[Senate Hearing 111-977] [From the U.S. Government Publishing Office] S. Hrg. 111-977 THE INCREASED IMPORTANCE OF THE VIOLENCE AGAINST WOMEN ACT IN A TIME OF ECONOMIC CRISIS ======================================================================= HEARING before the COMMITTEE ON THE JUDICIARY UNITED STATES SENATE ONE HUNDRED ELEVENTH CONGRESS SECOND SESSION __________ MAY 5, 2010 __________ Serial No. J-111-89 __________ Printed for the use of the Committee on the Judiciary U.S. GOVERNMENT PRINTING OFFICE 66-328 WASHINGTON : 2011 ----------------------------------------------------------------------- For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC area (202) 512-1800 Fax: (202) 512-2104 Mail: Stop IDCC, Washington, DC 20402-0001 COMMITTEE ON THE JUDICIARY PATRICK J. LEAHY, Vermont, Chairman HERB KOHL, Wisconsin JEFF SESSIONS, Alabama DIANNE FEINSTEIN, California ORRIN G. HATCH, Utah RUSSELL D. FEINGOLD, Wisconsin CHARLES E. GRASSLEY, Iowa CHARLES E. SCHUMER, New York JON KYL, Arizona RICHARD J. DURBIN, Illinois LINDSEY GRAHAM, South Carolina BENJAMIN L. CARDIN, Maryland JOHN CORNYN, Texas SHELDON WHITEHOUSE, Rhode Island TOM COBURN, Oklahoma AMY KLOBUCHAR, Minnesota EDWARD E. KAUFMAN, Delaware ARLEN SPECTER, Pennsylvania AL FRANKEN, Minnesota Bruce A. Cohen, Chief Counsel and Staff Director Matthew S. Miner, Republican Chief Counsel C O N T E N T S ---------- STATEMENTS OF COMMITTEE MEMBERS Page Feingold, Hon. Russell D., a U.S. Senator from the State of Wisconsin, prepared statement.................................. 48 Leahy, Hon. Patrick J., a U.S. Senator from the State of Vermont. 1 prepared statement........................................... 61 WITNESSES Carbon, Susan B., Judge, Director, Office on Violence Against Women, U.S. Department of Justice, Washington, DC.............. 3 Gelles, Richard J., Ph.D., Dean, School of Social Policy & Practice, University of Pennsylvania, Philadelphia, Pennsylvania................................................... 20 Ulloa, Lolita, Managing Attorney, victim Services division, Hennepin County Attorney's Office, Minneapolis, Minnesota...... 18 Watersong, Auburn L., Economic Justice Specialist, Vermont Network Against Domestic and Sexual Violence Montpelier, Vermont........................................................ 16 QUESTIONS AND ANSWERS Responses of Susan B. Carbon to questions submitted by Senator Sessions....................................................... 29 SUBMISSIONS FOR THE RECORD Carbon, Susan B., Judge, Director, Office on Violence Against Women, U.S. Department of Justice, Washington, DC, statement... 36 Gelles, Richard J., Ph.D., Dean, School of Social Policy & Practice, University of Pennsylvania, Philadelphia, Pennsylvania, statement........................................ 49 Sargent Shriver National Center on Policy Project, Wendy Pollack, Director Women's Law and Policy Project, Chicago, statement.... 63 Ulloa, Lolita, Managing Attorney, Victim Services Division, Hennepin County Attorney's Office, Minneapolis, Minnesota, statement...................................................... 66 Violence Against Women Act (VAWA), Janice Shaw Crouse, Austin, Texas, statement............................................... 73 Watersong, Auburn L., Economic Justice Specialist, Vermont Network Against Domestic and Sexual Violence Montpelier, Vermont, statement............................................. 78 Women's Legal Defense and Education Fund, Lisalyn R. Jacobs, Vice President of Government Relations at Legal Momentum, and Maya Raghu, Senior Staff Attorney at Legal Momentum, articles....... 101 THE INCREASED IMPORTANCE OF THE VIOLENCE AGAINST WOMEN ACT IN A TIME OF ECONOMIC CRISIS ---------- WEDNESDAY, MAY 5, 2010 U.S. Senate, Committee on the Judiciary, Washington, DC. The Committee met, pursuant to notice, at 10:09 a.m., in room SD-226, Dirksen Senate Office Building, Hon. Patrick J. Leahy, Chairman of the Committee, presiding. Present: Senators Leahy, Whitehouse, Klobuchar, Franken, Sessions, and Hatch. OPENING STATEMENT OF HON. PATRICK J. LEAHY, A U.S. SENATOR FROM THE STATE OF VERMONT Chairman Leahy. Now that we have settled all the problems of the world, up here are Senator Franken and Senator Klobuchar, Senator Sessions, and Senator Hatch. Glad to have you here, and we will begin soon, of course, with the Director of the Office on Violence Against Women, Susan Carbon, and I thank you for being here. We all know that the Violence Against Women Act, or VAWA, was a watershed piece of legislation. It was enacted 15 years ago, with the support of many of us on this Committee, and it is just as crucial now as it was 15 years ago. It has provided critical, sometimes life-saving, assistance to countless survivors of domestic and dating violence, sexual assault, and stalking. The legislation shed light on the national problem of violence against women and marked a bipartisan commitment to confront and end domestic and sexual violence. Those of us on this Committee who have been prosecutors know how important it has been. Now, since that time, we have responded with better laws, social support, and coordinated community responses. I was proud to work on the original VAWA bill. I am pleased with what it has accomplished. Our communities and families are safer today because of the law. And as we begin to reconsider the reauthorization of the law, it is important to note that, for all we have accomplished, there is more to be done. Unfortunately, the problem of domestic and sexual violence persists, and in times of economic crises, the victims become even more vulnerable. The Violence Against Women Act has transformed our criminal justice system. It has improved legal and law enforcement response to the complex issues of domestic and dating violence. It cannot be clearer than it is today as our country copes with a troubled economy. The economic pressures of a lost job or home or car can add stress to an already abusive relationship. As victims' needs grow, state budget cuts are resulting in fewer available services, including child care, counseling, transitional housing, and so on. Unfortunately, these services can sometimes mean the difference literally between life and death for some victims. I advocated for increased funding of VAWA programs in the American Recovery and Reinvestment Act. I was pleased that the Recovery Act included $50 million for transitional housing assistance. But I think we have to go further. We have to prioritize our response to the high rates of violence experienced by Native American and immigrant women. We have to think of new and better ways of doing these things. Senator Murray, a long-time supporter of VAWA, has introduced a bill I am proud to cosponsor to provide victims with unpaid leave for legal and medical appointments, eligibility for unemployment insurance, and protection from employment and insurance discrimination. These policies make good sense, and I know in my own State, the Vermont Network Against Domestic and Sexual Violence is at the forefront of these innovative approaches. They have leveraged private resources with Federal, State, and local financial support, and the Vermont Network does a great deal. It helps survivors with a variety of needs from budgeting to credit repair to employment counseling, and I could go on and on about the way they do help. So we are going to hear today from Judge Susan Carbon, the Director of the Office on Violence Against Women. Judge Carbon has led efforts to combat domestic violence at the State and national level. I look forward to hearing her perspective. Judge, after you turn we will hear from Auburn Watersong, an Economic Justice Specialist at the Vermont Network Against Domestic and Sexual Violence, and we are going to hear from Lolita Ulloa of the Victim Services Division at the Hennepin County Attorney's Office. I have a feeling why she was invited. And then we will hear from Richard Gelles, Dean of the School of Social Policy & Practice at the University of Pennsylvania. I apologize that the pollen in my voice is affecting me. That may be an advantage. [Laughter.] Chairman Leahy. Senator Sessions, I yield to you. Senator Sessions. Thank you, Mr. Chairman. We thank you, Judge, for being with us, and it is good that we look at this program. We need to make sure that it is fulfilling its mission, and you will be, I know, getting into the challenge of that. I just believe from my experience in the Federal Government and working with various different agencies that you need periodic re-evaluations and new excitement and recommitment to the basic mission. So I hope that you can bring that leadership to the effort. I think that there is much that we know about violence against women, much we know that works in reducing it. There are some things we do not know. I believe strongly that the primary function of our Federal response should be first to make sure that people throughout the States who carry out so much of this work are fully informed on the practices that are effective and that they, when there are things we do not know, help them find the information because they are constructing their own policies and procedures to deal with the tragedy of violence against women. Police officers and probation officers and others need to be informed on what is the best way to handle these situations. A lot of research has been done, but we still do not know as much as we would like to know. So I hope that you will take the lead in that in making sure that we properly inform our people throughout the country as to what the best policy should be. Thank you, and, Mr. Chairman, I look forward to the hearing. I do have some conflicts this morning, and I may not be able to stay with you the whole time, but thank you for conducting the hearing. Chairman Leahy. Thank you very much. Judge Carbon, please go ahead, and, again, thank you for being here. STATEMENT OF THE HON. SUSAN B. CARBON, DIRECTOR, OFFICE ON VIOLENCE AGAINST WOMEN, U.S. DEPARTMENT OF JUSTICE, WASHINGTON, DC. Judge Carbon. Thank you very much, Mr. Chairman. Chairman Leahy. And I will also tell Judge Davenport in Vermont the nice things you said about her. [Laughter.] Judge Carbon. Thank you. She is absolutely wonderful. Good morning, Chairman Leahy and Senator Sessions and members of the Committee. I am privileged and honored to be here this morning, and I thank you for the opportunity to speak with you about the vital role that the Violence Against Women Act has played in our efforts to end violence against women, and especially to highlight the importance of VAWA programs and policies in times of economic stress. The resources that are authorized by VAWA have never been more important than they are today. As our Nation confronts serious economic challenges, everyone is affected, particularly victims of domestic violence who are so often isolated. In the best of economic times, a victim worries about finding a job and