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Native American women encounter a disproportionate level of sexual violence from verbal abuse to physical harm, including but not limited to domestic and sexual assaults. Such violations not only result in lasting detrimental effects on the individuals subjected to them but also reverberate throughout their entire community, exacerbating social challenges.[1]
One proposal emphasizes the reinstatement of tribal authority in the prosecution of crimes committed within Indigenous territories, a strategy intended to foster accountability and justice within the community. Advocates are lobbying for legislative amendments to ensure that non-Indigenous men are held responsible under local or national laws.[2]
Amnesty International, in its report "Maze of Injustice: The failure to protect indigenous women from sexual violence in the USA", presented survivors' voices of sexual violence.[3] This research, conducted in 2005 and 2006 across the Standing Rock Sioux Reservation, Oklahoma, and Alaska, involved interviews with victims, tribal, state, and federal law enforcement officials, prosecutors, and tribal judges. The report highlighted the widespread fear among Indigenous women that their assaults would go unaddressed, leading to low reporting rates.[3]
Pursuing justice for these women often means navigating a maze of tribal, state, and federal law, where jurisdictional queries delay or even prevent cases from being heard. The report identifies several factors contributing to these injustices, including lack of training and inadequate response by police officers, underfunding of justice systems, federal restrictions on tribal courts' authority, and systemic discrimination. The 1978 Oliphant v. Suquamish case, which prohibits tribal courts from prosecuting non-Native suspects, further complicates the matter.[3]
A 2016 report released by the National Institute of Justice, collected data from 3,978 American Indian and Alaska Natives (2,473 women and 1,505 men), and found that more than half of the surveyed women had experienced sexual violence at some point. Specifically, 56.1% reported experiencing sexual violence during their lifetime, and 14.4% had experienced such violence in the year preceding the survey.[4] The report also indicated high rates of physical violence perpetrated by intimate partners, with 55.5% of female respondents reporting having experienced this form of violence in their lifetime. In the year before the survey, 8.6% of women reported having been victims of intimate partner violence.[4]
These findings[which?] from the National Intimate Partner and Sexual Violence Survey (NISVS) highlight the violence experienced by American Indian and Alaska Native adults.[5] The reported figures reveal that 83 percent of these individuals, or almost 3 million people, have experienced some form of violence in their lifetime. This violence ranges from psychological aggression to physical violence by intimate partners, stalking, or sexual violence. Both women and men in these communities are victimized at similar rates, with rates of 84.3 percent for women and 81.6 percent for men.[failed verification] However, women experience significantly higher rates of sexual violence and stalking compared to men.
In terms of lifetime victimization, American Indian and Alaska Native women experience 1.2 times as much victimization as Caucasian women, while men from these communities experience victimization at a rate 1.3 times higher than Caucasian men. More than two in five American Indian and Alaska Native female victims reported physical injuries as a result of this violence, and almost half needed services, most commonly medical care and legal services. More than a third were unable to receive these services. Most victims of violence experienced at least one act of violence committed by someone of a different race.[citation needed] This rate is 97 percent for women and 90 percent for men, while fewer victims experienced violence by an American Indian or Alaska Native. This supports the call for the sovereign right of federally recognized tribes to prosecute non-Indian individuals for crimes committed on tribal lands,[neutrality isdisputed] a right that had been denied until recently.[6]
The Tribal Sexual Assault Services Program (TSASP), managed by the U.S. Department of Justice, is an initiative to improve and expand services for victims of sexual assault within tribal communities. The scope of the program is quite broad, covering both Indian Country and Alaska Native villages.[7] TSASP projects are designed to provide direct services to victims of sexual assault, such as crisis intervention, accompaniment through medical and legal proceedings, counseling, and other supportive services. The program also aims to enhance the ability of tribes, tribal organizations, and nonprofit tribal organizations to respond to the needs of sexual assault victims effectively and sensitively.[7]
Funding from the program can also be used for developing and enhancing culturally appropriate and trauma-informed strategies and services. The aim is not only to provide immediate assistance to victims but also to create a systemic change within the tribal communities to better address sexual assault and its aftermath.[7] In addition to direct services, TSASP promotes coordination among tribal, federal, and state law enforcement agencies and prosecutors to ensure an effective response to sexual assault incidents within tribal jurisdiction. The ultimate goal of the program is to reduce the prevalence of sexual violence within tribal communities and to improve access to justice and healing services for victims.[7]
Then, in response to the levels of domestic violence, sexual assault, and stalking experienced by Native American women, the U.S. Department of Justice (DOJ) has initiated a number of measures to enhance the federal response to these crimes and support tribal efforts to ensure the safety of Native women.[8]
A 2004 DOJ report that used data from 1992-2002, found that people indigenous to the Americas ages 12 and older experience 5,900 sexual assaults per year. The report also found that Native peoples in the United States are twice as likely to experience rape/sexual assault compared to all other races.[9]
Almost half of all Native American women have experienced rape, physical violence, or stalking by an intimate partner, and one in three Indian women will experience the trauma of rape at some point in her life. Additionally, the murder rate of Native American women on some reservations exceeds the national average by over ten times.[8] To combat this trend, the DOJ launched an initiative on public safety in tribal communities, directed U.S. Attorneys to prioritize violence against women in Indian Country, and added 28 new Indian Country Assistant U.S. Attorneys in 2010 to increase the prosecution of serious crimes.[8]
A Violence Against Women Federal/Tribal Prosecution Task Force was established to assist in the development of best practice recommendations and resource materials concerning the prosecution of violence against women crimes in Indian Country. The Office on Violence Against Women (OVW) created a national clearinghouse on the sexual assault of Native women and implemented the SAFESTAR Project to address the collection and preservation of sexual assault evidence in rural and geographically isolated tribal communities.[8]
The Office for Victims of Crime (OVC) supports efforts to enhance American Indian and Alaska Native communities' capacity to provide services for victims of sexual assault through the Sexual Assault Nurse Examiner–Sexual Assault Response Team (SANE-SART) Initiative. To assist in providing accurate data for Indian tribal governments, OVW released a solicitation for the National Tribal Protection Order Registry Initiative. The OVW also announced the selection of four tribes for a Violence Against Women Tribal Special U.S. Attorney (SAUSA) Initiative, which aims to increase the likelihood that every viable violence against women criminal offense is prosecuted.[8]
Recognizing the complexities of the legal framework for criminal jurisdiction in Indian country, the DOJ has formally recommended new Federal legislation to better protect women in tribal communities from violent crime. Proposed amendments to the Violence Against Women Act (VAWA) include reaffirming tribal criminal jurisdiction over certain non-Indian offenders and clarifying tribal civil authority to issue and enforce protection orders. In partnership with tribal governments, the OVW continues to work towards decreasing violence against Native American women, strengthening the capacity of tribal governments to respond to these crimes, and ensuring the accountability of perpetrators.[8]
Organizations dedicated to addressing sexual victimization as well as gender-based violence against Native Americans include:
