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History of injustice

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Title:
History of injustice the factors affecting rates of sexual assault against American Indian and Alaska Native women
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Watkins, Elizabeth Jane. ( author )
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Denver, CO
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University of Colorado Denver
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Sexual abuse victims ( lcsh )
Indian women -- North America ( lcsh )
Eskimo women ( lcsh )
Eskimo women ( fast )
Indian women ( fast )
Sexual abuse victims ( fast )
North America ( fast )
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bibliography ( marcgt )
theses ( marcgt )
non-fiction ( marcgt )

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This thesis explores the various factors that contribute to the high rates of sexual assault American Indian and Alaska Native women experience. Those factors include historical violence and racism; colonialism; and other geographic, economic, jurisdictional, legislative, and social issues. This thesis also explores what has been proposed and what has been done to address the violence, and what could further be done to prevent the violence.
Thesis:
Thesis (M.S.S.)--University of Colorado Denver. Humanities and social sciences
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Includes bibliographic references.
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Department of Humanities and Social Sciences
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by Elizabeth Jane Watkins.

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|University of Colorado Denver
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|Auraria Library
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880351306 ( OCLC )
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Full Text
HISTORY OF INJUSTICE: THE FACTORS AFFECTING RATES OF SEXUAL
ASSAULT AGAINST AMERICAN INDIAN AND ALASKA NATIVE WOMEN
by
ELIZABETH JANE WATKINS
B.A., University of Colorado Denver, 2007
A thesis submitted to the
Faculty of the Graduate School of the
University of Colorado Denver
in partial fulfillment
of the requirements for the degree of
Master of Social Sciences
Humanities and Social Sciences
2013


This thesis for the Master of Social Sciences degree by
Elizabeth Jane Watkins
has been approved for the
Humanities and Social Sciences program
by
Donna Martinez, Chair
Virginia Fink
Glenn Morris
Omar Swartz
April 30, 2013


Watkins, Elizabeth Jane (M.S.S., Humanities and Social Sciences)
History of Injustice: The Factors Affecting Rates of Sexual Assault against American
Indian and Alaska Native Women
Thesis directed by Professor Donna Martinez
ABSTRACT
This thesis explores the various factors that contribute to the high rates of sexual
assault American Indian and Alaska Native women experience. Those factors include
historical violence and racism; colonialism; and other geographic, economic,
jurisdictional, legislative, and social issues. This thesis also explores what has been
proposed and what has been done to address the violence, and what could further be done
to prevent the violence.
The form and content of this abstract are approved. I recommend its publication.
Approved: Donna Martinez
m


DEDICATION
I dedicate this thesis to Edward Doyle. Your joy and patience continually give me
strength and peace. I also dedicate this thesis to Jacob Watkins, the sweet miracle of the
Watkins family.
IV


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TABLE OF CONTENTS
CHAPTER
INTRODUCTION.......................................
LITERATURE REVIEW..................................
Definitions........................................
Data Studies.......................................
History of Racism and Violence toward ALAN Women
Historical Trauma..................................
Current Crime Rates and Issues Affecting the Rates.
Geographic Issues..................................
Jurisdictional/Legislative Issues..................
Economic Issues....................................
Social Issues......................................
ROLE 01 THEORY.....................................
Colonialism........................................
Economic Theories..................................
Social Theories....................................
DISCUSSION.........................................
What Has Been Proposed to Address the Problem......
Investigation......................................
Treatment..........................................
Legislation........................................
Cultural Reform


What Has Been Done to Address the Problem................................65
Legislation..............................................................65
Investigation............................................................67
Other Initiatives........................................................68
V. CONCLUSION................................................................71
What Could Be Done to Address the Problem................................71
Legislative Reform.......................................................74
Judicial Reform..........................................................78
Educational Reform.......................................................81
Research Reform..........................................................84
Cultural Reform..........................................................86
BIBLIOGRAPHY.............................................................93
APPENDIX................................................................105
vi