shelter for her children. During an economic downturn, these obstacles and problems intensify. Indeed, victims may face additional obstacles leaving a dangerous environment. Organizations that often constitute the lifeline for victims are confronting economic crises of their own, resulting from reduced State and private funding. On one day alone in September of 2008, over 8,900 requests for services went unmet due to a lack of resources. Just a year later, that number had increased to nearly 9,300 unmet requests. I commend Congress, I commend all of you, for your leadership in recognizing these issues and in providing additional funding through the American Recovery and Reinvestment Act of 2009, which provided OVW with an additional $225 million to assist victims of domestic violence, dating violence, sexual assault, and stalking. This funding has filled critical gaps in services. The Violence Against Women Act has made a real difference in people's lives. Since 1995, over $4 billion have been awarded to States, territories, local governments, tribal governments, and nonprofit organizations to develop innovative strategies to respond to violence against women. Of particular note, VAWA brings together people from diverse backgrounds to improve community and systems responses. In my two decades on the bench, I have seen firsthand how we can better fulfill our own responsibilities if we work in concert with other professions. Effective issuance and enforcement of protection orders, for example, are greatly enhanced when advocates, law enforcement, judges, and prosecutors work together to ensure that our systems are seamless and, indeed, this in turn translates into enhanced safety for victims and their children. With VAWA funding, communities are forging effective partnerships among Federal, State, territorial, local, and tribal governments and among civil and criminal justice systems and victim advocates. VAWA-funded services reach hundreds of thousands of victims every year. In the first 6 months of last year, 2009, our OVW grantees reported that over 125,000 victims received over one quarter of a million (253,000) services. The Violence Against Women Act has been instrumental in changing the way our country perceives and addresses violent crimes against women. We are in the middle of a Department-wide commemoration of the passage of the Violence Against Women Act over 15 years ago. The goals of this anniversary campaign are three-fold: to raise public awareness, to build and renew coalitions among public and private sectors, and to end once and for all stalking, sexual assault, domestic violence, and dating violence for men, women, and children all across the country. We view this campaign not only as a vehicle to honor the accomplishments of the past 15 years, but as a platform for continued and expanded call to action. Although we can be rightfully proud of our accomplishments, we must also recognize that there is much to do. Historically, OVW has focused on intervention, and that is to say, providing services to victims and holding offenders accountable. VAWA has been successful at focusing on intervention after a violent crime has occurred, and clearly the need for services continues. As a judge, however, I have seen all too often the destructive cycle of violence play out through generations. If we are ever going to break the cycle of violence that plagues communities all across the country, then we need to broaden our focus and incorporate prevention strategies in all that we do. Congress has consistently demonstrated its commitment to assess what is working and to confront emergent challenges. As we consider the reauthorization of VAWA, we need to think about what steps we can take to prevent violence in the first instance so that we can avoid its serious aftermath. I cannot stress enough how important it is for Congress to reauthorize VAWA to sustain, strengthen, and enhance our Nation's efforts to end violence against women. I look forward to working with all of you to consider how reauthorization can help us respond to the many challenges that lay ahead. I want to thank you very much, Mr. Chairman, members of the Committee, for your commitment and for your time this morning, and I welcome the opportunity to address any questions that you might have. Thank you. [The prepared statement of Judge Carbon appears as a submission for the record.] Chairman Leahy. Thank you very much. Judge, as we reauthorize VAWA, the Violence Against Women Act, we have expanded it beyond just being a criminal justice response. As we have learned more about it, we have added some things to it. We have added ways to address more broadly the needs of victims, to become more comprehensive--I hate to use the term ``holistic,'' but sort of a holistic approach. Has that worked? Have we had successes doing that kind of expansion? Judge Carbon. Senator Leahy, we have had enormous progress and success in meeting needs through much of the work that we have done over the past 15 years. I think one of the greatest accomplishments of the Violence Against Women Act in its first instance has been to raise public awareness about the extent and the breadth and the complexity of the problem. We have expanded the services through what we characterize as a coordinated community approach to addressing domestic violence, sexual assault, dating violence, and stalking. And through these efforts to reach out to the public by engaging professions and community leaders in working together, we are able to address not only the criminal justice system but the civil justice system and expand our reach to understand the importance of providing a breadth of services to victims. We know next to achieving safety that victims need economic stability so that they may have a range of services provided to them. And being able to provide legal assistance, housing, and a breadth of other services is critically important. We know also that this is an area where our need exceeds our ability to provide all of the services, and we are hopeful to work with Congress as we look at reauthorization to broaden that scope. Chairman Leahy. Well, we put extra money in the Recovery Act, we put $225 million. I had argued strongly for that. We had a number of other leaders in the Senate who did. Has that had a good effect, or should we have done that? Judge Carbon. You absolutely should have done it, and we are so grateful that you did, and I want to thank all of you for your leadership in doing so. The Recovery Act funding, the $225 million, reached victims all across the country. We were hearing, and continue to hear, frankly, that there still remains great unmet need, and the National Victimization Survey has documented that information for us. But through the Recovery Act, we were able to provide further funds through our STOP grants to reach out through coalitions across the country, to fill jobs, to keep shelter services in place, to keep advocates in place, and be able to service the needs of victims both within local communities and in tribal communities as well. This has been extremely important. Chairman Leahy. You know, now is the time to look at where the needs might be, where there are some things that we should be looking at if we are going to be reauthorizing. This has always been a bipartisan effort up here in the reauthorization. Are there needs currently unmet? I am thinking of not only domestic violence, but dating violence, stalking. Some of these things are--one especially on the front page of the papers even today. Do we have to make legislative changes or funding changes? What would you--if you could just write the legislation--and I realize that it is a long way from that-- what are some of the things you want to do? Judge Carbon. We have lots of things we would like to do, and we are going to look forward to working with all of you to develop what that will look like. There are lots of priorities that we have around the unmet needs of victims, and in particular, as I mentioned in my statement, I think we need to not only provide services for victims, but I would like for us to be able to step back a bit to try to prevent violence in its first instance. So we have lots of priorities that I would classify first around prevention efforts so that we can reach out and stop this cycle of violence. Ultimately, in an ideal world, if we could stop violence, we would not need to worry about the next steps toward intervention. But the intervention services will remain critical, and in particular, as we look at housing assistance and economic stability for victims, that will be important. But our efforts around prevention I think are critically important. A second area that we will focus on, because it is a priority for the entire Department, are services around sexual assault. We have expanded our realm of domestic violence services in particular for the past 15 years. We believe that issues around sexual assault are also critically important and want to expand that. As you know, in the most recent iteration of VAWA, there were expanded services for sexual assault, and we would like to continue to expand that realm because the needs are so great. So we will be working and hope to work with all of you on expanding those resources. Chairman Leahy. Well, the idea of stopping it before it happens is so important. I still see so clearly a victim in the emergency room of our hospital in Burlington, Vermont, when I was a prosecutor, at 3 or 4 o'clock in the morning, and the victim telling me who did it, and then dying. And when we unraveled everything, the warning signs had been there. If there had been any place that person could have turned to for help, it never would have happened. Senator Sessions. Senator Sessions. Judge, as a State judge, you have a good perspective, and I guess the reality of these issues as a family judge particularly, you have seen it. Do you envision a fundamental alteration in the understanding we have already always had that the State and local jurisdictions should be the primary front-line entities who deal with violence against women? Judge Carbon. In my experience, Senator Sessions--that you--as a State court judge, a family court judge, the resources provided by the Violence Against Women Act have enabled us on the ground to reach victims and children---- Senator Sessions. No, I am just asking you fundamentally. Do you still envision or do you have a different view about the role of the Federal Government as an aider, assister, enabler of State and local programs? Or do you view that we would move more to a Federal kind of program? Judge Carbon. I would envision that we would retain our current framework. I think it has been very effective. Senator Sessions. How many jurisdictions throughout our Nation--if you would just hazard an opinion or give me a quick view--how many of these jurisdictions throughout our Nation effectively deal with