A 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.

III 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 immi- grant survivors, survivors who are incarcerated, survivors with disabil- ities, 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 de- VerDate Sep 11 2014 02:39 Jul 24, 2019 Jkt 034408 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\SR281.IS SR281 pbinns on DSK79D2C42PROD with BILLS 2 •SRES 281 IS prive individuals of equal access to educational opportuni- ties; Whereas survivors of sexual violence face a significant num- ber of health problems, including chronic conditions, sui- cide, depression, and post-traumatic stress disorder; Whereas discrimination on the basis of sex includes discrimi- nation 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 sexu- ally 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 Afri- can 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, gen- der 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 VerDate Sep 11 2014 02:39 Jul 24, 2019 Jkt 034408 PO 00000 Frm 00002 Fmt 6652 Sfmt 6300 E:\BILLS\SR281.IS SR281 pbinns on DSK79D2C42PROD with BILLS 3 •SRES 281 IS stalking by an intimate partner, compared to 35 percent of heterosexual women; and (2) 40 percent of gay men and 37 percent of bisex- ual 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, bi- sexual, 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 experi- enced rape; VerDate Sep 11 2014 02:39 Jul 24, 2019 Jkt 034408 PO 00000 Frm 00003 Fmt 6652 Sfmt 6300 E:\BILLS\SR281.IS SR281 pbinns on DSK79D2C42PROD with BILLS 4 •SRES 281 IS Whereas, according to a research report by the National In- stitute of Justice, 56.1 percent of American Indian and Alaska Native women have experienced sexual violence; Whereas sexual violence also affects adolescent girls and, ac- cording 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 sys- temic barriers are ignored, blamed, and cast aside when seeking support after experiencing a form of sexual vio- lence 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 vio- lence when that violence occurs; Whereas incarcerated women report extensive histories of emotional, physical, and sexual abuse; Whereas, according to the Department of Justice, ‘‘allega- tions 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 experi- VerDate Sep 11 2014 02:39 Jul 24, 2019 Jkt 034408 PO 00000 Frm 00004 Fmt 6652 Sfmt 6300 E:\BILLS\SR281.IS SR281 pbinns on DSK79D2C42PROD with BILLS 5 •SRES 281 IS ence criminal penalties for their responses to sexual vio- lence; 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, mak- ing 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 har- assed 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 stu- dents with traditional gender expression; Whereas high-quality, medically accurate, and LGBTQ-af- firming sex education is critical in the effort to eliminate VerDate Sep 11 2014 02:39 Jul 24, 2019 Jkt 034408 PO 00000 Frm 00005 Fmt 6652 Sfmt 6300 E:\BILLS\SR281.IS SR281 pbinns on DSK79D2C42PROD with BILLS 6 •SRES 281 IS sexual violence by teaching young people about sexual as- sault, 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 top- ics; 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 worth- lessness, and an abnormal or distorted view of sex; Whereas, according to the Rape, Abuse & Incest National Network, there is an increased likelihood that an indi- vidual will suffer from suicidal or depressive thoughts after experiencing sexual violence; Whereas, at a time of prioritized mass detention and deporta- tion and the rescinding of the Deferred Action for Child- hood 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 popu- lations; 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; VerDate Sep 11 2014 02:39 Jul 24, 2019 Jkt 034408 PO 00000 Frm 00006 Fmt 6652 Sfmt 6300 E:\BILLS\SR281.IS SR281 pbinns on DSK79D2C42PROD with BILLS 7 •SRES 281 IS (2) many rape crisis centers have waiting lists for prevention programs; and (3) more investment is needed in the Rape Preven- tion and Education Program; Whereas a 2016 National Consensus Statement of Anti-Sex- ual Assault and Domestic Violence Organizations in Sup- port of Full and Equal Access for the Transgender Com- munity, signed by over 300 local, State, and national