Cultic Studies Journal, Vol. 15, No. 1, 1998, page 10
State authorities should be encouraged to improve or establish a more reliable data-
reporting system for offenses of domestic and/or sexual violence. According to the Justice
Department, while the majority of states are collecting some form of information on
domestic and sexual violence offenses, a significant number do not. A more uniform system
would also be useful because there are substantial disparities in the types and quantity of
data collected.72
Just as one commentator suggests engaging battered women more actively in the battered
women programs by assessing needs and listening to critiques of the programs,73 exit
counselors may find it beneficial to engage cult-rape victims in listening to their critiques of
the rape prevention and prosecutorial efforts.
Both lawmakers and experienced counselors may benefit from a continuing dialogue on how
to prosecute rape when it occurs between cult members or cult member and leader. Such a
discussion could focus on perfecting a legal definition of “nonconsent” that does not
necessitate a showing of physical force. The states‟ determinations of when a person is
incapable of consent, or whether one affirmatively indicated consent or nonconsent, could
include situations in which the person is subjected to coercive persuasion by another, such
as the kind of manipulative persuasion that exists in cults. An expanded definition of
nonconsent could take into account, for example, a situation in which a cult victim feels
psychologically coerced to engage in sexual intercourse with another cult member, even in
the absence of that person‟s threats of physical force being present, because she fears the
cult leader‟s later retaliation, be it verbal harassment, beatings, or expulsion from the
group.
II. The Violence Against Women Act
In 1994, Congress passed the Violence Against Women Act (VAWA) landmark legislation
that calls for unprecedented cooperation among federal, state, and local law enforcement,
to prosecute domestic violence as a crime, and to provide civil remedies as well.74 VAWA
declares that violent crimes motivated by gender violate the victim‟s civil rights under
federal law.75 The VAWA is multifaceted. It provides that Congress appropriate funds to
make streets and public transportation safe for women,76 such as installing lighting,
cameras, emergency phone lines, and so on, in areas of public transportation make safe
homes for women who are subjected to domestic violence, such as securing confidentiality
of domestic violence shelters 77 study and evaluate the manner in which states have taken
measures to protect the confidentiality of communications between sexual assault or
domestic violence victims and their therapists or trained counselors 78 and train state and
federal judges to combat widespread gender bias in the courts.79
A. Criminal Liability for Interstate Violation of Protection Orders
Prior to the enactment of VAWA, the majority of states did not acknowledge protection
orders issued by other states, thereby rendering an order of protection useless if, for
example, a woman who had obtained the order relocated and attempted to enforce it
against a batterer. Now, with the new federal law, a state must afford full faith and credit
to an order of protection of another state.80
Crossing a state line triggers criminal liability under the act, which gives Congress power
under the Constitution to enact this legislation. The VAWA legislation provides for stiff
criminal penalties, ranging from 5 to 20 years in prison depending on the extent of the
victim‟s physical injuries, to a life sentence if the victim were killed.81 The VAWA
encompasses a person who travels across a state line with the “intent to engage in conduct”
that violates a “protection order” against “threats of violence, repeated harassment, or
bodily injury.”82 In addition, the legislation provides the same penalties if a person causes
one’s “spouse or intimate partner” to cross a state line, by “force, coercion, duress, or
State authorities should be encouraged to improve or establish a more reliable data-
reporting system for offenses of domestic and/or sexual violence. According to the Justice
Department, while the majority of states are collecting some form of information on
domestic and sexual violence offenses, a significant number do not. A more uniform system
would also be useful because there are substantial disparities in the types and quantity of
data collected.72
Just as one commentator suggests engaging battered women more actively in the battered
women programs by assessing needs and listening to critiques of the programs,73 exit
counselors may find it beneficial to engage cult-rape victims in listening to their critiques of
the rape prevention and prosecutorial efforts.
Both lawmakers and experienced counselors may benefit from a continuing dialogue on how
to prosecute rape when it occurs between cult members or cult member and leader. Such a
discussion could focus on perfecting a legal definition of “nonconsent” that does not
necessitate a showing of physical force. The states‟ determinations of when a person is
incapable of consent, or whether one affirmatively indicated consent or nonconsent, could
include situations in which the person is subjected to coercive persuasion by another, such
as the kind of manipulative persuasion that exists in cults. An expanded definition of
nonconsent could take into account, for example, a situation in which a cult victim feels
psychologically coerced to engage in sexual intercourse with another cult member, even in
the absence of that person‟s threats of physical force being present, because she fears the
cult leader‟s later retaliation, be it verbal harassment, beatings, or expulsion from the
group.
II. The Violence Against Women Act
In 1994, Congress passed the Violence Against Women Act (VAWA) landmark legislation
that calls for unprecedented cooperation among federal, state, and local law enforcement,
to prosecute domestic violence as a crime, and to provide civil remedies as well.74 VAWA
declares that violent crimes motivated by gender violate the victim‟s civil rights under
federal law.75 The VAWA is multifaceted. It provides that Congress appropriate funds to
make streets and public transportation safe for women,76 such as installing lighting,
cameras, emergency phone lines, and so on, in areas of public transportation make safe
homes for women who are subjected to domestic violence, such as securing confidentiality
of domestic violence shelters 77 study and evaluate the manner in which states have taken
measures to protect the confidentiality of communications between sexual assault or
domestic violence victims and their therapists or trained counselors 78 and train state and
federal judges to combat widespread gender bias in the courts.79
A. Criminal Liability for Interstate Violation of Protection Orders
Prior to the enactment of VAWA, the majority of states did not acknowledge protection
orders issued by other states, thereby rendering an order of protection useless if, for
example, a woman who had obtained the order relocated and attempted to enforce it
against a batterer. Now, with the new federal law, a state must afford full faith and credit
to an order of protection of another state.80
Crossing a state line triggers criminal liability under the act, which gives Congress power
under the Constitution to enact this legislation. The VAWA legislation provides for stiff
criminal penalties, ranging from 5 to 20 years in prison depending on the extent of the
victim‟s physical injuries, to a life sentence if the victim were killed.81 The VAWA
encompasses a person who travels across a state line with the “intent to engage in conduct”
that violates a “protection order” against “threats of violence, repeated harassment, or
bodily injury.”82 In addition, the legislation provides the same penalties if a person causes
one’s “spouse or intimate partner” to cross a state line, by “force, coercion, duress, or