violence against women--that is, have a protocol, a program, shelter homes, or trained probation officers, judges who understand that all crimes are not the same and have different needs and appropriate responses? Do you have an opinion of how well our State and local jurisdictions are performing? Judge Carbon. My belief is that they are performing very well. We have done, the office has done a great outreach to judges, prosecutors, advocates, law enforcement, shelter services all around the country. Having said that, we have turnover all the time, and there is a continuing ongoing need to train and educate people about good practice. One of the things the office has done particularly well is to promote and promulgate best practices for all of the different professions and for the community service providers. That to me is a hallmark of our effort and one which we will continue to do. Senator Sessions. I thank you. That is correct. You may have a good program working in a community, and some of the key players go or leave, and you are back to not effective as you would like to be. And as the Chairman said, properly intervening can be the difference between life and death. There is just no doubt about it. But we need to do that wisely. Now, there was as proposal a few years ago, in 2008, to consolidate a number of the Violence Against Women Act programs administered by your Department, and a hearing, I think, was held in the House on that. The stated purpose was to reduce the time grantees spent in applying for grants to eliminate earmarks and formulas and allow multiple needs to be addressed based on the needs of the jurisdictions. I know OJP Director Ms. Laurie Robinson has advocated in the past for more consolidation and more streamlining under the theory that you can get more money quicker directly to the people in need and actually reduce violence by better systems than would otherwise be the case. Are you open to those kind of reviews? She said she believed in that when she was confirmed. Are you open to those kind of reviews? And will you give it your best ideas how to help that local jurisdiction of which you used to be a part know where to apply, have simpler applications and a quicker response? Judge Carbon. Thank you, Senator Sessions. Having been a grantee myself and having been at the other end writing grants and administering grants, I can appreciate from the public standpoint how important it is to have a streamlined grant process. So I can bring that perspective to the office. I can also share with you that we have been looking at whether we should and can consolidate different programs because there is some duplication, if you will, of purpose areas, but we do not want to lose and not be serving everybody whom Congress has intended that we serve. So we are looking at that very carefully to see if we can streamline and how that might happen, but it is an issue that we are looking at. We are certainly---- Senator Sessions. I think our Members of Congress sometimes are quite proud of some proposal or program that they develop, but I think if you lead you might find there is real success in some of the streamlining and consolidation, and there might be some pushback at various places. And I know you want to respect Congress' view, but I think you should not hesitate as the person on the ground handling these issues to tell us what you think would make the program better. And I think you might find some things are accepted even though maybe you will have objections to others. But I hope you will do that, and thank you for your leadership. Judge Carbon. Thank you so much, Senator. Chairman Leahy. Thank you. We are going to go to Senator Klobuchar, and I am going to put a statement by Senator Feingold in the record. We will, of course, leave the record open for the rest of the day for any other Senators who want to put in statements. [The prepared statement of Senator Feingold appears as a submission for the record.] Chairman Leahy. Senator Klobuchar. Senator Klobuchar. Thank you very much, Chairman Leahy, for holding this important hearing. Thank you for being here as well. As we know, our economy is starting to rebound from the devastating job losses and the housing crisis that it has experienced over the past 2 years, and our States have likewise faced crises, budget crises, and we have seen drastic spending cuts across the board almost uniformly beginning with social services such as funding for domestic violence shelters or social work. This is very important for me. I headed up the county attorney's office. In fact, our next panel will feature someone who is a great leader nationally, Lolita Ulloa, in this area. And so we have been through cycles before, but my concern here is that we do not cut back on some of the services that we need the most for our victims to put themselves back in the job market and really break the cycle not only by prosecuting offenders but by actually making sure that they have a chance to succeed. And so one of the things, as we talk about this cycle, I noticed in your testimony was this idea of the cycle of children exposed to violence. And I think I have mentioned this to you before, but the idea was that kids that grow up in violent homes are much more likely to commit violence themselves. I remember we had a poster in our office when you walked in that was a picture of a Mom with a Band-Aid on her nose holding a baby, and it said, ``Beat your wife, and your kid will go to jail.'' So could you talk about the Attorney General's initiative and what role you think your office can play in reducing violence in the future in terms of kids growing up in these homes? Judge Carbon. Thank you, Senator. You have touched upon one of the most critical areas, in my view, and that is, children exposed to violence. And as you have said, it is an enormous problem for children being exposed to violence in homes because, as a judge, I have seen the experience of children in court, I have seen the experience of battered mothers bringing their children and trying to access services for them. We do know and the research shows that if children are exposed to domestic violence or other types of violence in their home, they will, as you say, grow up and suffer in any number of extraordinary ways. Their own development, their own psychological development can be arrested. Their ability to succeed at school can be affected. Their socialization can be affected. Their ability to form the important attachments to loving, caring parents can be affected. And so as they grow up, there is a tendency for them as well to become future victims of domestic violence or themselves as well to become perpetrators even within their own family. So it is an issue that we need to address and one of the reasons why the Attorney General is so committed to making this one of his signature items as Attorney General. We have recently issued a solicitation that is open, I believe now, until June 1st to invite jurisdictions to apply to become a demonstration site and also for some other grant opportunities to see how we can bring a holistic approach to serving the needs of children, in part to understand better research about how children are affected by domestic violence, what most appropriate services we can put in place for them, and how we can reach within communities to provide the holistic approach that children will need so that we can cut that cycle and stop that from continuing on. We will be looking at this and making this a departmentwide initiative for us, and we foresee our office working with other components within the Department to focus on the prevention activities around children exposed. Senator Klobuchar. Thank you very much. Another area you mentioned was homicide prevention, and I think people sometimes are startled by this fact that 45 percent of all female homicide victims in 2007 were killed by a partner. We just saw this recent horrible incident in the college in Virginia. I know that when you were a judge, you worked with the New Hampshire Domestic Violence Fatality Review Committee--we have a similar one in Hennepin County--which reviewed domestic violence-related deaths. Is that a model you think that other States can follow where you actually do like a hospital would do and look back at what went wrong in a surgery and try to identify the problem spots? Judge Carbon. Homicide prevention is a critical part of the overall prevention efforts that I foresee us looking at. In my view, having chaired that Committee and worked with other fatality review committees across the country, I can tell you that it is a very illuminating way to look at your systems, where gaps might have been, and then develop policies and protocols for preventing future homicides. It is a great way and a quintessential example of a collaborated, coordinated community response to domestic violence. The statistics would show us that between this morning and the time that we all go to bed tonight, three more people will die from a domestic homicide. It is an extreme problem, and if this approach that we know works, we would like to see this expanded. Senator Klobuchar. [Presiding.] Well, thank you very much, and I will put some questions in the record. I am going to turn this over to Senator Hatch about the work that you are doing with the full faith and credit and enforcing protection orders across State lines, which I know is always a frustrating piece for prosecutors of our business. Judge Carbon. Thank you, Senator. Senator Klobuchar. Senator Hatch. Senator Hatch. Thank you, Senator Klobuchar, and thank you, Judge, for being here and for your good work in this area. I remember back when I was Chairman of the Committee and we decided to do the Violence Against Women Act, it was not nearly as popular as it is today, but it is popular because of people like you, and many others, thousands of others across the country who really have done what is right with regard to not just women but young girls and children as well. As you know, it is a comprehensive legislative package designed to end violence against women, and I am really pleased to work with my colleagues to make sure we get this reauthorized and that this Committee continues its support of these legislative remedies. Again, let me thank you for appearing before us today. You have an important job in my eyes, and I am here to assist you and the Department of Justice. Although economic crisis does not cause domestic violence, it may increase existing violence in the home. Studies have shown that financial strain and unemployment are correlated to an increase in continuing domestic violence. Now, I have concerns that the current economic crisis and its effect on domestic violence not only impact every one of my fellow Utahans, but also victims of domestic violence across this Nation. The current economic downturn directly impacts victims of domestic violence who are seeking