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Same Sex Partners Covered By Domestic Violence Law
By Joe Palazzolo | June 10, 2010 9:50 am

The Justice Department has concluded women, too, can be prosecuted under the Violence Against Women Act, in an opinion holding the law’s criminal provisions apply even when the victim and offender are the same sex.

The law’s three criminal provisions prohibit interstate domestic violence, stalking and violations of protective orders. The April 27 opinion, signed by acting Assistant Attorney General David Barron, says the law clearly covers acts by same-sex partners and also protects same-sex partners, even if it doesn’t state so explicitly.

“It is true that the statute is entitled the Violence Against Women Act, but other provisions of the Act make clear it applies to conduct perpetrated against male, as well as female, victims,” according to the opinion, which was released on Wednesday.

Acting Deputy Attorney General Gary Grindler requested the opinion from the Justice Department’s Office of Legal Counsel, which in turn solicited input from a variety of sources, including the Criminal and Civil Rights Divisions, the Office on Violence Against Women and the Executive Office for U.S. Attorneys.

A copy of the opinion is embedded below.

Vawa Opinion 04272010

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