CHAPTERI
INTRODUCTION
Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable
network of mutuality, tied in a single garment of destiny. Whatever affects one directly,
affects all indirectly... .Anyone who lives inside the United States can never be
considered an outsider anywhere within its bounds.Dr. Martin Luther King, Jr. (1963)
While the rates of sexual assault experienced by women of every race are
disturbingly high, reports released the Bureau of Justice Statistics, Amnesty International,
and other research initiatives suggest the rates of sexual assault toward American Indian
and Alaska Native (AI/AN) women are among the highest. According to Lawrence
Greenfield and Steven Smith from the U.S. Bureau of Justice Statistics, ALAN women
are twice as likely to be victimized by violent crimes than any other race, male or female,
and they are more likely than any other group of women to be the victims of sexual
assault. In fact, the average annual rate of rape and sexual assault among ALAN
communities is 3.5 times higher than for all other races (Greenfield & Smith, 1999). In
total, over 34 percent of ALAN women (more than one in three) will report being raped
in their lifetime, compared with less than one in five women overall in the United States
(Tjaden & Thoennes, 2000). Further, 60 percent of perpetrators who commit violence
against ALAN women are white (Greenfield & Smith, 1999).
When reading studies on the high rates of sexual violence ALAN women
experience, one obvious question comes to mindWhy? Why do ALAN women
experience such high rates of sexual violence? Not only do ALAN women experience
high rates of assault, but the perpetrators of the assault are also disproportionately white
or of another race. This disproportionateness suggests there are factors of the violence
distinctive to ALAN women that are affecting the rates of sexual assault.
1


To understand the contributing factors that may have led to these rates, my initial
intent of this thesis was to conduct a secondary data analysis (Schutt, 2004) of
quantitative data provided by the National Crime Victimization Survey (NCVS). The
NCVS is a survey that has collected data since 1973 and includes the largest nationally
representative random sample of American households (random based on residential
addresses). Administered by the U.S. Census Bureau on behalf of the Bureau of Justice
Statistics in the Department of Justice, the survey is the primary source of national
information on the characteristics of criminal victimization and on the number and types
of crimes not reported to law enforcement authorities (National Archive of Criminal
Justice Data, 2011, U 1). The survey consists of in-person and telephone interviews of
between 49,000 and 100,000 persons twice a year. The questions ask interview subjects
ages 12 years and older about their victimization experiences with personal and property
crimes. I chose the NCVS because it is the only survey to monitor rape and sexual assault
in the United States on a biannual basis. The sample used for the survey is also large and
the data collection methods sufficient to ensure the results are possibly the most reliable
of any data available.
To conduct a secondary NCVS data analysis, I initially planned to analyze several
variables involved in the sexual assaults of AI/AN women, including:
rates of sexual assault AI/AN women reported to the survey
rates of sexual assault AI/AN women reported to the police
incomes of AI/AN women
victims locations of residence (rural, urban, or rural/ urban reservation)
perpetrators races/ethnicities
I planned to frame the comparison of these variables using the Inequality Crime Theory
and theories on globalization. My initial conjecture was that a history of social and
2


economic disempowerment may have led to poverty that in turn left AI/AN women more
vulnerable to sexual assault victimization.
Upon delving into the NCVS data, however, I noticed a few issues. First, [bjecause
of size and design, nationally representative surveys such as the NCVS do not provide
estimates of crime and victimization for individual American Indian tribes or Alaska
Native villages (Perry, 2004, p. 41). Because the survey lumps AI/AN tribes together,
the individual identities and unique problems of AI/AN tribes are not represented within
the data.
Also, and most notably, while the data may contain a large amount of national
information on AI/AN women, it is not all-encompassing. When I planned to use the
NCVS data to analyze the rates of sexual assault against AI/AN women, my assumption
was the rates could be analyzed for AI/AN women in the same manner as any other group
of women. After comparing the variables of the data, however, I noticed there was very
little data on AI/AN women to study. For example, of 10 years of NCVS data (1992-
2001) and 1.8 million interviews studied by Steven Perry (1992-2001), AI/AN peoples
comprised just over 13,000 interviews (2004). This means AI/AN peoples comprised
0.72 percent of the survey respondents. This figure is understandable, as AI/AN people
made up 0.9 percent of the total population in 2000. However, the numbers, and therefore
the rates, of rape and sexual assault reported to the survey were small, or about 5 reports
per 1000 people. While this rate is 2.5 times larger than the rates reported by white or
black women (2 per 1000) or Asian women (1 per 1000), if there were just over 13,000
AI/AN people interviewed in the survey, then only a maximum of 65 reports of sexual
assault and rape for AI/AN women could be studied from 10 years of data (Perry, 2004).
3