help to rebuild their lives. Now, is the Department of Justice accumulating data that tracks economic factors as a contributing factor to domestic violence? Judge Carbon. Thank you, Senator Hatch. We are looking at all of the elements that we can through research and through hearing from our grantees and from our TA providers about the extent to which the unmet needs exist and how we can better frame and provide services to track any trends in the increase, if there is, and what we can do about it to provide better services so that we are ensuring that we are able to meet those needs. Senator Hatch. My home State of Utah is considered by some a rural State. Rural areas are especially hard hit by the current economic downturn. In some rural communities, rape collection kits are not always subsidized. On some occasions, victims have to pay for their own rape kit. This is also becoming a growing trend in urban communities as funds for rape kits and DNA testing begin to dry up. I think we are all familiar with the horror stories of rape kits that contain good DNA samples sitting unprocessed in police evidence lockers. Now, these kits will sometimes sit for years while the perpetrators of sexual assaults remain free to target additional women for sexual assault. Let me just ask you, how is the Department of Justice ensuring that DNA samples and rape kits are being processed and suspects are being identified? Judge Carbon. Senator Hatch, thank you. This we recognize is an enormous problem. We need to understand the breadth and all the full component of what the issues are concerning why there is such a backlog and what we can do about it. The National Institute for Justice, which is a part of the Department of Justice, is going to be hosting an educational forum next month to look at the issue of the rape kit backlog, why it exists, whether it is from lack of resources for testing, lack of funding, or lack of quality. And we want to try to understand the nature and the breadth so that we can avoid those problems of people continuing to perpetrate sexual assault on women when the rape kits have not been completed. We also know that it is something which will take good research and good work, and we are anxious to work with everybody together to see what can be done to address that problem. Senator Hatch. A few years back, I was just appalled that some of these rape kits that had been collected sat idle for over 20 years, and the minute they started going into them, they started finding people and stopping some of the things that were going on. So we need to do a better job there. Judge Carbon. We could not agree more. Thank you. Senator Hatch. The need for services for victims of domestic violence is especially acute in rural communities. In certain communities, medical workers are thrust into the situation as the first-line detector of domestic violence. What training and resources are available to rural law enforcement and rural health care providers to assist them in detecting and reporting domestic violence in these communities? Judge Carbon. Thank you, Senator. We actually, through the Violence Against Women Act, have a separate funding stream that is dedicated to rural programs to reach out through local communities to address the unique nature of rural violence. Even if parts of the country which may not be designated as rural jurisdictions, there are major rural areas within jurisdictions. So this is a problem that is incumbent upon us to address to make sure that we can provide necessary resources and training through both the rural grant and through our STOP grants, our formula grants, to make sure that we can provide training and technical assistance to the grantees so they will know how best to reach and make sure that we are, in fact, connecting with as many victims as possible. Senator Hatch. Well, I want to thank you for the work that you are doing. I really appreciate it personally as the father of three daughters and what some people think are countless granddaughters and great-granddaughters. [Laughter.] Senator Hatch. We are very concerned about what you are doing. I want to make sure that you have the resources and that you have our backing fully, because the work you are doing is really, really very important, as far as I am concerned, and I am sure everybody on this Committee. So I want to thank you for the work that you are doing. Judge Carbon. Thank you very much, Senator. Senator Hatch. Thank you, Madam Chairman. I appreciate it. Senator Klobuchar. Thank you. And anyone who has seen Senator Hatch's holiday card will know that there are, in fact, a lot of daughters and granddaughters. Senator Franken. Senator Franken. Thank you, Madam Chair. Judge Carbon, thank you also for your work. You cited the numbers from a survey conducted by the National Network to End Domestic Violence. On just 1 day in 2009, over 9,000 requests for services made to domestic violence organizations were unmet because of lack of resources. My wife and I went down to Rochester, Minnesota, and there was a shelter there for women and their children, victims of domestic violence. It essentially was two houses put together. I think they could serve nine women and their children at one time--families. And they had 98-percent capacity or something, and women from the Rochester area could use it, but if they could not get in there, they had to go somewhere else. And sometimes they had to go pretty far away and could not maintain their jobs. I was wondering what are we doing to address this kind of lack of resource and to make sure that women, especially when we talk about the economic impact of all of this, that they can stay in their community, do their job, you know, keep their jobs, and get these kind of services. Judge Carbon. Thank you, Senator Franken. You have addressed a couple issues here which are critically important. The first is through our working through your reauthorization of VAWA in 2005, you looked at part of the economic issue through the transitional housing programs and through a new program for a resource center, a national resource center on workplace responses to domestic violence. And through that program, we are working with a number of national technical assistance providers to develop a system so that there are resources for employers so that they will know what good policies and practices are to help employers address victims who may be experiencing domestic violence in their homes but then come to work and are trying to ensure they can retain their jobs and what employers can do to assist them. We know that in a poor economy if victims lost their jobs, regaining employment will be critically important and difficult to do, and so we want to provide resources necessary for them to ensure that employers understand what their role would be in helping victims to retain their positions. We are also looking at other areas concerning transitional housing and the services that can be offered through that program. The Recovery Act, as I mentioned before, was very helpful in filling some of this gap in services, so both housing and security in jobs will be critically important. Senator Franken. In his testimony in the next panel, Dr. Gelles writes, ``It is difficult to determine with precise accuracy where monies and resources should be directed in reference to violence against women or family violence in general.'' I was wondering if you, Judge Carbon, have any ideas where monies and resources could be directed in reference to violence against women and family violence. Judge Carbon. I think Congress has done an extraordinary job of reaching out and providing services to victims in many different venues. It is critically important that advocacy services continue to be funded, that resources concerning employment security be looked at, that housing assistance be provided. One area in particular that I would like to highlight is the need for legal assistance for victims. We have a legal assistance funding stream, but we know that 70 percent of victims still do not have access to an attorney, even for protection order hearings, let alone the subsequent work regarding custody, other economic support which they are in dire need of. That is one of the most popular, if you will, grant programs which we have. Regrettably, we can only fund a third of the applications that come in through our requests for legal assistance. So we are looking at ways that we---- Senator Franken. That is an area where we could direct more resources. Judge Carbon. Absolutely. Senator Franken. We all know too well that Indian women are victimized more than any other population. In fact, according to Amnesty International, one in three Indian women has reported being raped in her lifetime. When VAWA was reauthorized in 2005, money was set aside to help tribal governments address violence against Indian women. Have you seen results from these programs? Do they need to be changed? Do they need to be expanded? Judge Carbon. Thank you, Senator. As you pointed out, on the VAWA 2005 reauthorization, it created a separate title for addressing domestic violence in Indian country, and so we have been following that guidance and have created a new position within our office, the Deputy Director for Tribal Affairs, and we have also worked to ensure that tribes all over the country have access to all of the funding streams which are available through the Violence Against Women Act. In the past few years, we have distributed $95 million to tribes across the country, and this is, as you have pointed out, the need for a departmentwide priority. So we are committed to ensuring that we can reach out and provide resources. In the President's budget, there is an increased request for assistance to tribal communities, and that will continue to be a priority area for us because the need is so great. Senator Franken. I am very glad to hear that. Thank you, Madam Chair. Senator Klobuchar. Senator Whitehouse. Senator Whitehouse. Thank you, Chairman, and welcome, Judge. Thank you for being here and thank you for your great work. This has been such an important office for a long time, the Domestic Violence Unit, and my Attorney General's office back in Rhode Island existed because of VAWA support and funding. And I would simply highlight a few of the points that some of my colleagues have already made. The prompt and proper processing of evidence is critical, and particularly when municipal budgets are stressed, trying to make sure that there is adequate funding for DNA testing and so forth is very, very important, and, frankly, I think a great cost saver in the long run from all the delays. But I would encourage you to work on that, as Senator Hatch suggested, and I am delighted to see in your testimony your emphasis and Attorney General Holder's emphasis on the effect of violence on children who are witness to it. I think that can actually be a valuable tool