Protections against domestic and sexual violence must be extended to all, ABA leaders say
Jaime Hawk introduced Resolution 109A to the ABA House of Delegates on Tuesday. Photo by ©Kathy Anderson.
The ABA’s House of Delegates addressed the hot-button issue of sexual violence with three resolutions passed on Tuesday.
Resolution 109A was the first of three resolutions sponsored by the ABA’s Commission on Domestic and Sexual Violence. It urges colleges and universities to recognize a right to an education free of domestic, sexual, stalking, partner and gender-based violence; to adopt and enforce policies that protect victims; to train students and employees on the subject; and to collaborate with outside support groups and criminal justice systems.
It also asks higher education institutions to protect the privacy of victims, and reject mandated reporter requirements for students and employees. And it urges Congress to fund education on related laws, and all governments to adopt remedies and enforcement to fight these types of violence.
Jaime Hawk, an adjunct professor at Gonzaga University School of Law and an assistant federal defender with the Federal Defenders of Eastern Washington and Idaho, moved the resolution. The only other speaker was Stephen Saltzburg of the ABA Criminal Justice Section. Saltzburg, a professor at George Washington University Law School, spoke in favor of the resolution, but wanted to emphasize the inclusion of due process for both the accused and the accusers. This has been a point of criticism in the past for schools, with both sides arguing that campus-based hearings lack the protections of a court of law.
The Criminal Justice Section specifically asked to include language “assuring that the rights of those accused of such acts are recognized, respected and protected,” Saltsburg said. That language was added, and the resolution was adopted as revised.
The second of the resolutions, 109B, also passed. It urges governments to extend civil protection order statutes on partner, sexual, stalking and dating violence to lesbian, gay, bisexual and transgender individuals.
Jimmy Goodman, the director of Crowe & Dunlevy in Oklahoma City, moved the resolution. He cited statistics showing comparable or higher rates of partner violence among gay, lesbian and bisexual people, and much higher rates among transgender people. Many local statutes on the subject don’t cover same-sex partners, he said. In fact, he said a backlash in some states against the U.S. Supreme Court’s ruling making same-sex marriage a constitutional right could actually hurt the cause.
“It seems like this is something that we shouldn’t even need to bring before the House, but it is,” he said.
With Resolution 109C, the Board of Governors agreed that freedom from domestic, dating, sexual, stalking and gender-based violence is a fundamental human right. Mark Schickman, and attorney with Freeland Cooper & Foreman in San Francisco, moved the resolution. Schickman said sexual violence has been ingrained in our culture for centuries. In the 21st century, he said, we have examples not only with overseas groups like Boko Haram, but also here at home with the recent publicity for more than 40 women who have accused comedian Bill Cosby of drugging and raping them.
“This is another tool in the arsenal to get another remedy and to get an argument out [against] the most pervasive harm we know,” said Schickman.
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