[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 281 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
S. RES. 281

Committing to elevate the voices, leadership, and needs of communities 
 that face systemic barriers in the effort to end sexual violence and 
  support all survivors of sexual violence and gender-based violence, 
    including immigrant survivors, survivors who are incarcerated, 
  survivors with disabilities, survivors of color, American Indian or 
Alaska Native survivors, survivors of child sexual abuse, and lesbian, 
       gay, bisexual, transgender, queer, and intersex survivors.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 23, 2019

    Mr. Booker (for himself and Ms. Harris) submitted the following 
 resolution; which was referred to the Committee on Health, Education, 
                          Labor, and Pensions

_______________________________________________________________________

                               RESOLUTION


 
Committing to elevate the voices, leadership, and needs of communities 
 that face systemic barriers in the effort to end sexual violence and 
  support all survivors of sexual violence and gender-based violence, 
    including immigrant survivors, survivors who are incarcerated, 
  survivors with disabilities, survivors of color, American Indian or 
Alaska Native survivors, survivors of child sexual abuse, and lesbian, 
       gay, bisexual, transgender, queer, and intersex survivors.

Whereas sexual violence and gender-based violence are tools of oppression and 
        forms of discrimination that can deprive individuals of equal access to 
        educational opportunities;
Whereas survivors of sexual violence face a significant number of health 
        problems, including chronic conditions, suicide, depression, and post-
        traumatic stress disorder;
Whereas discrimination on the basis of sex includes discrimination on the basis 
        of sexual orientation, gender identity, sex stereotypes, pregnancy, 
        termination of pregnancy, childbirth, and related medical conditions;
Whereas the 2015 United States Transgender Survey found that--

    (1) 47 percent of transgender people have been sexually assaulted; and

    (2) among transgender people of color, 65 percent of Native Americans, 
59 percent of multiracial people, 58 percent of Middle Eastern people, and 
53 percent of African Americans have been sexually assaulted;

Whereas the Association of American Universities Campus Climate Survey on Sexual 
        Assault and Sexual Misconduct found that nearly 1 in 4 transgender, 
        genderqueer, gender non-conforming, or questioning students experience 
        sexual violence while pursuing an undergraduate degree;
Whereas the National Sexual Violence Resource Center found that 78 percent of 
        transgender or gender non-conforming youth are sexually harassed during 
        the period beginning in kindergarten and ending in 12th grade;
Whereas the Centers for Disease Control and Prevention 2010 National Intimate 
        Partner and Sexual Violence Survey found that--

    (1) 44 percent of lesbian women and 61 percent of bisexual women 
experience rape, physical violence, or stalking by an intimate partner, 
compared to 35 percent of heterosexual women; and

    (2) 40 percent of gay men and 37 percent of bisexual men have 
experienced sexual violence other than rape, compared to 21 percent of 
heterosexual men;

Whereas the National Women's Law Center 2017 Let Her Learn Survey found that 38 
        percent of lesbian, gay, bisexual, or transgender teen girls reported 
        experiencing sexual violence, compared to 21 percent of all girls;
Whereas, according to the Department of Justice, people with disabilities are 
        3.5 times more likely to experience rape or sexual assault than people 
        without disabilities;
Whereas, according to the Vera Institute of Justice--

    (1) children with disabilities are 3 times more likely than children 
without disabilities to be sexually abused; and

    (2) 83 percent of women and 32 percent of men with cognitive 
disabilities reported being victims of sexual assault;