in getting through to the abusers and in empowering Moms--it usually is-- to make the right decision about getting away from abuse and protecting their children. In that light, I just want to hear your thoughts for a Mom who is in the situation of being subjected to domestic violence--the decision to leave home and seek protection is a really wrenching one. It is personally very difficult. It is painful. And it, unfortunately, is accompanied by enormous logistical hassle and challenges. And if people are already stressed just from their work life and the bad economy and things like that, that early stage where you may have to think about putting your kids in different schools and all the logistics related to that, you have to find your own new place to stay, you have to deal with the old bills so you do not lose your credit, at the same time you may have to pay new bills. You have to deal with lawyers and protective orders, and it all just kind of comes in at once, and it can be overwhelming. And so I think there is a really important period where women in particular need a great deal of support as they work through that, all those logistics when they make the decision to seek refuge and shelter. And I would encourage you to be as proactive in taking the best models of that around the country and deploying them as you could. Judge Carbon. Thank you very much. We certainly will do that. That is critically important, and we are very committed to doing that. Thank you. Senator Whitehouse. Thank you very much. Chairman Leahy. [Presiding.] I have no further questions, and we will keep the record open in case others do. Thank you very much, and I would ask--if you want to add something here, Judge, feel free. Judge Carbon. Let me just thank you all again for your time. The issues that you have raised this morning are extraordinarily important, and we very much look forward to working with you on the next reauthorization. So thank you again for your time this morning. It is a pleasure to be here. Chairman Leahy. Thank you very much. We will set up for the next panel. Chairman Leahy. I think we should probably introduce all the witnesses at once. The first one will be Auburn Watersong. She is an economic justice specialist of the Vermont Network Against Domestic and Sexual Violence. She has worked in the field for almost 15 years, is very well respected in the State of Vermont. She lives in Montpelier, Vermont--not totally coincidentally my birthplace. She has worked statewide to develop programming to address the long-term economic needs of victims of domestic and sexual abuse. She has worked with direct service providers to implement a plan for sustained safety that creates opportunities for victims to live lives free of violence, to economic stability and support. She received her bachelor's degree from Earlham College. She is currently enrolled at the Episcopal Divinity School in Cambridge, Massachusetts. Senator Klobuchar, I would turn to you to introduce our next witness. Senator Klobuchar. Very good. Well, thank you. I am proud to have Lolita Ulloa here on the panel. Lolita has been a managing attorney for the Victim Services Division of the Hennepin County Attorney's Office in the past 9 years. Prior to that, she was the director of the Domestic Abuse Service Center for 7 years, and she now sort of does both jobs, and I was proud to have promoted her onto my management team, and she remains on the management team to this day. Originally from Ecuador, Ms. Ulloa grew up in Massachusetts and received her law degree from the Suffolk University Law School, and she has just become a national leader on these issues and certainly taught me everything I know about this topic. So I am really honored to have her here, and she cares so much about the victims of domestic violence and really passes that on to the entire office and has made a difference not just in our office but through the county and through the State. So thank you for that, and thank you for being here. I think she is also maybe a hockey Mom. Is that right? Ms. Ulloa. There are other hockey Moms. Chairman Leahy. Do they play hockey in Minnesota? Ms. Ulloa. We do play. Senator Klobuchar. They play a little hockey. We do have the world's second largest hockey puck in Minnesota. [Laughter.] Senator Klobuchar. The first largest is in Canada. Chairman Leahy. There are so many things going through my mind that I am just going to--so far as these are televised, I will leave well---- Senator Klobuchar. I do not know if Senator Franken maybe wanted to say a few words, too. Chairman Leahy. Senator Franken. Another Minnesotan. Senator Franken. Well, welcome. And I know that Senator Klobuchar, as the attorney for Hennepin County, worked so closely with you and has nothing but the highest praise. And we, of course, have met on a number of occasions, and I admire your work. Thank you for being here today. Chairman Leahy. Thank you very much. The other witness will be Dr. Richard Gelles. He is the dean of the School of Social Policy & Practice at the University of Pennsylvania. He is also the current director for the Center for Research on Youth and Social Policy and co- director of the Field Center for Children's Policy Practice, and Research, widely published on the issue of domestic violence. I recall him working with the Congressional leaders in 1997 on the adoption of the Safe Families Act. He received his undergraduate degree from Bates College and his master's from the University of Rochester and his doctorate from my neighboring State, the University of New Hampshire. So we will begin with Ms. Watersong. Please go ahead. STATEMENT OF AUBURN L. WATERSONG, ECONOMIC JUSTICE SPECIALIST, VERMONT NETWORK AGAINST DOMESTIC AND SEXUAL VIOLENCE, MONTPELIER, VERMONT Ms. Watersong. Thank you, Senator Leahy. Chairman Leahy and distinguished members of the Committee, thank you for the opportunity to discuss the tremendous importance of the Violence Against Women Act in these challenging economic times. The Vermont Network is a statewide coalition of 15 domestic and sexual violence programs providing life-saving services to victims and their families. VAWA-funded programs are an essential part of our work in Vermont. These programs are all the more critical in light of the current economic crisis. I am here today to discuss the importance of expanding economic supports in the upcoming VAWA reauthorization. The survivor stories that I will share with you are true stories of victims whose names have been changed out of respect for their privacy and safety. Domestic and sexual violence can have a tremendous economic impact on victims, regardless of the state of the global economy. In the current economic crisis, however, the impact is even more dramatic. Although an economic downturn itself does not cause sexual or domestic violence, it can exacerbate the factors that contribute to violence, and it can reduce victims' ability to achieve safety and healing. Almost 50 percent of sexual assault survivors either lose their jobs or are forced to quit in the aftermath of the crime. When sexual or domestic violence occurs within a context of economic insecurity, getting help and moving forward with life often competes with very real basic life needs, such as putting gas in the car, paying bills, or keeping a roof overhead. Homelessness in Vermont has increased by 25 percent in the past 2 years. The lack of safe, affordable housing across Vermont and the Nation exacerbates the challenges faced by so many victims seeking safety. Ninety-two percent of homeless mothers reported physical or sexual abuse during their lifetimes. No victim should ever be left to choose between violence and homelessness. This is no choice at all. We are seeing an unconscionable gap between the desperate need of victims and the resources available to the direct service programs that support them. Not only do individual victims and families suffer, but the economy suffers through higher health care costs, higher costs to the criminal justice system, and more strain on underresourced social service systems. Abusers intentionally use tactics to limit and control victims' access to finances, transportation, housing, and banking. Victims report abusers interfering with their employment and running up debt to ruin their credit. Victims in Vermont and across the Nation face enormous economic hurdles. Given the rural nature of our State, lack of transportation and geographic isolation also present huge obstacles for many survivors, especially for those who may live hours away from life-saving services or law enforcement. Over the past 16 years, VAWA programs have done much to alleviate the immediate pressures that victims face. Since then, we have learned that despite our successes in triage and intervention, long-term sustainable safety depends largely upon economic self-sufficiency. With the assistance of private funding from the Allstate Foundation in collaboration with the National Network to End Domestic Violence, the Vermont Network has developed innovative collaborations in an effort to support victims and survivors in rebuilding their lives. This past year, we forged a creative partnership with a community credit union, a State agency, and a local community action program in order to develop a matched savings program for domestic violence survivors. This program promotes habitual money management skills development. It provides financial literacy training, credit counseling, and ultimately a 3:1 financial match for participants to use toward expenses such as medical debt, utility bills, car maintenance and repair, and rent. This matched savings program has proved incredibly promising. It has allowed the coalition to train our member programs who work with survivors on basic financial literacy skills, credit repair and reports, and pre-employment supports. According to our most recent mid-year report, of the 490 victims served by this grant, at least 76 percent have increased their long-term economic security. VAWA reauthorization should include this type of programming to help ensure that victims move toward economic self-sufficiency. Maria was unemployed when she sought safety at a shelter in Vermont. Despite her master's degree, Maria required the skills and empowering support of the economic advocates and the knowledge of community financial educators to assist her in reaching her economic goals. With help, Maria has developed a detailed business plan and established a base of references and formed promising business contacts. Jane arrived at a Vermont shelter with her five children. Having just been beaten by her partner, Jane's immediate need was safe shelter, yet the domestic violence shelter was full. With the assistance of an economic advocate, Jane and her children were able to find immediate safety in a motel, but were unable to find affordable housing. Jane returned to her abusive partner, but maintained