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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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Death of 40 Haitians in Boat Fire Shows 'Crucial Need' for Safe, Legal Migration: UN
"Haiti's socio-economic situation is in agony," said one advocate. "The extreme violence over the past months has only brought Haitians to resort to desperate measures even more."
Jul 19, 2024
United Nations experts on Friday renewed calls to protect migrants following the death of at least 40 Haitians in a boat fire in the Atlantic Ocean.
The New York Timesreported that over 80 people were packed into the vessel when it caught fire off the coast of Cap-Haïtien en route to the Turks and Caicos Islands.
The United Nations' International Organization for Migration (IOM) said that 41 migrants were rescued by the Haitian Coast Guard, with 11 of the survivors including burn victims rushed to the nearest hospital.
"This devastating event highlights the risks faced by children, women, and men migrating through irregular routes, demonstrating the crucial need for safe and legal pathways for migration," said Grégoire Goodstein, IOM's chief of mission for Haiti. "Haiti's socio-economic situation is in agony. The extreme violence over the past months has only brought Haitians to resort to desperate measures even more."
Haiti is enduring a humanitarian and security crisis in which over 1,000 people have been killed, wounded, or abducted by members of gangs that control much of the capital, Port-au-Prince. Hundreds of Kenyan police officers have been deployed to Haiti as part of a multinational force tasked with restoring order.
According to IOM:
The lack of economic opportunities, a collapsing health system, school closures, and the absence of prospects are pushing many to consider migration as the only way to survive... IOM research found that 84% of migrants returned had left to seek job opportunities abroad. For the vast majority of Haitians, regular migration is an extremely challenging journey to consider, let alone pursue, leaving many seeing irregular migration as their only option, a particularly life-threatening one in most instances.
IOM said the Haitian Coast Guard "has observed an increase in the number of attempts and departures by boat" in recent months.
"Coast guards from countries in the region, including the United States, the Bahamas, the Turks and Caicos Islands, and Jamaica have also reported a growing number of boats originating from Haiti being intercepted at sea," the group said. "More than 86,000 migrants have been forcibly returned to Haiti by neighboring countries this year. In March, despite a surge in violence and the closure of airports throughout the country, forced returns increased by 46%, reaching 13,000 forced returns in March alone."
Amid pressure from hundreds of advocacy groups—and alleged abuse of Haitian migrants by U.S. border authorities—the Biden administration in 2022 extended deportation protections, known as Temporary Protected Status (TPS), for more than 100,000 Haitians already in the United States through this August 3. This marked a departure from the administration's earlier mass deportation of Haitian asylum-seekers.
Last month, the administration further extended TPS eligibility for over 300,000 Haitians in the U.S. for an additional 18 months, a move hailed by migrant rights advocates.
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Progressive International Applauds Kenyans for Rising Up to Defeat IMF Austerity Bill
"They refuse to become another laboratory for neoliberalism—impoverished, beaten, or killed for the benefit of foreign corporations and their lackeys in the Kenyan government."
Jun 27, 2024
Progressive International on Thursday applauded the people of Kenya for taking to the streets en masse to defeat an International Monetary Fund-backed legislative package that would have hiked taxes on ordinary citizens as part of an effort to repay the government's powerful creditors.
"Pushed through at the behest of the International Monetary Fund, the World Bank, and the U.S. State Department, the bill would impose severe austerity measures and crippling taxes on Kenya's working people, who are already strained by Kenya's legacy of colonial underdevelopment," Progressive International said in a statement.
"The Progressive International stands firmly with the people of Kenya," the organization added. "They refuse to become another laboratory for neoliberalism—impoverished, beaten, or killed for the benefit of foreign corporations and their lackeys in the Kenyan government."
The Kenyan government's proposal, welcomed by the IMF as necessary for "debt sustainability," triggered massive youth-led protests in the nation's capital last week as thousands of citizens already immiserated by sky-high living costs flooded the streets to express outrage at the U.N. financial institution and their government for fueling the crisis.
The government crackdown was swift and deadly, with police using tear gas and live ammunition to beat back demonstrators calling for the withdrawal of the proposed bill and the resignation of President William Ruto, who took office in 2022.
Protesters achieved one of their objectives Wednesday when Ruto announced he would not sign the tax legislation, just days after he
ordered the country's military to help suppress the demonstrations.
"Listening keenly to the people of Kenya who have said loudly that they want nothing to do with this finance bill, I concede, and therefore, I will not sign the 2024 finance bill, and it shall subsequently be withdrawn," Ruto said in an address to the nation, which spends more than a quarter of its revenue on debt interest payments.
"The protesters we have been speaking to are still very angry, still very frustrated, they hold the president responsible for the deaths of those young Kenyans across the country."
As The Associated Pressreported, the withdrawn measure would have "raised taxes and fees on a range of daily items and services, from egg imports to bank transfers."
Kenya's public debt currently stands at $80 billion, around $3.5 billion of which is owed to the IMF—an explicit target of protesters' ire.
"Kenya is not IMF's lab rat," declared one demonstrator's sign.
The IMF said in a brief statement Wednesday that it was "deeply concerned" about the "tragic events" in Kenya and claimed its "main goal in supporting Kenya is to help it overcome the difficult economic challenges it faces and improve its economic prospects and the wellbeing of its people."
“Kenya is not IMF’s lab rat”
“I was in my healing era” pic.twitter.com/xLt2GG51hf
— Larry Madowo (@LarryMadowo) June 20, 2024
As Bloomberg's David Herbling wrote over the weekend, Ruto "has spent his first two years in office ramming through a slew of unpopular taxes—on everything from gasoline to wheelchair tires, bread to sanitary pads—thrilling international investors and the IMF, which has long urged Kenya to double its revenue collections to address its heavy debt burden."
Ruto's withdrawal of the tax-hike bill appeared unlikely to fully quell mass discontent over the president's IMF-aligned economic policies as protests continued on Thursday.
"The protests today are not as big as they were two days ago but they are still no less intense where they are happening," Al Jazeera's Zein Basravi reported from Nairobi. "If President Ruto, protesters say, had signed off on killing the tax bill 72 hours ago, a week ago, these protests might not be happening. But the decision he made, the concession, has come too little too late, and it has not gone far enough, and it has come at the cost of too many young lives."
"The protesters we have been speaking to are still very angry, still very frustrated, they hold the president responsible for the deaths of those young Kenyans across the country, 23 killed," Basravi added. "And they hold Parliament responsible for not standing stronger, standing firmer, against the president as they feel he was overreaching his position."
U.S. Rep. Ilhan Omar (D-Minn.) said in a statement Wednesday that it is "crucial to recognize that the International Monetary Fund's austerity conditions have contributed to the economic hardships facing Kenyan citizens."
"These measures often disproportionately affect the most vulnerable populations and can exacerbate social unrest," continued Omar, who chairs the U.S.-Africa Policy Working Group. "It is imperative that protesters remain peaceful as they continue to demand change. I stand in solidarity with the people in the wake of both state violence and IMF-imposed austerity measures."
"The Kenyan government must immediately disclose the location and condition of all those who have been taken into custody or disappeared, cease the use of excessive force, respect the right to peacefully protest, and continue to engage in meaningful dialogue to address the legitimate concerns of its citizens," Omar said.
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