Justice for Survivors: ABA Commission on Domestic & Sexual Violence marks 30 years of advocacy
The ABA Commission on Domestic Violence is marking 30 years of helping victims. (Photo by John O'Brien/ABA Journal)
In 1994, the American Bar Association established the ABA Commission on Domestic Violence to increase access to justice for victims of domestic violence, sexual assault and stalking.
The ABA Commission on Domestic & Sexual Violence, as it’s now known, celebrates its 30th anniversary this year. Over the past three decades, the commission has become a nationally recognized leader, committed to equipping lawyers, judges and advocates with technical assistance and comprehensive training on survivors’ complex legal issues. It has also been at the forefront of crucial policy and legislative advances, ensuring the legal system protects the rights and safety of victims while upholding the highest standards of justice and advocacy.
Surveys of domestic violence survivors’ legal needs highlight the critical nature of this work. The 2023 Domestic Violence Counts Report found the lack of access to legal services poses a “significant barrier” for survivors seeking to escape abuse. Among the barriers: Filing for divorce or custody, obtaining protective orders, and pressing criminal charges are often lengthy, complex and expensive processes.
Central to the ABA’s advocacy since shortly after the commission’s formation is supporting and strengthening the Violence Against Women Act. This landmark legislation, enacted in 1994, has been instrumental in providing protections and resources for survivors of domestic violence, sexual assault and stalking. As part of VAWA, the commission receives funding from the Department of Justice to train lawyers and other participants in the legal system who intersect with domestic abuse survivors.
After being reauthorized three times since its original enactment, the legislation lapsed in 2018 and stalled in Congress, although funding remained in place. As part of the National Task Force to End Sexual and Domestic Violence, the ABA consistently advocated for VAWA’s reauthorization, including in meetings with and letters to congressional leaders.
In a February 2022 letter to congressional leaders, then-ABA president Reginald Turner thanked a bipartisan group of U.S. senators for backing the reauthorization. He praised key leaders of this group for their “unwavering willingness to work across the aisle to obtain Senate passage of this much-needed legislation.”
A series of improvements
As part of VAWA’s reauthorization, the ABA successfully advocated for several improvements, including allowing individuals to sue in federal court if someone disseminates intimate images of them without their consent. Additionally, the ABA supported a measure that affirmed tribal criminal jurisdiction over non-Indian perpetrators of sexual assault, stalking, child abuse and sex trafficking.
In March 2022, President Joe Biden signed the VAWA reauthorization into law as part of the Appropriations Act of 2022. After the measure’s enactment, the ABA launched a campaign to alert lawyers to it.
The 2022 ABA Day, held shortly after VAWA’s reauthorization, featured a social media campaign encouraging lawyers to thank members of Congress for passing the legislation. This advocacy campaign successfully generated over 1,000 letters to Congress. The event also included a video message from Academy Award-winning actress and global humanitarian Angelina Jolie, who highlighted the injustices faced by domestic violence survivors in the U.S. legal system and the challenges encountered by lawyers and advocates.
The ABA’s advocacy for VAWA highlights its ongoing commitment to advancing justice and expanding the legal protections available to those affected by gender-based violence.
Since 1978, the ABA House of Delegates has approved more than a dozen resolutions on domestic violence. At the 2018 ABA Annual Meeting, it adopted a resolution urging all employers to enact formal policies on workplace responses to domestic, dating, sexual and stalking violence.
In 2020, the House of Delegates voted to urge law enforcement agencies nationwide to adopt the U.S. Department of Justice’s principles on the appropriate handling of sexual assault and domestic violence crimes.
As part of its outreach to the legal community, the commission has published a lawyers’ handbook on domestic violence that offers guidance on numerous complex legal areas—such as family and bankruptcy courts, criminal issues, housing and health law—that survivors of domestic abuse may encounter. It trains civil legal services lawyers and prosecutors and provides resources on access for LGBTQ survivors to the legal system. The commission also partners with the DOJ and agencies across the U.S to provide practical knowledge and training in representing victims of domestic violence, sexual violence and stalking.
As the landscape of domestic and sexual violence evolves, the ABA, working with its Commission on Domestic & Sexual Violence, will continue its steadfast advocacy for robust legal protections and innovative policies that address emerging challenges faced by survivors. Celebrating the commission’s 30th anniversary reminds us to recommit to ensuring the legal system is a refuge of justice for all victims and survivors of domestic violence, sexual assault and stalking.
This report is written by the ABA Governmental Affairs Office and discusses advocacy efforts by the ABA relating to issues being addressed by Congress and the executive branch of the U.S. government.