her connection with advocates who helped her with housing applications, credit repair, and budgeting skills. Through those efforts, I am happy to report that this past weekend Jane and her five children moved into a safe and affordable apartment, and she is working with advocates to improve her credit score and gain her financial independence. These successes are possible through the support of VAWA funding and important financial commitments of partners like the Allstate Foundation and NNEDV. Through these creative collaborations, Vermont has been able to build critical programs and partnerships to help survivors on the road to economic empowerment. This model could be replicated nationwide given adequate resources. With this VAWA reauthorization, we have the unique opportunity to further broaden the scope of VAWA programs and protections by providing greater economic supports to victims and survivors. Congress right now has a unique opportunity to help victims become lifelong survivors by reauthorizing VAWA with strategic improvements which focus specifically on economic resources. In order to eradicate domestic and sexual violence and stalking, victims need a full range of economic supports behind them. Their safety requires long-term advocacy, accessible financial resources, workplace protection, unemployment compensation, supportive education, microenterprise opportunities, alternative savings programs, credit counseling, and knowledgeable community partners. Every victim deserves a chance at sustainable lifelong safety. This is their chance. Thank you. [The prepared statement of Ms. Watersong appears as a submission for the record.] Chairman Leahy. Thank you very much. Ms. Ulloa, how badly did I mispronounce your name? Ms. Ulloa. Senator Leahy, it was actually quite good compared to some of the other pronunciations I have had. [Laughter.] Chairman Leahy. I have so much respect for Senator Klobuchar and Senator Franken, and I love going to Minnesota, and I do not want to get the names of any of their constituents wrong, or they will not allow me to come out there. Ms. Ulloa. We will still let you come out. Chairman Leahy. Thank you. Please go ahead. STATEMENT OF LOLITA ULLOA, MANAGING ATTORNEY, VICTIM SERVICES DIVISION, HENNEPIN COUNTY ATTORNEY'S OFFICE, MINNEAPOLIS, MINNESOTA Ms. Ulloa. My name is Lolita Ulloa, and as the managing attorney for the Victim Services Division of the county attorney'S office, I supervise victim witness services. I also oversee the Domestic Abuse Service Center that was mentioned by Senator Klobuchar. This is a one-stop center for victims of domestic violence. Although our county makes up approximately one-quarter of Minnesota's population, this office helps victims obtain 50 percent of all of the restraining orders in our State. I want to thank the members of the Judiciary Committee for inviting me here. I especially want to thank Senator Amy Klobuchar for her continued unwavering support, her work, and her focus on these issues both as a Hennepin County Attorney and now as a Senator. As County Attorney, Senator Klobuchar always supported victims of domestic violence in her management of DASC, and she strengthened the work of the county attorney's office in the prosecution of domestic violence cases. She clearly understands the unique and tragic issues that face victims of domestic abuse. DASC was created in 1994 under the current County Attorney Mike Freeman. His vision led to a one-stop service center for victims of domestic violence that has now been replicated nationally--through the Family Justice Centers--as well as internationally. DASC allows victims to access criminal processes, Orders for Protection, advocacy services, plus economic assistance, child protection, and probation staff, along with other services. DASC's goals were very simple: easy access to services, in a safe, inviting environment, and holding abusers accountable. Collaboration is key to this success. This collaboration is even more important in times of economic crisis. We know that one of the main reasons women do not leave abusive situations is because they are financially dependent on their abuser. This reality is exacerbated during an economic downturn. Suddenly, women who need to leave abusive homes may face additional struggles because they have lost their jobs, had to sell their cars, or only have health care through their abuser. I have been a public service lawyer for 25 years. I have been involved with domestic violence issues for the majority of my legal profession. I know how the climate has changed since VAWA was enacted. There was finally Federal recognition that crimes of domestic violence and sexual assault and stalking against women would not be tolerated any longer. There was a shift in how violence against women is addressed in criminal justice offices and in the community, and for that I am thankful. Funding criminal justice offices remains, I believe, a critical need, especially when criminal justice offices forge partnerships with community agencies and social service programs. One way that VAWA has impacted the issue of domestic abuse is by offering trainings where States can discuss the varied approaches they use in their prosecution, probation, law enforcement, and advocacy work. Sharing best practices and protocols have resulted in these trainings being models that we have all used in our work. One particular area is how we treat women who have been strangled. Trainings have been the most valuable in emphasizing culturally competent services to victims from diverse communities. Understanding community-specific hardships, language barriers, religious values, and cultural assimilation plays an important role in effective intervention. This was a huge step that clearly demonstrates that the creators of VAWA understood the many dynamics of domestic violence. VAWA has done so many good things. I want to take this opportunity to focus on the work that is left to be done. I recently spoke with Liz Richards, who is the director of programming for our Minnesota Coalition for Battered Women, and we discussed the following issues that impact victims who are trying to leave, particularly during economic downturns. In many States--and even in Minnesota, which has been a leader on domestic violence issues always--child support is not always addressed in an Order for Protection hearing, and they are not consistent. The absence of financial support while the victim is trying to leave her abuser and make plans to care for herself, as you all have mentioned, and her children, is dangerous. Funding should be made available to district courts to work with community agencies in order to provide training and education for lawyers and advocates about the importance of addressing child support issues at the same time that Orders for Protection are issued. We must ensure, at least on an emergency basis, that victims have financial stability. This is critical. Recently, a woman came to DASC to obtain an Order for Protection because the father of her children had pushed, grabbed, and kicked her. She had a job and was also starting school, and her abuser had been providing child care. There was not a shelter opening. The next day the victims indicated that she wanted to drop the Order for Protection because she did not have any money to pay for child care. The victim had to work to stay in school. The abuser had a long criminal record and was not working. He already had a child support order. Financial independence, simply put, can make the difference in whether a woman stays or leaves. Another way that financial dependence can manifest itself in domestic violence cases relates to medical care. We have identified some long term issues such as medical complication that can follow the victim for the rest of their life. Collaboration is necessary between emergency medical professionals and also those that provide follow-up services. Ensuring that victims have access to long-term medical care and that different medical providers talk to each other is critical. Recently, the Minnesota Coalition hosted a ``Camp Sheila'' for battered women--named for Sheila Wellstone. Battered women were asked how long their divorces had been going on. Most cases were still in progress, even after 7 to 14 years. Usually, there was abuse of the Mom and the kids. The abuser used the court system repeatedly to manipulate and threaten the victim. The threat of losing the custody of their children was ever present. Imagine being forced to co-parent with someone who had beaten and terrorized you. Many of these women have no money for legal representation. This is another focus area. The huge impact of VAWA will never be fully captured because the success is marked by individual victims who have found a way out, and those voices may never be heard. The cycle has been broken. They are safe and that is the most important part of their lives. It is what we all hope and work toward every day. Thank you for the invitation. [The prepared statement of Ms. Ulloa appears as a submission for the record.] Chairman Leahy. Thank you very much. Dr. Gelles. STATEMENT OF RICHARD J. GELLES, PH.D., DEAN, SCHOOL OF SOCIAL POLICY & PRACTICE, UNIVERSITY OF PENNSYLVANIA, PHILADELPHIA, PENNSYLVANIA Mr. Gelles. Thank you, Mr. Chairman. Good morning, Mr. Chairman and members of the Committee. I appreciate the opportunity to testify before you this morning on this important and yet complex question of the impact of the current economic downturn on violence against women. I would add two things to your introduction: one, the caution that researchers are by our very nature contrarian; and then the second addition I do not have to add now, and that was I spent 25 years at the University of Rhode Island. A year ago, there was a spike in familicides, primarily males who killed their female partners and their children. This happened in the midst of the economic downturn, and our research team decided to see whether this was a ``canary in the mine shaft'' event that foreshadowed increases in child maltreatment and domestic violence. The answer to that question, as I say in my testimony, is elusive primarily because Federal data on child maltreatment, homicide, and violence toward women lag by 1 to 2 years. So the most recent data we have now for child maltreatment and violence toward women only cover up to the very beginning of this economic downturn. Prior to the economic downturn, the rate of intimate partner violence had dropped 50 percent between 1993 and 2005, almost completely uninterrupted by any economic downturns in 1990-91 and 2000-01. There has been a more shallow decrease in homicide of women at the hands of intimate partners. It is important to point out that in the same trend data, a small but significant number of male victims have remained flat, so there has been no impact either of the economy or Government programming or community efforts on a small