§ 12372. Training provided by grants

Statutory text

Training provided pursuant to grants made under this part may include current information, existing studies, or current data on—

the nature and incidence of rape and sexual assault by strangers and nonstrangers, marital rape, and incest;

the underreporting of rape, sexual assault, and child sexual abuse;

the physical, psychological, and economic impact of rape and sexual assault on the victim, the costs to society, and the implications for sentencing;

the psychology of sex offenders, their high rate of recidivism, and the implications for sentencing;

the historical evolution of laws and attitudes on rape and sexual assault;

sex stereotyping of female and male victims of rape and sexual assault, racial stereotyping of rape victims and defendants, and the impact of such stereotypes on credibility of witnesses, sentencing, and other aspects of the administration of justice;

application of rape shield laws and other limits on introduction of evidence that may subject victims to improper sex stereotyping and harassment in both rape and nonrape cases, including the need for sua sponte judicial intervention in inappropriate cross-examination;

the use of expert witness testimony on rape trauma syndrome, child sexual abuse accommodation syndrome, post-traumatic stress syndrome, and similar issues;

the legitimate reasons why victims of rape, sexual assault, and incest may refuse to testify against a defendant;

the nature and incidence of domestic violence and dating violence (as defined in section 10447 1 of this title);

the physical, psychological, and economic impact of domestic violence and dating violence on the victim, the costs to society, and the implications for court procedures and sentencing;

the psychology and self-presentation of batterers and victims and the implications for court proceedings and credibility of witnesses;

sex stereotyping of female and male victims of domestic violence and dating violence, myths about presence or absence of domestic violence and dating violence in certain racial, ethnic, religious, or socioeconomic groups, and their impact on the administration of justice;

historical evolution of laws and attitudes on domestic violence;

proper and improper interpretations of the defenses of self-defense and provocation, and the use of expert witness testimony on battered woman syndrome;

the likelihood of retaliation, recidivism, and escalation of violence by batterers, and the potential impact of incarceration and other meaningful sanctions for acts of domestic violence including violations of orders of protection;

economic, psychological, social and institutional reasons for victims’ inability to leave the batterer, to report domestic violence or dating violence or to follow through on complaints, including the influence of lack of support from police, judges, and court personnel, and the legitimate reasons why victims of domestic violence or dating violence may refuse to testify against a defendant;

the need for orders of protection, and the implications of mutual orders of protection, dual arrest policies, and mediation in domestic violence and dating violence cases;

recognition of and response to gender-motivated crimes of violence other than rape, sexual assault and domestic violence, such as mass or serial murder motivated by the gender of the victims;

the issues raised by domestic violence in determining custody and visitation, including how to protect the safety of the child and of a parent who is not a predominant aggressor of domestic violence, the legitimate reasons parents may report domestic violence, the ways domestic violence may relate to an abuser’s desire to seek custody, and evaluating expert testimony in custody and visitation determinations involving domestic violence;

the issues raised by child sexual assault in determining custody and visitation, including how to protect the safety of the child, the legitimate reasons parents may report child sexual assault, and evaluating expert testimony in custody and visitation determinations involving child sexual assault, including the current scientifically-accepted and empirically valid research on child sexual assault; 2

the extent to which addressing domestic violence and victim safety contributes to the efficient administration of justice; 3