The small number of rates suggest that sexual assault and rape happen relatively
infrequently for AI/AN women. However, other quantitative and qualitative reports
suggest otherwise. Not only are AI/AN women at a disadvantage in studies such as the
NCVS, particularly with the lack of phone and internet service on some reservations; but
AI/AN women also often have a distrust with law enforcement and others seeking
information about crimes within AI/AN communities, this distrust a result of history.
Even if the data from the NCVS and other surveys represented the actual rates of
sexual assault and rape, the quantitative data is not sufficient to understand the problems
behind the rates. Data provides numbers, not explanations of the numbers. While the rates
show that AEAN women are more than twice as likely to be victims of sexual assault,
even a comparison of the datas variables does not explain the various and multi-faceted
issues AEAN face within their respective communities.
Therefore, my experiences of comparing variables of sexual assault toward AEAN
women led to a new set of research questions: What are the factors that are contributing
to these disproportionately high rates? Are AEAN women more susceptible to violence,
and/or specifically targeted currently because of how they were targeted historically?
AEAN women have been victimized by explicit and violent acts of racism throughout
history, particularly from colonialism. Has historical racism toward AEAN communities
continued into current treatment of AEAN women? If the acts of violence AEAN women
experience are the result of historical and current social circumstances, what should be
done to stop and prevent the violence?
4


After exploring why the rates of sexual assault toward AI/AN women are so high,
several factors from previous research came to light that could be addressed in possible
solutions to stop and prevent this violence:
historical racism and violence as a result of colonialism
historical trauma
legislative barriers and jurisdictional confusion that have complicated the
investigation and prosecution of AI/AN sexual assault cases
economic barriers that resulted in poverty and a lack of access to resources
geographic barriers that further prevent access to resources
social barriers, largely resulting from colonialism, that have led to a vicious cycle
of marginalization, internal problems for AI/AN communities, and hesitation to
seek or receive justice for crime victimizations
solutions that address only parts of a multifaceted problem
Research into such an issue is important because, as Hilary Weaver suggests, violence
against any aspect of humanity affects us all (or as the Lakota phrase states, Mitakuye
Oyasin, or We are all related). A prevalent trend of violence within one subset of
society suggests there is a grave problem of violence within all society, and the
acceptance of this violence would reflect larger psychological and social problems of
society. By being aware of the circumstances behind the trends of violence against
AI/AN women, societal reform can occur to reduce and eventually prevent such incidents
of violence, against AI/AN women as well as other groups of men, women, and children
(Weaver, 2009).
In Chapter 2 of this thesis, I will discuss previous research on sexual violence
toward AI/AN women. This research includes quantitative and qualitative studies;
analysis of the history of violence; how historical trauma results from and may ultimately
contribute to the violence; and the current issues affecting the rates, including geographic
issues, economic issues, legislative and jurisdictional issues, and social issues.
5


In Chapter 3,1 discuss several theories that may shed more light on the issues
behind the rates of sexual assault toward AI/AN women. These theories include
colonialism, economic theories, and social theories.
In Chapter 4,1 discuss actions that have been proposed to address the rates of
sexual assault. These actions include changes to the investigation of the assaults, the
treatment provided to AI/AN women following the assault, legislation that inhibits the
prevention and investigation of reported assaults, and cultural reforms that could address
the underlining issues contributing to the rates. I also discuss what has actually been done
to address sexual assault toward AI/AN women, including legislation that was proposed
and/or passed like increased funding for law enforcement, improved investigative
measures, and other initiatives focused on the underlining issues of the violence.
In Chapter 5,1 conclude with what could further be done to prevent and reduce
the rates of sexual assault toward AI/AN women. This section includes suggestions from
other researchers about what could be done legislatively, judicially, educationally,
culturally, and with research to expand on initiatives against violence, as well as my
thoughts on ways to address the roots of the violence.
6