but significant number of male victims. The impact of the Violence Against Women Act is likely to have played a role in that 50-percent downturn, and many of the statements made by the witnesses this morning speak to the importance of providing community services and the importance of changing the cultural attitude regarding violence toward women. I did not put it in my testimony, but the first time I testified before Congress on violence toward women was 1978, and when we got in the elevator, someone who was affiliated with a Congressperson but not a Congressperson said--assuming I was not in the elevator--``If you cannot beat your wife, who can you beat? '' One does not hear such a thing in public or in private anymore. Chairman Leahy. I tell you, if I ever heard that from somebody on my staff, they would be fired on the spot. Mr. Gelles. No one said anything, and the elevator was full. Things have changed enormously, and I suspect that that cultural attitude plays an enormous role in support for the Violence Against Women Act and the decrease. However, the Violence Against Women Act is unique as a piece of Federal legislation in that it is rather narrowly constructed, located primarily in the Justice Department, with a goal of protecting women through a relatively narrow continuum of care. So if it is time to revisit the Violence Against Women Act, I would argue strongly from the point of view of the research community that the Violence Against Women Act should profit from 16 years of research that have gone on since the Act was first enacted and to develop a broader, more evidence-driven bill and funding that could be even more effective than the funding that has been in the initial iterations of the bill for the last 16 years. Thank you for the opportunity to speak before you this morning. [The prepared statement of Mr. Gelles appears as a submission for the record.] Chairman Leahy. Thank you, and I think there have been a lot of changes in attitude since the time of that. But I think we can all agree we still have a long way to go. I am going to yield to Senator Klobuchar, who has to go to a press conference, and then I will yield to Senator Franken, who has been here patiently all through this, and then I will wrap up. Senator Klobuchar. Senator Klobuchar. Thank you very much, Mr. Chairman, and I thank all of you. I just wanted to clarify one thing, and first of all, thank you, Dr. Gelles, for pointing out this cultural shift. But one thing--either of you can answer on the front line, Ms. Watersong or Ms. Ulloa, and that is, in his testimony Dr. Gelles discussed the fact that a broader assessment of VAWA is that not only did VAWA ignore services and resources for male victims of intimate partner violence, but the law is unique in terms of Federal legislation aimed at the problem of violence and abuse in families. So just to point out, do you also serve male victims of domestic violence or do you turn them away? Ms. Watersong. Thank you, Senator. In Vermont, we do serve male victims as well, and in last year alone, we provided more than 300 men with supportive program services, and we safe- housed or sheltered 16 men in Vermont. So, yes, we do serve---- Senator Klobuchar. Has that been changing over the years? Do you think there has been more male victims? Ms. Watersong. I cannot say that I have the statistics on that, but I know that I have been working in this for 15 years, and since the very beginning we have always accepted male victim calls and always worked with them, just as we have with women. Senator Klobuchar. OK. Ms. Ulloa. Ms. Ulloa. Thank you, Senator Klobuchar. In our office and in our State, I think we do a very good job and are very proactive in making sure that victimization of anyone is addressed. And in particular, when there is a male that calls our office, we provide the same type of services and full range of services, including advocacy services for those individuals. I think VAWA has done a great deal of work in ensuring that the programs that are recipients of their money make sure that all of the services that are provided to women and to the children are also provided to male victims. Senator Klobuchar. Thank you. You mentioned in your testimony, Ms. Ulloa, that as we look at this economic issue-- and, again, I think I liked what Ms. Watersong said about how it is not necessarily that an economic downturn creates more domestic violence, but we do not really have those facts right now, but what we have, as Dr. Gelles pointed out, we do know it is harder for them to get back on their feet because there may not be a job or there may not be the resources out there. You talked specifically about child support orders. How do you think we could do a better job to ensure that women get their child support as soon as possible and integrate that into how we focus on domestic violence? Ms. Ulloa. Thank you, Senator Klobuchar. I think one of the things that would be critical is supporting the work that VAWA has done previously in trainings in different areas, either the medical or the prosecution. Now I think there is an area where we need some improvement and some enhanced services, and that is, training in the child support area, whether it is the district court staff, the judges, which we have done a lot of training around with the judges, but also advocacy service to ensure that the protocols and procedures that are in place now are being viewed when you have a domestic violence victim, and that is different, and ensuring that that is a priority when we are setting child support orders, because that financial stability for that woman can allow her to make different choices and different choices for her children. Senator Klobuchar. One other thing that you raised--and I cared a lot about this when I was in the office of the county attorney--was working on police training. And I know one of the things we learned is that sometimes the police did not know what the lawyers want and the lawyers were not clear with the police, and it created a lot of issues and we tried to work those out by going around to every police department, not just with domestic violence but finding out exactly what the issues were. And I think we saw some improvement, and you raised this issue about police report writing, and you have testified that you have seen the quality of these reports improve recently. What are some of the problems? How could we address this with training as we look at the reauthorization of VAWA? Ms. Ulloa. Senator Klobuchar, thank you. I think that we are at a place, at least in Minnesota, where we have some very good and devoted law enforcement partners, and one of the things that we have done with the prosecutor's office and advocacy groups in general is providing some--and strengthen and support our law enforcement partners in ensuring that when they are looking at arriving at the scene of a domestic violence crime, that their documenting that they are--and I mentioned this in my testimony--that they ensure that the parties are separated, that we look at the medical needs, that the children as witnesses are also a focus of their investigation. And I think part of what happens is that we have built on what preliminarily started as good police report writing, and now we have another layer, and that is, ensuring that we have all the witness testimony, we get all the good investigation, we have the capturing of evidence which is critical for the prosecution of the cases. In addition to that, it is the response of the police officers themselves to the victims at the scene which has changed, and many times for women who are in these situations for a male officer or a female officer, a person of authority to tell them that they do not deserve to be beaten or treated this way can go--is beyond what they expect. And they have mentioned that when the response is that way, and I think that is the part that has changed with all the VAWA funding and the training. Senator Klobuchar. Thank you very much. Chairman Leahy. Thank you. Senator Franken. Senator Franken. Thank you, Mr. Chairman. Thank you to all the witnesses. One of the things that I am interested in is prevention and sort of the cycle of violence. It kind of brings me to divorce proceedings. And any of you can speak to this. One of the ways that men maintain power over women is repeatedly challenges the terms of divorce, fighting for custody, this sort of thing. And I am wondering what the prolonging of all that--I heard Judge Carbon talk about cases that have gone on for 12 years or something--what effect that has on the kids. Ms. Ulloa. Thank you, Senator Franken. Well, our experience has been that what the Mom is going through is reflected many times in what the children are going through. When legal representation in order to advocate for--really the safety of the Mom is the safety of the children in legal proceedings. And when there is a failure of legal representation--and the abuser many times has legal representation--I think the balance of power in the courtroom is completely changed. And I think one of the things that women typically tell us is that they will concede in many areas in the divorce as long as the custody of the children and the parenting time is addressed so that the children are safe. So you have unequal bargaining at divorces because you do not have legal representation, and such an emotional issue--and not only emotional, but there is a fear. We have many women who do not want to go to a court proceeding because of the fear of seeing their abuser, even though there are sheriff's deputies there and the courtroom is secure. Just the fear alone will stop them. If they had a legal advocate, had legal representation to do much of this work without appearing in the courtroom, this would facilitate their ability to move forward with the divorce. Senator Franken. So that is one place where you could use resources, probably. Ms. Ulloa. Absolutely. Senator Franken. What is the research on this? What percentage of abusers were abused themselves as kids or witnessed abuse of their Mom when they were kids? Mr. Gelles. I can answer that, but it has to be answered two ways. The answer to that is 100 percent. But that does not tell you as much as what percentage of abused children or what percent of children who witnessed abuse grow up to be abusers. And the answer to that question is about 30 percent. That does not seem like a lot, except that the overall rate of abuse in our country which most people cite is about 3 percent, or 1 in 22. So you have a difference between 3 percent and 30 percent, which is an enormously big difference. The driving force behind it is partially the abuse, partially the economy. Individuals grow up and who have their needs met really do not carry on that cycle of abuse. And then the third component, which actually speaks to your question about divorce, is the individuals who do not repeat the pattern