Footnotes

1 See References in Text note below.
2 So in original. Probably should be followed by “and”.
3 So in original. The semicolon probably should be a period.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1994
Equal Justice for Women in the Courts Act of 1994
Pub. L. 103–322 title IV § 40412 · 108 Stat. 1796
Enacted · 34 U.S.C. § 12372
Pub. L. 103–322, title IV, § 40412, Sept. 13, 1994, 108 Stat. 1943
Source evidence
Code source credit
Pub. L. 103–322, title IV, § 40412, Sept. 13, 1994, 108 Stat. 1943
Enacted provision · exact public law section
SEC. 40412. TRAINING PROVIDED BY GRANTS. Training provided pursuant to grants made under this subtitle may include current information, existing studies, or current data on— (1) the nature and incidence of rape and sexual assault by strangers and nonstrangers, marital rape, and incest; (2) the underreporting of rape, sexual assault, and child sexual abuse; (3) the physical, psychological, and economic impact of rape and sexual assault on the victim, the costs to society, and the implications for sentencing; (4) the psychology of sex offenders, their high rate of recidivism, and the implications for sentencing; (5) the historical evolution of laws and attitudes on rape and sexual assault; (6) sex stereotyping of female and male victims of rape and sexual assault, racial stereotyping of rape victims and defendants, and the impact of such stereotypes on credibility of witnesses, sentencing, and other aspects of the administration of justice; (7) application of rape shield laws and other limits on introduction of evidence that may subject victims to improper sex stereotyping and harassment in both rape and nonrape cases, including the need for sua sponte judicial intervention in inappropriate cross-examination; (8) the use of expert witness testimony on rape trauma syndrome, child sexual abuse accommodation syndrome, post-traumatic stress syndrome, and similar issues; (9) the legitimate reasons why victims of rape, sexual assault, and incest may refuse to testify against a defendant; (10) the nature and incidence of domestic violence; (11) the physical, psychological, and economic impact of domestic violence on the victim, the costs to society, and the implications for court procedures and sentencing; (12) the psychology and self-presentation of batterers and victims and the implications for court proceedings and credibility of witnesses; (13) sex stereotyping of female and male victims of domestic violence, myths about presence or absence of domestic violence in certain racial, ethnic, religious, or socioeconomic groups, and their impact on the administration of justice; (14) historical evolution of laws and attitudes on domestic violence; (15) proper and improper interpretations of the defenses of self-defense and provocation, and the use of expert witness testimony on battered woman syndrome; (16) the likelihood of retaliation, recidivism, and escalation of violence by batterers, and the potential impact of incarceration and other meaningful sanctions for acts of domestic violence including violations of orders of protection; (17) economic, psychological, social and institutional reasons for victims’ inability to leave the batterer, to report dOMESTIc violence or to follow through on complaints, including the influence of lack of support from police, judges, and court personnel, and the legitimate reasons why victims of domestic violence may refuse to testify against a defendant; (18) the need for orders of protection, and the implications of mutual orders of protection, dual arrest policies, and mediation in domestic violence cases; and (19) recognition of and response to gender-motivated crimes of violence other than rape, sexual assault and domestic violence, such as mass or serial murder motivated by the gender of the victims.
2000
Violence Against Women Act of 2000
Pub. L. 106–386 § 1406(d)(2)(A) · 114 Stat. 1464
Inserted · 34 U.S.C. § 12372(10)
Pub. L. 106–386, § 1406(d)(2)(A), inserted “and dating violence (as defined in section 3796gg–2 of this title)” before the semicolon
Source evidence
Code amendment note
Par. (10). Pub. L. 106–386, § 1406(d)(2)(A), inserted “and dating violence (as defined in section 3796gg–2 of this title)” before the semicolon.
Enacted provision · exact public law section
(A) in paragraph (10), by inserting “and dating violence (as defined in section 2003 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3996gg—2))” before the semicolon;
2000
Violence Against Women Act of 2000
Pub. L. 106–386 § 1406(d)(2)(B) · 114 Stat. 1464
Inserted · 34 U.S.C. § 12372(11)
Pub. L. 106–386, § 1406(d)(2)(B), inserted “and dating violence” after “domestic violence”
Source evidence
Code amendment note
Par. (11). Pub. L. 106–386, § 1406(d)(2)(B), inserted “and dating violence” after “domestic violence”.
Enacted provision · exact public law section
(B) in paragraph (11), by inserting “and dating violence” after “domestic violence”;
2000
Violence Against Women Act of 2000
Pub. L. 106–386 § 1406(d)(2)(C) · 114 Stat. 1464
Inserted · 34 U.S.C. § 12372(13)
Pub. L. 106–386, § 1406(d)(2)(C), inserted “and dating violence” after “domestic violence” in two places
Source evidence
Code amendment note
Par. (13). Pub. L. 106–386, § 1406(d)(2)(C), inserted “and dating violence” after “domestic violence” in two places.
Enacted provision · exact public law section
(C) in paragraph (13), by inserting “and dating violence” after “domestic violence” in both places that it appears;
2000
Violence Against Women Act of 2000
Pub. L. 106–386 § 1406(d)(2)(D) · 114 Stat. 1464
Inserted · 34 U.S.C. § 12372(17)
Pub. L. 106–386, § 1406(d)(2)(D), inserted “or dating violence” after “domestic violence” in two places
Source evidence
Code amendment note
Par. (17). Pub. L. 106–386, § 1406(d)(2)(D), inserted “or dating violence” after “domestic violence” in two places.
Enacted provision · exact public law section
(D) in paragraph (17), by inserting “or dating violence” after “domestic violence” in both places that it appears; and
2000
Violence Against Women Act of 2000
Pub. L. 106–386 § 1406(d)(2)(E) · 114 Stat. 1464
Inserted · 34 U.S.C. § 12372(18)
Pub. L. 106–386, § 1406(d)(2)(E), inserted “and dating violence” after “domestic violence”
Source evidence
Code amendment note
Par. (18). Pub. L. 106–386, § 1406(d)(2)(E), inserted “and dating violence” after “domestic violence”.
Enacted provision · exact public law section
(E) in paragraph (18), by inserting “and dating violence” after “domestic violence”.
2000
Violence Against Women Act of 2000
Pub. L. 106–386 § 1406(a)(1) · 114 Stat. 1464
Added · 34 U.S.C. § 12372(20)(22)
Pub. L. 106–386, § 1406(a)(1), added pars. (20) to (22)
Source evidence
Code amendment note
Pars. (20) to (22). Pub. L. 106–386, § 1406(a)(1), added pars. (20) to (22).
Enacted provision · exact public law section
(1) Section 40412.— Section 40412 of the Equal Justice for Women in the Courts Act of 1994 (42 U.S.C. 13992) is amended— (A) by striking “and” at the end of paragraph (18); (B) by striking the period at the end of paragraph (19) and inserting a semicolon; and (C) by inserting after paragraph (19) the following: “(20) the issues raised by domestic violence in determining custody and visitation, including how to protect the safety of the child and of a parent who is not a predominant aggressor of domestic violence, the legitimate reasons parents may report domestic violence, the ways domestic violence may relate to an abuser’s desire to seek custody, and evaluating expert testimony in custody and visitation determinations involving domestic violence; “(21) the issues raised by child sexual assault in determining custody and visitation, including how to protect the safety of the child, the legitimate reasons parents may report child sexual assault, and evaluating expert testimony in custody and visitation determinations involving child sexual assault, including the current scientifically-accepted and empirically valid research on child sexual assault; “(22) the extent to which addressing domestic violence and victim safety contributes to the efficient administration of justice;”.