CHAPTER II
LITERATURE REVIEW
Definitions
Before the rates of sexual violence against AI/AN women can be discussed,
sexual assault needs to be defined. The National Online Resource Center on Violence
Against Women (VAWnet) defines sexual assault as an incident that occurs any time a
person is forced, coerced, and/or manipulated into any unwanted sexual activity. These
activities include incest, various forms of rape (including partner or statutory rape), child
sexual assault, sexual harassment, human trafficking, unwanted sexual contact, and
voyeurism (2011, ]} 1). This definition aligns with the definition of sexual assault from
the United States Department of Justices Office of Violence Against Women, which also
includes child molestation, incest, attempted and completed forced sexual intercourse,
and unwanted fondling (Areas of Focus: Sexual Assault, 2013). For the sake of
narrowing the focus, I will address forced or attempted rape of AI/AN women.
In addition to sexual assault, American Indian and Alaska Native needs to be
defined. While the definitions of American Indian and Alaska Native vary within
different departments and programs, this thesis will use the definition provided by the
Department of Interior, which correlates with the ethnic and race categories on the United
States Census and the categories used in national surveys. According to the Department
of the Interior, Bureau of Indian Affairs, an Indian group means any Indian or Alaska
Native aggregation within the continental United States that the Secretary of the Interior
does not acknowledge to be an Indian tribe. A member of an Indian group must meet the
tribal criteria and consent to be listed as part of that group. In contrast, an Indian tribe
7


means any Indian or Alaska Native tribe, band, pueblo, village, or community within the
continental United States that the Secretary of the Interior presently acknowledges to
exist as an Indian tribe. Members must meet the membership requirement through
government documentation and/or recognition as a member by the tribal governing body
(2011). The 2010 Census reported that 5.2 million people in the United States identified
as American Indian and Alaska Native, 2.9 million people identifying themselves as
American Indian and Alaska Native alone, and 2.3 million identifying themselves as
American Indian and Alaska Native in combination with other races (Norris et. al, 2012).
In total, AI/AN peoples constitute approximately 1% of the total population (Walters &
Simoni, 2002, ]} 8). The U.S. Department of Interiors Bureau of Indian Affairs currently
reports there are 566 federally recognized tribes in the United States (Department of the
Interior, 2012).
Data Studies
Very few people know about these figures, stats and shocking disparities.. .To be honest,
I don't think we really knew and we're a human rights organization. I think it speaks
volumes about the general lack of awareness among non-natives when it comes to the
incredible rates of rape and sexual assault in native communities. -Larry Cox, executive
director of Amnesty International USA (Cited in Lee, 2007, H 18)
Several surveys and studies were and continue to be conducted to analyze the
severity of sexual assault rates for ALAN women. In December 2004, Steven Perry
published an analysis of the NCVS on behalf of the Department of Justices Bureau of
Justice Statistics. Perry analyzed data from the NCVS surveys taken from 1992-2002.
Based on his findings from the survey results, ALAN peoples experienced rates of
violence twice that of the U.S. population (2004). ALAN women were more likely
victims of rape/sexual assault by a stranger or acquaintance rather than an intimate
8


partner or family member; 60% of AI/AN victims of violence described their offenders as
white; and in nearly one-third of the violent crime incidents against AI/AN peoples a
weapon was used by the offender (such as firearms, knives, blunt objects, and personal
weapon), a rate higher than the rates among all races (2004).
Perry also found that between 1992-2001, AI/AN peoples age 12 or older
experienced an estimated 100,500 simple and aggravated assaults, 9,600 robberies, and
5,900 rapes or sexual assaults annually. AI/AN women were also twice as likely to
experience a rape/sexual assault (5 per 1,000 persons age 12 or older) compared to all
races (2 per 1,000) (2004). In fact, Perry noticed that AI/AN women experienced a rate of
violent crime victimization (86 per 1,000) that was 2V2 times the rate for all women.
While AI/AN women reported that 25% of offenders were intimate partners or family
members and 34% were acquaintances, 78% reported that their offenders were white, 9%
were black, and only 14% were of another race (2004).
In addition to Perrys report, in August 2010, Ronet Bachman et. al also published
their analysis of data from the NCVS, though the data from their results came from
surveys taken between 1992 and 2005. In their analysis, Bachman and her colleagues
explored how the characteristics of rape and sexual assault experienced by AI/AN women
compared to the experiences of African American and white women.
From their analysis of the data, Bachman and her colleagues found that AI/AN
women were more likely to face armed offenders, more likely to require medical
attention for injuries resulting from the attack, and while they were more likely to report
their victimizations to the police, the assaults of AI/AN women were much less likely to
result in an arrest (2010). Bachman and her colleagues also found that sexual assaults
9