or- ganizations, stated: ‘‘As organizations that care about re- ducing assault and violence, we favor laws and policies that protect transgender people from discrimination, in- cluding 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 sur- vivors, 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 lin- guistically appropriate and relevant services and accom- modations; Whereas current support systems mandated by Federal law for survivors of sexual violence are neither comprehensive nor fully representative of the vast and pervasive ele- ments within rape culture; and Whereas Congress is working to confront pervasive sexual vi- olence in the workplace, in schools, and in every area of life: Now, therefore, be it Resolved, That the Senate— 1 VerDate Sep 11 2014 02:39 Jul 24, 2019 Jkt 034408 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\SR281.IS SR281 pbinns on DSK79D2C42PROD with BILLS 8 •SRES 281 IS (1) commits— 1 (A) to elevating the voices, leadership, and 2 needs of communities that face systemic bar- 3 riers in the effort to end sexual violence and 4 gender-based violence; and 5 (B) to support all survivors of sexual vio- 6 lence, including— 7 (i) immigrant survivors; 8 (ii) survivors who are incarcerated; 9 (iii) survivors with disabilities; 10 (iv) survivors of color; 11 (v) American Indian or Alaska Native 12 survivors; 13 (vi) survivors of child sexual abuse; 14 and 15 (vii) lesbian, gay, bisexual, 16 transgender, queer, and intersex survivors; 17 (2) supports efforts to raise awareness of the 18 history of sexual violence prevention programs; 19 (3) calls upon this Chamber— 20 (A) to ensure that responding to the needs 21 of sexual violence survivors is a legislative pri- 22 ority; 23 VerDate Sep 11 2014 02:39 Jul 24, 2019 Jkt 034408 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\SR281.IS SR281 pbinns on DSK79D2C42PROD with BILLS 9 •SRES 281 IS (B) to demonstrate proactive leadership in 1 the effort to end sexual violence and gender- 2 based violence; and 3 (C) to reject rollbacks of enforcement and 4 interpretations of protections against harass- 5 ment under— 6 (i) title VI of the Civil Rights Act of 7 1964 (42 U.S.C. 2000d et seq.), which 8 prohibits discrimination in education pro- 9 grams based on race, color, or national ori- 10 gin; 11 (ii) title VII of the Civil Rights Act of 12 1964 (42 U.S.C. 2000e et seq.), which pro- 13 hibits discrimination in employment based 14 on race, color, national origin, sex (includ- 15 ing on the basis of sexual orientation, gen- 16 der identity, sex stereotypes, pregnancy, 17 childbirth, and related medical conditions), 18 or religion; 19 (iii) title IX of the Education Amend- 20 ments of 1972 (20 U.S.C. 1681 et seq.), 21 which prohibits discrimination in education 22 programs based on sex (including on the 23 basis of sexual orientation, gender identity, 24 sex stereotypes, pregnancy, termination of 25 VerDate Sep 11 2014 02:39 Jul 24, 2019 Jkt 034408 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\SR281.IS SR281 pbinns on DSK79D2C42PROD with BILLS 10 •SRES 281 IS pregnancy, childbirth, and related medical 1 conditions); 2 (iv) titles I and II of the Americans 3 with Disabilities Act of 1990 (42 U.S.C. 4 12111 et seq.), which prohibit discrimina- 5 tion based on disability in employment and 6 public schools, respectively; and 7 (v) section 504 of the Rehabilitation 8 Act of 1973 (29 U.S.C. 794), which pro- 9 hibits discrimination based on disability in 10 education programs; 11 (4) affirms that— 12 (A) title IX of the Education Amendments 13 of 1972 (20 U.S.C. 1681 et seq.), title II of the 14 Americans with Disabilities Act of 1990 (42 15 U.S.C. 12131 et seq.), section 504 of the Reha- 16 bilitation Act of 1973 (29 U.S.C. 794), and 17 title VI of the Civil Rights Act of 1964 (42 18 U.S.C. 2000d et seq.) intersect; and 19 (B) to address sexual violence and gender- 20 based violence in an educational setting, it must 21 be acknowledged that— 22 (i) protections under these com- 23 prehensive civil rights laws— 24 (I) are intersecting; and 25 VerDate Sep 11 2014 02:39 Jul 24, 2019 Jkt 034408 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\SR281.IS SR281 pbinns on DSK79D2C42PROD w [Text truncated for display. Full text available on Congress.gov.]