7 of 7 references resolved to an enrolled provision

Editorial Notes

References in Text

Section 10447 of this title, referred to in par. (10), was subsequently repealed and a new section 10447 enacted which does not define the terms “domestic violence” or “dating violence”. However, such terms are defined in section 12291 of this title.

Codification

Section was formerly classified to section 13992 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification.

Amendments

2000—Par. (10). Pub. L. 106–386, § 1406(d)(2)(A), inserted “and dating violence (as defined in section 3796gg–2 of this title)” before the semicolon.

Par. (11). Pub. L. 106–386, § 1406(d)(2)(B), inserted “and dating violence” after “domestic violence”.

Par. (13). Pub. L. 106–386, § 1406(d)(2)(C), inserted “and dating violence” after “domestic violence” in two places.

Par. (17). Pub. L. 106–386, § 1406(d)(2)(D), inserted “or dating violence” after “domestic violence” in two places.

Par. (18). Pub. L. 106–386, § 1406(d)(2)(E), inserted “and dating violence” after “domestic violence”.

Pars. (20) to (22). Pub. L. 106–386, § 1406(a)(1), added pars. (20) to (22).

Credits

1994–2000 · 2 acts

1994Pub. L. 103–322, title IV, § 40412, Sept. 13, 1994, 108 Stat. 1943
2000Pub. L. 106–386, div. B, title IV, § 1406(a)(1), (d)(2), Oct. 28, 2000, 114 Stat. 1515, 1517.

Show as published

(Pub. L. 103–322, title IV, § 40412, Sept. 13, 1994, 108 Stat. 1943; Pub. L. 106–386, div. B, title IV, § 1406(a)(1), (d)(2), Oct. 28, 2000, 114 Stat. 1515, 1517.)