against AI/AN women were more likely to be interracial, with the offenders more likely
to be under the influence of drugs or alcohol, in comparison to the attacks African
American and white women experienced. This study and others have reinforced the
devastating impact that drugs and alcohol can have on the rates of sexual assault,
particularly against AI/AN women. In fact, drugs and alcohol have been prevalent
problems within the AI/AN communities and surrounding areas, possibly contributing to
the rates of assault (2010). (According to Futures without Violence, 68% of AI/AN
victims of sexual assault believed their attackers had drank or took drugs prior to the
attacks) (2013).
The publication of these results from NCVS came two years after Bachman and
her colleagues discussed the results of the National Violence Against Women Survey
(NVAWS). From 1995 through 1996, the NVAWS relied on a nationally representative
sample of 8,000 women through phone surveys to obtain information about all forms of
rape, including vaginal, anal, and oral penetration. According to the NVAWS, 34% of
AI/AN women had experienced a completed or attempted rape in their lifetime,
compared to 18% of white, 19% of African American, and 7% of Asian and Pacific
Islander women. The NVAWS also found that AI/AN women were significantly more
likely than white women, African-American women, or mixed-race women to report they
were raped (Bachman et. al, 2008).
In February 2010, the Urban Indian Health Institute analyzed the data collected
during cycle 6 (2002) of the National Survey of Family Growth (NSFG) for AI/AN
women. In their report, the Institute used non-Hispanic white urban women (NH-whites)
as a comparison group. Of the 7,643 females interviewed in the sample, 357 (5%) were
10


AI/AN and 4,039 (53%) were NH-whites. Of these, 299 AI/AN and 3,173 NH-whites
were defined as urban. The results of the survey found that urban AI/AN women
experienced non-voluntary first sexual intercourse at a rate more than twice that of NH-
whites (17% vs. 8%),' Overall, percentages of having ever experienced forced sexual
intercourse were higher among urban AI/AN than NH-whites, but were not significantly
different (21% vs. 18%) (2010).
The sample size of the NSFG study relates to the sample size of a study published
in the American Journal of Public Health. In the latter study, Teresa Evans-Campbell et.
al. targeted a specific group of AI/AN women. From 2000 to 2003, Evans-Campbell and
her colleagues used a survey to interview 112 adult AEAN women and 85 men in New
York City about their experiences with interpersonal violence, mental health, HIV risk
behaviors, and help-seeking. Participants ages ranged from 18 to 77 years. Education
levels ranged from 6 to 17 years of formal schooling. Household incomes fell between
$30,000 and $39,999, compared with $43,393 as the median income for residents of New
York City overall. Over half (63.6%) of participants were born in an urban area, while
36.4% were born in a rural area or on a reservation. Results of the quantitative survey
found that over 65% of AEAN women had experienced some form of interpersonal
violence, of which 48% reported rape, 41.7% reported they had been touched against
their will sometime in their lives, and 40% reported multiple victimization experiences.
Evans-Campbell and her colleagues concluded that AEAN women experienced high rates
of interpersonal violence and trauma that further related to other health problems (2006).
While the above studies examined the quantitative rates of sexual violence
experienced by AEAN women, two years after Evans-Campbell and her colleagues
1 Unlike the NVAWS, questions of the NFGS related to only vaginal intercourse.
11


