PAST ARTICLES AND EDITORIAL BOARDS

THE VIOLENCE AGAINST WOMEN ACT AND THE CONSTRUCTION OF
MULTIPLE CONSCIOUSNESS IN THE CIVIL RIGHTS AND FEMINIST MOVEMENTS

Jenny Rivera

4 J.L. & Pol'y 463 (1996)

The Violence Against Women Act ("VAWA"), passed in 1994, provides a remedy in federal court for women who are victims of violent attacks. The enactment of the VAWA constitutes a significant step forward in both the feminist and civil rights movements. However, the VAWA can only successfully serve to advance the concerns of these two groups if they can somehow collaborate to push forward the litigation that will be critical in developing this new legislation.

The author argues that given the common history and concerns of the feminist and civil rights movements, the VAWA can be a useful tool in pursuing the mutual goals of the two groups. Particularly now, when the advances made over the years in both movements seem to be faltering, the VAWA should encourage proponents of these two movements to unite around their common goals. It is not enough for feminists and civil rights advocates to use the legislation to advance only the concerns of their own constituencies. Since the VAWA speaks to the concerns of women and of communities of color simultaneously, it provides a rare and precious opportunity for the two groups to converge in pursuit of their common goals.

Despite some possible flaws in the practical application of the VAWA, the new law constitutes an important step forward for the feminist and civil rights movements. The author points out that women of color specifically stand to benefit less than others protected by the law because of pervasive inequalities in the justice system. The lack of adequate representation of women of color within the hierarchy of the justice system may discourage these women from acting even with the new protections provided by the VAWA.

Despite a few possible flaws, the author believes that the VAWA can serve as a foundation for an influential collaborative effort by feminists and civil rights advocates in pursuit of their common goals and can serve as a step toward future legislation which addresses specifically the concerns of women of color.