Bills to Promote the Civil Rights of Women Introduced

Laws would Hold Perpetrators Accountable and Affirm that Violence Against Women is an Affront to Equality

Although our society has recognized that harmful acts motivated by victims' race, religion, ethnicity or sexual orientation, represent civil rights abuses, it has been slow to recognize gender violence and violence against women as a problem of equal magnitude. Tragically, approximately 650 women are raped everyday in the U.S., and nearly one in four women reports experiencing intimate partner violence at some point in her life. Two bills, recently introduced into the state legislature, will hold perpetrators accountable and advance an understanding that violence against women is destructive to society and degrades the civil rights of all women.

Call your state legislators and tell them to, “co-sponsor LRB-0014, The Wisconsin Gender Violence Act, being circulated by Rep. Berceau and the Wisconsin Gender Hate Crimes Act, LRB-3091, being circulated by Rep. Parisi.”

The Wisconsin Gender Violence Act

The Wisconsin Gender Violence Act has its roots in the historic Violence Against Women Act (VAWA). In the lead-up to passing the VAWA, Congress recognized that violence against women constituted a grave civil rights problem and economic burden on the nation. Congress responded by giving victims the civil right to hold perpetrators accountable in federal courts. Under Title III of VAWA, victims of gender-motivated violence could sue their perpetrators in federal courts to recover costs and expenses.

In 2000, the United States Supreme Court struck down the civil right created in VAWA. Christy Brzonkala, a Virginia Tech freshman, was raped by two football players. After school administrators and law enforcement failed to adequately respond, Christy sued her attackers in federal court under Title III of VAWA. Unfortunately, the Court held that Congress exceeded its authority in opening the federal courts to victims of gender violence and dismissed the suit. However, the Court ruled that states could provide victims with a civil right to sue perpetrators.

The Wisconsin Gender Violence Act will provide the same cause of action in state court that would have been provided under Title III of VAWA.

Talking Points:

The GVA will:

· Recognize violence against women as a serious civil rights issue.

· Allow victims to shift the financial burdens of sexual assault and domestic violence back to where they belong—in the pockets of those who batter and rape.

· Make it more likely that survivors will obtain justice. Because our society is relatively new to recognizing and responding to the realities of sexual assault and domestic violence, there is a limited legal history of survivors suing rapists and batterers in civil court. Therefore, lawyers are more reluctant to take cases based on gender violence, relative to other personal injury suits. The GVA would provide a specific statutory cause of action, which will encourage private lawyers to represent victims.

Wisconsin Gender Hate Crimes Act

Wisconsin criminal law recognizes crimes motivated by the victim's race, religion, color, disability, sexual orientation, national origin or ancestry as hate crimes. Wisconsin is part of the minority of states that do not classify crimes motivated by the victim's gender as hate crimes.

With the Wisconsin Gender Hate Crimes Act, Wisconsin law will clearly reflect the seriousness of violence against women by including gender motivated crimes as hate crimes.

Talking Points:

· Wisconsin was the first state to enact a hate crimes law in 1992. Wisconsin should join the majority of states that recognize crimes motivate by gender as hate crimes.

· Acts of violence against women are hateful; they are meant to demean and control women. Prosecutors should have the ability to charge these crimes appropriately.

Call your state legislators and tell them to, “co-sponsor LRB-0014, The Wisconsin Gender Violence Act, being circulated by Rep. Berceau and the Wisconsin Gender Hate Crimes Act, LRB-3091, being circulated by Rep. Parisi.”

Violence Against Women Bills Formally Introduced into State Legislature

A number of bills were recently formally introduced into the State Legislature.

A bill to require a victim's lock be changed within 48 hours was introduced as Assembly Bill 400 and Senate Bill 274.

A bill to close the 72-hour no-contact loophole was introduced as Assembly Bill 410 and Senate Bill 283.

The Video Voyeurism Bill, which would allow courts to order video voyeurs to register as sex offenders was introduced as Assembly Bill 411 and Senate Bill 281.