Federal Domestic Violence Definitions

The Federal definitions for domestic violence and other related topics such as rape and sexual assault have changed several times throughout this fourth wave of feminism to both expand and limit their protections. While a Federal definition does not have any legal repercussions, because these cases are determined by State law, there are other ways these definitions can affect domestic violence victims.

During the Obama administration, the definitions for both domestic violence and rape were expanded to protect more victims against more acts of abuse. The definition of domestic abuse during this time included acts of non-violent, or psychological, abuse as well as highlighting that abuse is a pattern of harmful behavior. Obama expanded the FBI’s definition of rape which had remained unchanged for more than eight decades. According to MPR, since 1982, the FBI has defined rape as “the carnal knowledge of a female, forcibly and against her will.” [1] The new definition will include victims of any gender as well as situations where the victim is unable to give consent because of the influence of drugs or alcohol or because of age. While the changed definition of rape does not directly affect the definition of domestic violence, many victims of domestic abuse are also victims of rape and according to the old definition, their case would not likely be considered a rape case because rape within relationships is often not physically fought rather the victim is coerced into the act.

The Trump administration, on the other hand, refined domestic violence and sexual assault to limit the victims protected by and forms covered by these definitions. The new definition of sexual assault means “any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks the capacity to consent,”. [2] The previous definition was much more expansive, “sexual assault is any type of sexual contact or behavior that occurs without the explicit consent of the recipient. Falling under the definition of sexual assault are sexual activities as forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape,”. [3] The Department of Justice’s new definition of domestic violence does not protect against non-physical acts of violence.

DOJ definition during Trump administration

DOJ definition prior to Trump administration change

This definition is very limiting by only including felony or misdemeanor crimes as well as not including any non-physical acts of violence. In comparison, the Department of Justice’s definition of domestic violence before this change in 2018 included non-physical acts of violence.

It is clear that this second definition is much more expansive and covers many more forms of abuse. This original definition also included a list of all of the forms of domestic violence stated in the definition and examples of behaviors that were included in those terms. 

One of the main reasons that this changed definition is so harmful is that trauma from psychological abuse tends to last much longer than that of physical abuse as well as the higher correlation between psychological abuse and post-traumatic stress disorder than the correlation between physical abuse and PTSD. [6] According to a study conducted by the Centers for Disease Control and Prevention, 43.5 million women have experienced psychological aggression from an intimate partner. [7] Often, psychological abuse is a precursor to physical abuse and, all too frequently, homicide. More than half of the women murdered every year in the United States are killed by an intimate partner. [8]

While it is unclear the impact that the changed definition will have, Nanasi speculates that the Office of Violence Against Women may restrict grants that support community efforts to combat domestic and sexual abuse to agencies serving victims of crime, leaving survivors without resources. [9] She then states, “If OVW’s training, education, and technical assistance curriculum is revised to adhere to the new definition, those experiencing ‘mere’ emotional, economic, or psychological harms may no longer be considered victims.” [10]

Notes

  1. Pete Yost, “US Redefines Rape to Count More People as Victims,” MPR News, January 7, 2012, https://www.mprnews.org/story/2012/01/07/redefining-rape.

  2. Igor Derysh, “Trump Administration Quietly Changes Definition of ‘Domestic Violence’ and ‘Sexual Assault,’” Salon, January 23, 2019, https://www.salon.com/2019/01/23/trump-administration-quietly-changes-definition-of-domestic-violence-and-sexual-assault/.

  3. Derysh, “Trump Administration Quietly Changes Definition of ‘Domestic Violence’ and ‘Sexual Assault.'”

  4. “Domestic Violence,” The United States Department of Justice, May 16, 2019, https://www.justice.gov/ovw/domestic-violence.

  5. “Domestic Violence,” The United States Department of Justice Archive, June 16, 2017, https://web.archive.org/web/20180409111243/https:/www.justice.gov/ovw/domestic-violence.

  6. Carol Lambert, “Domestic Violence Redefined Is Harmful to Victims,” Psychology Today, August 25, 2020, https://www.psychologytoday.com/us/blog/mind-games/202008/domestic-violence-redefined-and-harmful-victims.

  7. Derysh, “Trump Administration Quietly Changes Definition of ‘Domestic Violence’ and ‘Sexual Assault.’”

  8. Derysh, “Trump Administration Quietly Changes Definition of ‘Domestic Violence’ and ‘Sexual Assault.’”

  9. Natalie Nanasi, “The Trump Administration Quietly Changed the Definition of Domestic Violence and We Have No Idea What For,” Slate, January 21, 2019, https://slate.com/news-and-politics/2019/01/trump-domestic-violence-definition-change.html.

  10. Nanasi, “The Trump Administration Quietly Changed the Definition of Domestic Violence and We Have No Idea What For.”

 

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