The Wisconsin state Assembly passed two bills earlier this month that aim to protect victims of gender-based crimes.
According to Tony Gilbart of the Wisconsin Coalition against Domestic Violence, the first bill, Wisconsin Gender Violence Act, would allow victims of gender-related crimes to prosecute their assailants in civil court after a criminal case.
“After this bill passes both houses and the governor, the legal system will hold those perpetrators accountable for their crimes and the effects of those crimes,” he said. “There are financial implications and consequences that aren’t covered in criminal cases.”
State Rep. Terese Berceau, D-Madison, submitted the bill with state Sen. Spencer Coggs, D-Milwaukee, last September after much lobbying by several domestic violence groups.
“Part of our job is to lobby the state legislature,” Gilbart said. “Domestic violence is a crime just like violence that occurs in the streets. This bill reduces the pattern that reinforces gender inequality.”
Berceau said the bill is gender-neutral, though many of her fellow legislators related it only to crimes against women.
“The bill recognizes that perpetrators of crimes like sexual assault use a fundamental aspect of a victim’s identity, his or her gender, as a basis to control, demean and degrade through these crimes,” Berceau said.
She explained that damages collected in civil court cases would probably be used for hospital bills, counseling and lost wages.
The second bill the state Assembly passed adds gender to the state’s hate crime statute.State Sen. Lena Taylor, D-Milwaukee, sponsored the bill in the Senate and co-sponsored the bill in the Assembly.
“It would make crimes motivated by a victim’s gender eligible for the hate crimes penalty enhance,” Taylor said.
She also explained that the bill would increase penalties including larger fines and a longer possible term of imprisonment.
At UW-Oshkosh, Women’s Center director Jennifer Castillo is excited these bills have finally come to the state.
The bills do not change any of the first steps in reporting a gender violence crime, though Shelly Rutz, Campus Violence Prevention Project director, said victims of gender violence crimes on campus have options.
“The Campus Violence Prevention Program provides students with a victim advocate to help them decide how to respond to the violence,” she said. “They can meet without having to report the crime. Students choosing to report gender violence can report to the Dean of Students or the police.”
Joe Abhold, the Counseling Center director, said this bill is a step in the right direction to protect victims.
“It says to society, victims, offenders and the courts that gender violence is serious with long-lasting harm,” he said. “This change in law represents another step in a more long-term journey to give gender violence crimes the level of recognition, response and legal tools corresponding to their impact on society.”
As the law stands now, victims can bring a criminal suit to trial. According to Gilbart, this process takes a long time and is both physically and mentally exhausting for a victim.
The organization strives to further these bills in the future. Some groups are actively opposing the legislation within the Assembly, however.
The Wisconsin Defense Counsel said in its opposition statement that the law “is vague and allows damages for more than just violence motivated by gender.” The statement explains that wording within the bill could allow lawsuits against any “act,” not just violence. Also, the organization Wisconsin Manufacturers and Commerce said that previously established laws within the state provide for everything within this new bill.
“WMC opposes this legislation to the extent that it applies to conduct already regulated by state and federal employment laws,” the opposition briefing states. “The remedies were expanded earlier this year to surpass those under laws concerning gender and sexual harassment.”
Castillo said she thinks the effects of these bills will have far-reaching legal implications that will benefit everyone.
“Gender violence detrimentally impacts us as a whole: family, community and society,” she said. “I strongly encourage students, faculty and staff members to contact their state senator and representative to push this legislation.”
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