WHETHER THE CRIMINAL PROVISIONS OF THE VIOLENCE AGAINST WOMEN ACT APPLY TO OTHERWISE COVERED CONDUCT WHEN THE OFFENDER AND VICTIM ARE THE SAME SEX

The criminal provisions of the Violence Against Women Act apply to otherwise covered conduct when the offender and victim are the same sex.

MEMORANDUM OPINION FOR THE ACTING DEPUTY ATTORNEY GENERAL

You have asked us whether the criminal provisions of the Violence Against Women Act (“VAWA”) apply to otherwise covered conduct when the offender and victim are the same sex. VAWA includes three criminal provisions: 18 U.S.C. § 2261 (2006), addressing interstate domestic violence; 18 U.S.C. § 2261A (2006), addressing interstate stalking; and 18 U.S.C. § 2262 (2006), addressing the interstate violation of a protection order. Consistent with the views we received, we conclude that each of these provisions applies when the offender and the victim are the same sex.

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http://www.justice.gov/olc/2010/vawa-opinion-04272010.pdf