conducted their study, Sarah Deer, a law professor at William Mitchell College of Law in
Minnesota and an expert on violent crime on reservations, and her colleagues from the
Tribal Law and Policy Institute within the U.S. Department of Justices Office of
Violence Against Women (OVW) conducted a qualitative study to analyze the
effectiveness of criminal jurisdiction policies for the report, prosecution, and reduction of
assault incidents. Sarah Deer et. al convened a focus group of stakeholders from Public
Law 280 (P.L. 280) jurisdictions to discuss how the passage of the law in 1953 has
affected ALAN communities. Thirty-four invitees selected by OWV attended, including
29 participants and 5 observers. Based on the notes of the facilitators, the themes of
concern included: funding problems; data collection issues; lack of reporting of sexual
assault; not enough use of Sexual Assault Nurses and sexual assault protocols; lack of
understating at the state level of tribal culture and Public Law 280; and problems with
policies within the Indian Health Service (I.H.S.) (2007, p. 9). General
recommendations to enhance the response to sexual assault included: standardization of
forms between state/county and tribe with cultural traditions to encourage healing,
increased training for both county and tribal law enforcement, and education for
attorneys on [P.L. 280] on the state bar exam (2007, p. 9).
One area not addressed in the above studies is the process of investigating rapes
and sexual assaults once they have been reported. In May 2010, the National Council of
Juvenile and Family Court Judges Training Center (NCJFCJ) held a roundtable to hear
from local, state, and national experts (victim advocates, law enforcement officers, crime
2 P.L. 280 gave six states civil adjudicatory and criminal jurisdiction in ALAN territories: Alaska,
California, Minnesota (excluding the Red Lake Reservation), Nebraska, Oregon (excluding the Warm
Springs Reservation), and Wisconsin. The act allowed other states to opt in at a later date. There was no
tribal consent required for this jurisdictional change.
12


laboratory experts, and prosecutors). Discussed at the roundtable were the untested rape
kits backlog and broader issues of investigating and prosecuting sexual assault cases. At
the roundtable, Michael Sheppo, Director of the Office of Investigative and Forensic
Sciences at the National Institute of Justice (NIJ) said that 18 percent of unsolved sexual
assault cases with forensic evidence were not submitted to a crime laboratory for
analysis. The most noteworthy part of the roundtable was the presentation by RTI
International. In 2007, RTI International received funds from NIJ to conduct a survey to
estimate the number of unsolved violent crime cases (homicide and rape) and property
cases that contained forensic evidence, but were not submitted to a crime laboratory for
analysis (2010, p. 48). According to the NCJFCJ report, law enforcement agencies faced
substantial forensic case backlogs for homicide, rape, and property cases. The estimated
unsolved cases with unanalyzed forensic evidence were 1 in 7 homicides cases, 1 in 5
rape cases, and 1 in 4 property crimes (2010).
The results of the RTI survey present an interesting factor of reporting and
prosecuting sexual assaults of AI/AN womenthe untested rape kits that are backlogged.
With P.L. 280 confusing jurisdictions over sexual assault cases, AI/AN sexual assault
cases going unreported, and backlogs in rape kits for cases actually reported, the actual
number of AI/AN women victimized by sexual violence may remain high while reports
and prosecutions of such victimizations remain low. These factors discourage AI/AN
from reporting their victimizations to the police, which in turn discourages justice from
taking place through the prosecution of reported cases.
To look further into the reports and prosecution of sexual assault cases, another
study with a regional focus (California) was conducted by the Native American
13