Whereas women of all races and ethnicities face some risk of sexual assault, 
        and, according to the Centers for Disease Control and Prevention 2010 
        National Intimate Partner and Sexual Violence Survey, 33 percent of 
        multiracial non-Hispanic women, nearly 27 percent of indigenous women, 
        22 percent of Black women, nearly 19 percent of White non-Hispanic 
        women, more than 14 percent of Hispanic women, and 7 percent of Asian 
        American and Pacific Islander women in the United States have 
        experienced rape;
Whereas, according to a research report by the National Institute of Justice, 
        56.1 percent of American Indian and Alaska Native women have experienced 
        sexual violence;
Whereas sexual violence also affects adolescent girls and, according to the 
        National Women's Law Center 2017 Let Her Learn Survey, 1 in 5 girls aged 
        14 to 18 has been kissed or touched without consent, including 24 
        percent of Latina girls, 23 percent of Native American girls, and 22 
        percent of Black girls;
Whereas studies show that sexual violence and gender-based violence are 
        underreported crimes, indicating that the rates of sexual violence and 
        gender-based violence may be even higher than these estimates;
Whereas too many survivors from communities that face systemic barriers are 
        ignored, blamed, and cast aside when seeking support after experiencing 
        a form of sexual violence or gender-based violence;
Whereas communities that have been disproportionately harmed by the criminal 
        justice system, including Black women and girls, may be less likely to 
        report sexual violence when that violence occurs;
Whereas incarcerated women report extensive histories of emotional, physical, 
        and sexual abuse;
Whereas, according to the Department of Justice, ``allegations of sexual 
        misconduct were made in all but one state prison and 41% of local and 
        private jails and prisons'';
Whereas prior abuse is a key predictor of involvement in the juvenile justice 
        system;
Whereas, according to the Annie E. Casey Foundation, nearly \3/4\ of girls in 
        the juvenile justice system have experienced physical or sexual abuse, 
        and many of those girls experience criminal penalties for their 
        responses to sexual violence;
Whereas communities of color are overrepresented in jails and prisons in the 
        United States and disproportionately impacted by violence, including 
        sexual violence, in the criminal justice system;
Whereas youth of color, youth with disabilities, and youth who identify as 
        lesbian, gay, bisexual, transgender, or gender non-conforming are 
        overrepresented in the child welfare system;
Whereas lesbian, gay, bisexual, and transgender youth are overrepresented in the 
        youth homeless population, making them particularly at risk for sexual 
        violence;
Whereas the Center for American Progress reports that 22 percent of lesbian, 
        gay, bisexual, and transgender youth have been sexually assaulted or 
        raped, which is more than 3 times the rate of sexual assault and rape 
        among other homeless youth;
Whereas, according to the GLSEN 2016 report entitled ``From Teasing to Torment: 
        School Climate Revisited''--

    (1) 59.6 percent of lesbian, gay, bisexual, transgender, and queer 
(referred to in this preamble as ``LGBTQ'') secondary students have been 
sexually harassed at school, and LGBTQ students are more likely to 
experience sexual harassment than non-LGBTQ students; and

    (2) students with nontraditional gender expression are more likely to 
experience sexual harassment than students with traditional gender 
expression;

Whereas high-quality, medically accurate, and LGBTQ-affirming sex education is 
        critical in the effort to eliminate sexual violence by teaching young 
        people about sexual assault, harassment, and affirmative consent;
Whereas less than 40 percent of all high schools and only 14 percent of middle 
        schools in the United States teach all of the topics identified by the 
        Centers for Disease Control and Prevention as important sexual health 
        education topics;
Whereas, according to the National Center for Victims of Crime, a child who is 
        the victim of prolonged sexual abuse usually develops low self-esteem, a 
        feeling of worthlessness, and an abnormal or distorted view of sex;
Whereas, according to the Rape, Abuse & Incest National Network, there is an 
        increased likelihood that an individual will suffer from suicidal or 
        depressive thoughts after experiencing sexual violence;
Whereas, at a time of prioritized mass detention and deportation and the 
        rescinding of the Deferred Action for Childhood Arrivals Program, it is 
        less safe for immigrants to report sexual violence;
Whereas immigrant children are separated from their families and thousands of 
        those children report sexual abuse in government-funded detention camps;
Whereas a history of systemic inequality and discrimination as well as 
        incomplete solutions has resulted in a lack of resources to meet the 
        needs of diverse survivor populations;
Whereas, according to the National Alliance to End Sexual Violence--

    (1) there is a lack of resources for sexual violence and gender-based 
violence prevention for youth;

    (2) many rape crisis centers have waiting lists for prevention 
programs; and

    (3) more investment is needed in the Rape Prevention and Education 
Program;

Whereas a 2016 National Consensus Statement of Anti-Sexual Assault and Domestic 
        Violence Organizations in Support of Full and Equal Access for the 
        Transgender Community, signed by over 300 local, State, and national 
        organizations, stated: ``As organizations that care about reducing 
        assault and violence, we favor laws and policies that protect 
        transgender people from discrimination, including in accessing 
        facilities that match the gender they live every day.'';
Whereas sexual violence and gender-based violence will only end if--

    (1) the experiences and needs of immigrant survivors, survivors who are 
incarcerated, American Indian or Alaska Native survivors, survivors of 
child sexual abuse, queer and intersex survivors, and survivors with 
disabilities are respected and supported; and

    (2) those survivors are provided culturally and linguistically 
appropriate and relevant services and accommodations;

