Female Victims of Sexual Violence & Abuse by a Family Member

Membership in a Particular Social Group for Victims of Sexual Violence & Abuse by a Family Member

Membership in a Particular Social Group (PSG) - PSGs cannot be circular and “must have existed independently of the alleged persecutory acts.”

FGM/C was recognized as a basis for asylum in Matter of Kasinga, in which the cognizable PSG was “Young women who are members of the TchambaKunsuntu Tribe of northern Togo who have not been subjected to FGM, and who oppose it.”

Subsequently, many cases involving IPV have been brought by members of PSGs defined in part by elements of domestic abuse itself; eg, Matter of A-C-R-G: “Married women in Guatemala who suffer domestic abuse but are unable to leave their marriages due to cultural and legal constraints.” Neither PSG would be acceptable under the rule.

Matter of W-Y-C & H-O-B was a PSG proposed as "single Honduran women age 14 to 30 who are victims of sexual abuse within the family and who cannot turn to the government."

• Proposed Group: "Young women in El Salvador who are unable to leave abusive relationships with male family members." (This formulation is similar to the group considered in Matter of A-R-C-G-).
• Rationale: While "women" alone is generally too broad, case law has recognized that women facing harm particular to their gender and who lack state protection can form a PSG. This formulation attempts to narrow the group based on age, gender, the relationship to the abuser (male family member), and the inability to escape the situation, which might speak to the "immutable" nature of their vulnerability and lack of state protection.
• Challenge (Particularity/Social Distinction/Nexus): Defining "unable to leave" can be complex. Establishing social distinction requires showing this specific group is perceived as distinct by Salvadoran society. The nexus requires showing the abuse is on account of being a young woman in this specific vulnerable family dynamic, not just a private act of violence. The history of Matter of A-R-C-G- (vacated and later reaffirmed in different contexts) highlights the difficulty in this area.

POTENTIAL PSG FORMULATIONS

Combined Family and Vulnerability Characteristics:

• Proposed Group: "Young women in El Salvador who are members of the family of [Name of Stepfather] and are vulnerable to sexual violence by him."
• Rationale: This formulation combines the immutable characteristic of family membership with the specific vulnerability tied to age, gender, and the abuser's identity.
• Challenge (Particularity/Nexus): Similar to the above, defining the boundaries of vulnerability and clearly establishing that the persecution is on account of being a young woman within that specific family unit and vulnerable to this specific individual is essential. The nexus to the PSG (membership in the family combined with this specific vulnerability) must be clearly demonstrated.

Key Considerations for Any Proposed PSG:

• Immutability: Does the group share a characteristic they cannot or should not be required to change? (Family ties, age, gender are generally considered immutable).
• Social Distinction: Is this group perceived as distinct by society in El Salvador? (This can be challenging to prove, especially for groups defined by private relationships or vulnerabilities).
• Particularity: Is the group defined with sufficient clarity? (Avoid overly broad or amorphous definitions).
• Nexus: Is the persecution on account of membership in this group? This is often the most difficult element in domestic violence or gang-related cases. Evidence of the government's inability or unwillingness to control the persecutor is often crucial.