If you’ve been accused of sexual assault, whether you’re guilty or not, it’s crucial to understand what you’re up against. Laws are changing all the time, which can have a significant impact on your case and its possible outcome in the courtroom. Rest assured, the most experienced lawyer will stay abreast of all key changes to help their clients. By 2026, some of the most recent changes include the following:
The Violence Against Women Act (VAWA)
Talk to any Liberty Law sexual assault lawyer Edmonton or elsewhere, and they will almost certainly be aware of the Violence Against Women Act (VAWA). VAWA is a federal law signed by President Bill Clinton in 1994 that created and supported comprehensive and cost-effective responses to sexual assault, dating violence, domestic violence, and stalking.
Since the law came into place, it has improved federal, tribal, state, and local responses to these crimes. In 2022, President Joe Biden included the VAWA Reauthorization Act of 2022 in his fiscal year spending package. The reauthorization included provisions to strengthen and modernize the law.
Among the most important changes were expanded protections, strengthened housing rights, and increased funding for programs. It also established the right to report, meaning victims can seek law enforcement or emergency assistance without penalty, such as ‘nuisance’ ordinances. As a result, VAWA can be a form of defense against eviction for survivors who are targeted due to incidents of violence or related police calls.
Federal Sexual Abuse Definition
When the VAWA Reauthorization Act of 2022 was enacted, a key definition was expanded. That definition was of sexual abuse surrounding non-consent and coercion. The definition of non-consent now includes scenarios where a victim can’t consent or refuse, such as when they’ve been incapacitated by drugs or alcohol, they’re asleep, or they’re unconscious. It now also explicitly covers engaging in sexual acts through coercion and applies to sex acts within the special maritime and territorial jurisdiction of the United States or in federal prison.
The Debbie Smith Act of 2024
According to a Congress report, there were up to 400,000 unsubmitted sexual assault kits between 2014 and 2018. A later study highlighted by Congress also found that an estimated 200,000 untested kits remain in police custody. That means that hundreds of thousands of women were waiting to find out who could be responsible for sexually assaulting them. That’s where the Debbie Smith Act comes in.
The Act was originally passed in 2004 and was named after a rape survivor who advocated for the testing of untested, backlogged DNA evidence. When it was passed, it became a US federal law that grants would be provided to state and local crime labs to reduce the backlogs of untested DNA evidence, particularly from rape kits. It was recently reauthorized in 2024, meaning the program would be extended through until 2029.
Housing Protections (HUD)
When VAWA was reauthorized in 2022, it significantly strengthened housing protections for survivors living in HUD-subsidized programs. A number of key changes were made:
- Expanded coverage of covered housing programs to include additional HUD programs and Section 202 Direct Loan programs
- Prohibition on retaliation, which means survivors who exercise their VAWA rights or participate in related proceedings are protected against retaliation.
- Enhanced confidentiality, with stricter rules for housing providers regarding storing and sharing survivor information.
- Lease bifurcation, where a lease can be split to evict an abuser, but allow the innocent household members or victims to remain
- Survivors now have the right to request an emergency transfer if they feel safer elsewhere.
- Survivors can self-certify their status using Form HUD-5382, which prevents the need to produce court documents or police reports to trigger protections.
Housing protections apply at move-in, upon denial or eviction, and during a tenancy.
Custody and Detention Protections
The new Custody and Detention Protections introduced as part of the VAWA 2022 Reauthorization Act strengthen federal laws against sexual abuse by law enforcement officers.
In particular, 18 U.S.C. § 2242(3) (Sexual Abuse) criminalizes federal law enforcement officers performing sexual acts with individuals under arrest, in detention, or federal custody. It’s a federal crime punishable by up to 15 years in prison. Federal jurisdiction isn’t based on where the crime occurred but rather on who the defendant is, such as a federal law enforcement officer.
Awareness of the latest sexual assault laws is crucial for understanding your rights and obligations if you’re navigating a claim made against you or if you’re a victim yourself. For more information about the latest laws and to understand how they apply to you, consult a trusted sexual assault lawyer for guidance.
Photo: Mika Baumeister via Unsplash.
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