NCJ Number
218361
Date Published
2006
Length
4 pages
Annotation
This paper identifies the many obstacles that Native-American and Alaska Native women face in obtaining justice and services should they be raped or sexually assaulted.
Abstract
According to the U.S. Department of Justice, Native-American and Alaska Native women are 2.5 times more likely to be raped or sexually assaulted than U.S. women in general. At least 86 percent of the perpetrators are non-Indian. The effective investigation and prosecution of these crimes have been undermined by the Federal Government's creation of a complex maze of tribal, State, and Federal law that has the effect of denying justice to Indigenous victims of sexual violence. State and Federal authorities often do not prosecute crimes of sexual violence that occur on tribal lands because of confusion about jurisdiction due to the alleged perpetrator often being a non-Indian. Tribal courts are the most appropriate forums for adjudicating all crimes that occur on tribal lands, but a series of Federal laws and U.S. Supreme Court decisions have increasingly restricted tribal jurisdiction over crimes committed on tribal lands. In addition, law enforcement in Indian Country and Alaska Native villages is chronically underfunded, and survivors of sexual violence are not guaranteed access to adequate and timely sexual assault forensic examinations. This is partly due to the Federal Government's underfunding of the Indian Health Service. The erosion of tribal governmental authority and resources for the protection of Indigenous women from sexual violence is inconsistent with international standards on the rights of Indigenous peoples. There is some hope for change, however. In 2005, the U.S. Congress reauthorized the Violence Against Women Act, which for the first time included a Tribal Title (Title IX) intended to improve safety and justice for Native-American and Alaska Native women.