of violence tend to have stable, long-term relationships with a parent or relative or a counselor. So that you need someone in your life who is there for you in an unrestricted, non- qualified relationship. Going back to your question about divorce, a divorce that goes on for 12 years, no matter how much violence is in it, robs the children of that stable caregiving, and there is absolutely--divorce proceedings where there are allegations of abuse and counter-allegations, one of the problems besides resources is that is the epicenter of junk science. People are allowed to provide expert testimony about whether someone is abused or someone is not abused or the fictitious parental alienation syndrome. Much of that should be barred from any courtroom and judges should be making decisions based on what is truly in the best interests of this child so this child does not grow up and be part of the 30 percent and is directed to the 70 percent. Senator Franken. Thank you. I want to get one last question in. I know I am running out of time. Are there prevention models--I know there is a thing in Minnesota, Code of Healthy Families, where basically pediatricians and obstetrician/ gynecologists and social workers identify parents that are at risk while the mother is pregnant and start a voluntary system of, first of all, prenatal care, but then also once the child is born, house visits and those kind of things. And what I have heard is that those programs pay for themselves basically in the reduced amount of child abuse. Do we have good models of prevention of abuse in the family? Mr. Gelles. You are speaking about David Olds' Nurse-Family Partnership model, which Congress funded in the stimulus bill and was viewed by the Office of Management and Budget as a cost-neutral program because it saves as much on the back end as it costs on the front end. Unfortunately--and that is a secondary prevention model. It identifies high-risk individuals and intervenes with them. It is not a broad-based primary prevention model. In David's research, the unfortunate part of the research was that when there is domestic violence in the home, it mitigates the effect on the children. So we do not yet have-- and I would personally say it is one of the shortcomings of VAWA. VAWA did not in its implementation implement a research and demonstration project---- Senator Franken. I think I am actually talking about a different program, one that was adopted in Minnesota. Mr. Gelles. It is called Healthy Families. Senator Franken. Well, this is by Dakota County. Mr. Gelles. It is a version of David's model, although you use--he uses nurse practitioners and Minnesota uses a wider range of professionals and paraprofessionals. But it is essentially the same model that has been tested since 1976. There is no such secondary prevention model tested, evaluated, and effective for domestic violence. Ms. Ulloa. Senator Franken, I think that any venue where you are bringing inventory services, whether it is medical or criminal justice or advocacy groups, is critical to a woman. In Minnesota, what we do really well is--for instance, I will give you an example. The Hennepin County Medical Center, which is a high-trauma area right in downtown Minneapolis, has an advocate and has social workers who are trained in the work of domestic violence. So when somebody comes into the hospital, either in the emergency room or other areas, there is somebody that they can call, and typically they call and do the crisis work and then call our office to provide an advocate. And many areas and many hospitals have advocates onsite, and I think in the medical area where we see high-trauma coming in right away, right after the assault, that is critical. The advocacy services are always going to be the spoke of the wheel to provide the right services to let the woman leave the home. So advocacy services in the medical arena is critical. Senator Franken. Thank you. Thank you, Mr. Chairman. Chairman Leahy. Thank you very much, Senator Franken. You have all given us so much for thought. I think it is easier to say we all want to do the right thing. The idea is finding out what is the right thing, what works best. Let me, Ms. Watersong, direct you more to the idea of rural areas, and every State has rural areas, so it is appropriate. But I think of the problems you have in your program and the problems that law enforcement has. Can you speak to that, especially how do survivors in rural areas like Vermont achieve financial independence? What are some of the specialized problems they have? Ms. Watersong. Thank you, Senator Leahy. When I think about the rural challenges for domestic and sexual violence survivors in Vermont, I cannot help but think about one particular case, a woman that I worked with years ago when I worked as a direct services advocate. I will never forget the day that she showed up when I was working at a local program, and she had survived a horrific all-night physical and sexual assault by her partner. The next morning he left her in their home with no phone and no car in the back woods of Vermont. Disoriented and in shock, bruised and bloodied, she walked barefoot for 8 miles on a hot summer road into town to our program seeking respite relief and healing. Within 3 weeks, she was in safe and affordable housing and managing newly accessed resources. She succeeded in leaving that desolate isolation and horrendous violence because she was supported by a responsive criminal justice system. But she stayed safe because that program was able to provide her with the full breadth of economic supports. Chairman Leahy. And another question that sort of begs the answer, but if the program was not there---- Ms. Watersong. Right, right. What does she face? Chairman Leahy [continuing]. She would not have had---- Ms. Watersong. Yes, she faces geographic isolation, isolation from her community. Chairman Leahy. I also find that in very rural areas, very small towns, we also have a problem where people do not even want to speak about being a victim of abuse. Ms. Watersong. Right. Chairman Leahy. You somehow feel you have to keep that hidden. Or am I wrong? Ms. Watersong. That it is private--well, I think VAWA has really helped bring that a long way toward just increasing domestic violence awareness and even one of the examples that Mr. Gelles shared about the elevator, that cultural change that is happening is largely due to all of the great things that VAWA has done up until now. And I think even in rural communities we are seeing that change. We are seeing folks realize that being just a silent bystander is not the best option anymore. But it is still a challenge because they are so far isolated. Chairman Leahy. And there are also still some attitudes that have to change. You talked in your written testimony about a victim who had been hospitalized for several days and then had to go off to court for a day to testify and got fired because of losing work. Is that correct? Ms. Watersong. Right. And we appreciate what VAWA has done to this point to support them. I would encourage looking at VAWA as far as workplace protections go for victims because victims such as the one I discussed in my testimony really need unemployment compensation, they need unpaid sick leave, they need anti-discrimination laws, all of those things to make sure that they can keep their job, they can be assured that they will be able to take care of their own needs, the needs of their children and families, their court needs, all of that and still remain employed. Chairman Leahy. And, Ms. Ulloa, I listened to what you talked about, what is available in Hennepin County. I have got to tell you, I wish that had been available, those things had been available when I was State's attorney and we were trying to--we actually cobbled things together. I remember my wife and I actually paying for a motel for somebody to stay to hide out, buying meals for the kids and all. There were just no programs. Now they are a lot better, and thank you for mentioning Sheila Wellstone, one of the all-time saints in my estimation. Tell me, if you had to put your finger on some of the biggest differences in handling these kind of cases since VAWA passed, what are they? Ms. Ulloa. Thank you, Senator Leahy. I think one is the response by law enforcement after training. I think also the view that judges take on the bench, whether it is in the civil arena or the criminal arena on how they view domestic violence, that educational component. I think the value of VAWA has been greatly supporting the advocacy work, those programs that pretty much have nothing and do everything for victims, recognizing the expertise, the passion, the need that women have to have holistic services in order to get through the criminal process and the civil process. VAWA has done all of that. In particular for me, I think one of the most wonderful areas that I am incredibly proud--and we have supported VAWA through this--is the response to culturally specific programs-- -- Chairman Leahy. The response to? Ms. Ulloa. Culturally specific programs--Not every victim stands the same way, and so much of her isolation really depends on where she is from, sometimes her language proficiency, her educational proficiency. VAWA has done an exemplary job of recognizing, defining, allowing services to go specifically to those communities, underserved communities, and I think that has been just incredible. In my personal experience, from my community, which is one of those underserved communities, a Latino community, it has saved lives. Chairman Leahy. I know in our State we have had refugees from other cultures. They come to Vermont, which is kind of an entirely different thing. We are a predominantly white, Anglo- Saxon State, and suddenly you find entirely different cultures and everything else. And we have seen outreach into those communities, and that I think we are becoming more--at least the stories I hear around the country, we are becoming more aware of that. It is sometimes easier in a large culturally diverse community, but I am glad you raised that point. Doctor, I am glad you raised the points you did. This has been helpful. Again, I wish I could wave a magic wand and violence against women would end and we could just repeal all these laws because they would be unnecessary and you could all go off and do other things. Unfortunately, that is not a reality. That is not going to be a reality anytime soon. So you have all been very helpful, and I thank you very, very much. Incidentally, I will keep the record open so after you get your testimony back, if you say, you know, I should have added this or added that point, we will make room for you to do it. Again, I apologize for the voice. Thank you. Ms. Watersong. Thank you, Senator. Ms. Ulloa. Thank you, Senator. Mr. Gelles. Thank you. Chairman Leahy. We stand in recess. 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