband who had been criminally charged for sexually assaulting their daughters.
The myth that contact with an abusive parent is always beneficial for a child must be dispelled. Cases with two safe parents are not the same as cases with an alleged abuser. Tragically, a 2023 study found that in the last 15 years, over 900 children involved in contested custody cases (ones litigated in court) had been murdered, mostly by abusive fathers. In many of these cases, judges disbelieved or minimized reports of abuse and gave the killers the access they needed to their children.
Finally, providing family court judges with generalized “training” in domestic violence, as we do now, is not effective. Professionals without more specialized training tend to believe that women make false reports and that abusive parents pose little safety to their children. Moving forward, judges should be required to undergo more rigorous and comprehensive training in the nuances of domestic violence and the risks to victims and their children of post separation custody orders.
Just last week, Rebecca Cheptegei’s children watched their mother burn right before their eyes. This type of horror happens in the United States, too. "I was bleeding on the baby"—this is what the Chicago mother told the judge when pleading her case for an emergency restraining order prior to her murder in July. These monstrous deaths—everywhere around the world—are a vile reminder that domestic violence does not discriminate by geography, profession, or status. We must commit to combating this epidemic, strengthening laws like VAWA, and ensuring that they are backed by sufficient resources and legal mechanisms which actually work to protect victims.
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