Whereas current support systems mandated by Federal law for survivors of sexual 
        violence are neither comprehensive nor fully representative of the vast 
        and pervasive elements within rape culture; and
Whereas Congress is working to confront pervasive sexual violence in the 
        workplace, in schools, and in every area of life: Now, therefore, be it
    Resolved, That the Senate--
            (1) commits--
                    (A) to elevating the voices, leadership, and needs 
                of communities that face systemic barriers in the 
                effort to end sexual violence and gender-based 
                violence; and
                    (B) to support all survivors of sexual violence, 
                including--
                            (i) immigrant survivors;
                            (ii) survivors who are incarcerated;
                            (iii) survivors with disabilities;
                            (iv) survivors of color;
                            (v) American Indian or Alaska Native 
                        survivors;
                            (vi) survivors of child sexual abuse; and
                            (vii) lesbian, gay, bisexual, transgender, 
                        queer, and intersex survivors;
            (2) supports efforts to raise awareness of the history of 
        sexual violence prevention programs;
            (3) calls upon this Chamber--
                    (A) to ensure that responding to the needs of 
                sexual violence survivors is a legislative priority;
                    (B) to demonstrate proactive leadership in the 
                effort to end sexual violence and gender-based 
                violence; and
                    (C) to reject rollbacks of enforcement and 
                interpretations of protections against harassment 
                under--
                            (i) title VI of the Civil Rights Act of 
                        1964 (42 U.S.C. 2000d et seq.), which prohibits 
                        discrimination in education programs based on 
                        race, color, or national origin;
                            (ii) title VII of the Civil Rights Act of 
                        1964 (42 U.S.C. 2000e et seq.), which prohibits 
                        discrimination in employment based on race, 
                        color, national origin, sex (including on the 
                        basis of sexual orientation, gender identity, 
                        sex stereotypes, pregnancy, childbirth, and 
                        related medical conditions), or religion;
                            (iii) title IX of the Education Amendments 
                        of 1972 (20 U.S.C. 1681 et seq.), which 
                        prohibits discrimination in education programs 
                        based on sex (including on the basis of sexual 
                        orientation, gender identity, sex stereotypes, 
                        pregnancy, termination of pregnancy, 
                        childbirth, and related medical conditions);
                            (iv) titles I and II of the Americans with 
                        Disabilities Act of 1990 (42 U.S.C. 12111 et 
                        seq.), which prohibit discrimination based on 
                        disability in employment and public schools, 
                        respectively; and
                            (v) section 504 of the Rehabilitation Act 
                        of 1973 (29 U.S.C. 794), which prohibits 
                        discrimination based on disability in education 
                        programs;
            (4) affirms that--
                    (A) title IX of the Education Amendments of 1972 
                (20 U.S.C. 1681 et seq.), title II of the Americans 
                with Disabilities Act of 1990 (42 U.S.C. 12131 et 
                seq.), section 504 of the Rehabilitation Act of 1973 
                (29 U.S.C. 794), and title VI of the Civil Rights Act 
                of 1964 (42 U.S.C. 2000d et seq.) intersect; and
                    (B) to address sexual violence and gender-based 
                violence in an educational setting, it must be 
                acknowledged that--
                            (i) protections under these comprehensive 
                        civil rights laws--
                                    (I) are intersecting; and
                                    (II) address how sexual violence 
                                and gender-based violence affect equal 
                                access to education; and
                            (ii) without prompt and equitable responses 
                        to sexual violence, schools may be in violation 
                        of civil rights laws;
            (5) affirms the pursuit of legislative solutions that--
                    (A) address the unique needs and experiences of 
                survivors of sexual violence from communities that face 
                systemic barriers, including immigrant survivors, 
                survivors who are incarcerated, survivors with 
                disabilities, survivors of color, American Indian or 
                Alaska Native survivors, survivors of child sexual 
                abuse, and lesbian, gay, bisexual, transgender, queer, 
                and intersex survivors;
                    (B) clarify and strengthen existing protections 
                from sexual harassment and other forms of 
                discrimination in employment, housing, education, 
                public accommodations, and federally funded programs;
                    (C) allocate resources based on the needs and 
                vulnerability of diverse survivor populations; and
                    (D) allocate resources for disaggregated research 
                initiatives that shed light on the disproportionate 
                levels of sexual violence and gender-based violence, 
                and the impact of sexual violence and gender-based 
                violence, on diverse survivor populations; and
            (6) calls upon the executive branch to faithfully and 
        robustly enforce laws that protect survivors of sexual violence 
        and communities at higher risk of sexual violence and gender-
        based violence from harassment, discrimination, and 
        mistreatment.
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