[Congressional Record Volume 165, Number 124 (Tuesday, July 23, 2019)]
[Senate]
[Pages S5016-S5017]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 SENATE RESOLUTION 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

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

                              S. Res. 281

       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;

[[Page S5017]]

       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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