Communities Justice Project (NACJP). Throughout the first half of 2009 (late February-
mid May 2009), NACJP brought together a substantial cross section of the California
AI/AN community with members of the California court system to discuss family
violence issues: domestic violence, sexual assault, stalking, and teen-dating violence.
Seventeen community meetings were held across California with over 500 AI/AN
peoples from federally and non-federally recognized tribes in attendance. Of the over 500
participants in attendance, 408 completed a questionnaire. Most respondents answered
that sexual assault was the second most prevalent family violence problem, after
domestic violence. Of the respondents who answered this question, 59% believed it was
equally likely for perpetrators of violent family crimes to be tribal members, members of
different tribes, or non-Indians. While 90.5% of respondents said women are typically the
victims of these incidents of violence, young girls were believed to be the victims most
often. Of the respondents who answered this question, 73% of respondents said these
incidents of violence do not get reported to law enforcement. Nearly 73% also believed
some incidents of violence are investigated less than others. In regards to seeking justice
for these acts of violence, 44% of respondents said that state courts are used for incidents
of sexual violence, while 40% of respondents said they had a tribal court (2010).
While the sample of the NACJP seemed somewhat substantial, the sample size of
the NCVS data studied by Jennifer Truman and Michael Rand far outsized the NACJP
sample size, as the NCVS had a national focus. In 2009, NCVS interviewed 38,728
households and 68,665 individuals twice about their experiences with victimization to
crimes. The quantitative survey showed that about half (49%) of all violent crimes (rape
3 The project was established by the Judicial Council of Californias Center for Families, Children & the
Courts.
14


or sexual assault, robbery, and aggravated assault or simple assault), were reported to the
police in 2009. What was most surprising about the survey results was that, unlike the
results of the NACJP study (where 73% of participants believed incidents of sexual
assault typically do not get reported to the police), 56.4% of female AI/AN, Asians,
Native Hawaiians, and other Pacific Islanders in the study reported their victimizations of
violent crimes to the police. However, and in alliance with the NACJP findings, of all the
violent crimes reported by participants in the survey, rape and other forms of sexual
assault were by far the least reported to the police (2010).
The findings of all the above studies indicated that even as recently as 2010,
AI/AN women experienced sexual assaults at disproportionally high rates, AI/AN
communities have had difficulty working with law enforcement and government entities
to address these rates of violence, and that further research and analysis needs to be done
to determine the actual rates of sexual violence toward AI/AN women. Many of these
surveys used large samples and reliable research techniques, such as focus groups and
interviews, to pinpoint and discuss the problem. However, [i]n addition to
underestimating the scale of sexual violence against Indigenous women, the limited data
available does not give a comprehensive picture... .[AI/AN] activists point to the
importance of understanding the continuum of violence committed against Indigenous
women in order to develop a strategic response to it (Amnesty International, 2007, p.
16).
History of Racism and Violence toward AI/AN Women
Sexual assault rates and violence against Native American women did not just drop
from the sky. They are a process of history. -Jacqueline Agtuca, Alaska Native
Womens Conference, Anchorage, Alaska, 24 May 2005 (Amnesty International, 2007,
p. 27)
15


Speaking on the rising rates of attempted suicide among AI/AN women as a result
of violence, Nichole Witt, grant manager of the White Buffalo Calf Shelter in South
Dakota, a shelter that houses up to 45 women and children of abuse, said there was a time
when such a shelter was unnecessary. Before the European colonization of the Americas,
said Witt, [cjonsequences were quick and swift. People knew when they violated a
woman, their life was at risk (Walker, 2007, ]f 11).
In fact, prior to colonization, many AEAN societies were matrilineal, where the
line of descent or clan membership passed through the mother (Hamby, 2000). The
women selected men for leadership positions, and adopted captives from warfare
(Mankiller et. al, 1998). Women were also empowered within their relationships with
men. For example, within the Iroquois tribe of New York, women could divorce and
decide how many children they had (Popick, 2006).
Many AEAN societies were organized through kinship systems, where gender
roles complimented each other. The roles of men and women were separate, yet balanced.
Women nurtured life by farming, gathering, and producing the families necessities,
while men took life through warfare and hunting. Resources and land were communal,
and redistribution and generosity was valued among and between kin groups. Status
actually came from giving and being good kin rather than keeping resources for oneself
(Stremlau, 2005).
When Europeans arrived in North and South America, however, AEAN societies
experienced new and predominantly male influences (Mankiller et al., 1998). Devon
Mihesuah argued that historical texts do not completely and accurately portray AEAN
womens standings within their tribes, and how those standings shifted with colonialism:
16


