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 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 deVerDate Sep 11 2014 02:39 Jul 24, 2019 Jkt 034408 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\SR281.IS SR281

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prive 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 


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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; 


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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 experiVerDate Sep 11 2014 02:39 Jul 24, 2019 Jkt 034408 PO 00000 Frm 00004 Fmt 6652 Sfmt 6300 E:\BILLS\SR281.IS SR281

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ence 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 


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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; 


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(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 

1 Resolved, That the Senate— 


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1 (1) commits— 

2 (A) to elevating the voices, leadership, and 

3 needs of communities that face systemic bar4 riers in the effort to end sexual violence and 

5 gender-based violence; and 

6 (B) to support all survivors of sexual vio7 lence, including— 

8 (i) immigrant survivors; 

9 (ii) survivors who are incarcerated; 

10 (iii) survivors with disabilities; 

11 (iv) survivors of color; 

12 (v) American Indian or Alaska Native 

13 survivors; 

14 (vi) survivors of child sexual abuse; 

15 and 

16 (vii) lesbian, gay, bisexual, 

17 transgender, queer, and intersex survivors; 

18 (2) supports efforts to raise awareness of the 

19 history of sexual violence prevention programs; 

20 (3) calls upon this Chamber— 

21 (A) to ensure that responding to the needs 

22 of sexual violence survivors is a legislative pri23 ority; 


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1 (B) to demonstrate proactive leadership in 

2 the effort to end sexual violence and gender3 based violence; and 

4 (C) to reject rollbacks of enforcement and 

5 interpretations of protections against harass6 ment under— 

7 (i) title VI of the Civil Rights Act of 

8 1964 (42 U.S.C. 2000d et seq.), which 

9 prohibits discrimination in education pro10 grams based on race, color, or national ori11 gin; 

12 (ii) title VII of the Civil Rights Act of 

13 1964 (42 U.S.C. 2000e et seq.), which pro14 hibits discrimination in employment based 

15 on race, color, national origin, sex (includ16 ing on the basis of sexual orientation, gen17 der identity, sex stereotypes, pregnancy, 

18 childbirth, and related medical conditions), 

19 or religion; 

20 (iii) title IX of the Education Amend21 ments of 1972 (20 U.S.C. 1681 et seq.), 

22 which prohibits discrimination in education 

23 programs based on sex (including on the 

24 basis of sexual orientation, gender identity, 

25 sex stereotypes, pregnancy, termination of 


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1 pregnancy, childbirth, and related medical 

2 conditions); 

3 (iv) titles I and II of the Americans 

4 with Disabilities Act of 1990 (42 U.S.C. 

5 12111 et seq.), which prohibit discrimina6 tion based on disability in employment and 

7 public schools, respectively; and 

8 (v) section 504 of the Rehabilitation 

9 Act of 1973 (29 U.S.C. 794), which pro10 hibits discrimination based on disability in 

11 education programs; 

12 (4) affirms that— 

13 (A) title IX of the Education Amendments 

14 of 1972 (20 U.S.C. 1681 et seq.), title II of the 

15 Americans with Disabilities Act of 1990 (42 

16 U.S.C. 12131 et seq.), section 504 of the Reha17 bilitation Act of 1973 (29 U.S.C. 794), and 

18 title VI of the Civil Rights Act of 1964 (42 

19 U.S.C. 2000d et seq.) intersect; and 

20 (B) to address sexual violence and gender21 based violence in an educational setting, it must 

22 be acknowledged that— 

23 (i) protections under these com24 prehensive civil rights laws— 

25 (I) are intersecting; and 


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1 (II) address how sexual violence 

2 and gender-based violence affect equal 

3 access to education; and 

4 (ii) without prompt and equitable re5 sponses to sexual violence, schools may be 

6 in violation of civil rights laws; 

7 (5) affirms the pursuit of legislative solutions 

8 that— 

9 (A) address the unique needs and experi10 ences of survivors of sexual violence from com11 munities that face systemic barriers, including 

12 immigrant survivors, survivors who are incar13 cerated, survivors with disabilities, survivors of 

14 color, American Indian or Alaska Native sur15 vivors, survivors of child sexual abuse, and les16 bian, gay, bisexual, transgender, queer, and 

17 intersex survivors; 

18 (B) clarify and strengthen existing protec19 tions from sexual harassment and other forms 

20 of discrimination in employment, housing, edu21 cation, public accommodations, and federally 

22 funded programs; 

23 (C) allocate resources based on the needs 

24 and vulnerability of diverse survivor popu25 lations; and 


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1 (D) allocate resources for disaggregated re2 search initiatives that shed light on the dis3 proportionate levels of sexual violence and gen4 der-based violence, and the impact of sexual vi5 olence and gender-based violence, on diverse 

6 survivor populations; and 

7 (6) calls upon the executive branch to faithfully 

8 and robustly enforce laws that protect survivors of 

9 sexual violence and communities at higher risk of 

10 sexual violence and gender-based violence from har11 assment, discrimination, and mistreatment. 

Æ 


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