In many cases Indian women did indeed have religious, political, and economic
powernot more power than the men, but at least equal to what the men had.
Womens and mens roles may have been different, but neither was less important
than the other. If we look at tribal societies at contact and trace the changes to
their social, economic, and political systems over time through interaction with
Euro-Americans and inter-tribal relations, we find that women did have power
taken from them, and Indian males did as well. (1998, p. 6)
In order to colonize a non-hierarchical society, colonizers had to first naturalize hierarchy
in that society through patriarchy before naturalizing the domination of the colonized
bodies (Staler, 2002). The undermining of womens roles was a deliberate aim of
colonization (Mankiller et. al, 1998). In fact, AEAN societies were disrupted through the
programmatic destabilizing of gender roles. Many AEAN men assumed power over
AEAN women, transforming gender relations from one of shared power to one of
domination. Leadership began to revolve around treaty negotiations, of which women
were excluded by Europeans (Weaver, 2009). Through the thorough integration of
patriarchy into many AEAN societies, AEAN men were placed below white male Indian
agents and male priests but above Indian women (Million, 2008, p. 5).
To solve the Indian problem of AEAN peoples inability or refusal to assimilate
into the new American society, legislators and leaders of the assimilation movements
aimed to undermine kinship systems. Kinship systems went against the core values of a
forming Anglo-American culture, which promoted individualism, social order, and
economic self-interest. To these leaders, private property was sure to lead to personal
growth, attachment to American society, and the greatest gift of allcivilization as
defined by white standards (Stremlau, 2005).
With these motives in mind, the Dawes Act, or the General Allotment Act, was
passed on February 8, 1887. The Act was essentially a land redistribution act from AEAN
17


peoples to white corporations and land owners. Under its terms, the [federal
government] determined the suitability of the recipients and issued the grants, usually by
a formula of 160 acres to each head of household and 80 acres to each unmarried adult
{Encyclopedia Britannica, 2013). Unfortunately, this system of allotment became
disastrous for many AI/AN groups. The documents were not drafted in Ah'AN languages,
and AI/AN peoples were confused about the Euro-American ways of dealing with
property and money. It therefore became easier to cheat individual AEAN property
owners than it would be to cheat entire tribes governed by councilors (Allen & Smith,
1996). Policies in support of westward expansion and Manifest Destiny were interpreted
into federal polices to disenfranchise AEAN peoples (Weaver, 2009).
Europeans did not stop with the conquering of AEAN lands. In order to maintain
control over AEAN lands, Europeans had to maintain control of AEAN peoples. In her
historical analysis on the relationship between colonialism and sex, Ann Laura Stoler
argued that the management of sexual arrangements was crucial to the establishment of
colonial categories (race and class) and the distinctions between the ruled and the ruler.
Racism and classism were central principles of European colonies, crucial to the class-
based system that differentiated natives from Europeans and kept subversive white
colonials in line. In other words, racism and class distinction were crucial to the success
of colonialism. Colonialism was not merely an economic venture. It was also a cultural
venture. European supremacy in regards to manhood and racial virility was both an
expression and a defining feature of imperial domination (2002).
One method of inscribing European supremacy, over both men and women, was
sexual assault. When the Spaniards settled on the North America continent in 1519, they
18


wrote to Charles V and the Catholic monarchs about the evil and rebellious natives
and asked for permission to punish them for sins such as sodomy (an accusation
guaranteed to politically charge colonizers) (Trexler, 1995, p. 1). To the colonial
imagination, AI/AN peoples had bodies polluted with sin and marked by sexual
perversity. Because AI/AN bodies were considered dirty, they were easily violable, or
rapable, by the colonists and such violations did not count (Smith, 2005, p. 10). By
establishing that AI/AN bodies were violable, colonists could extend this ideology to
suggest AI/AN lands were violable (Smith, 2005, p. 12). The evil of the AI/AN bodies,
after all, had to be conquered if the land were to be conquered.
Accounts of the natives sexual practices, as reported by the Spaniards, soon
began appearing in print. However, these accounts were skewed for the interests of the
Spaniards with sweeping generalizations (Trexler, 1995, p. 3). These generalizations,
however, were effective in portraying the natives in a homosexual role, or one that is
passive and submissive (Trexler, 1995, p. 3-4). What Europeans viewed as a crime
against nature therefore transferred symbolically as a justification for the act of
conquering, where natives became the effeminate losers in battle. The conquered, or
subordinated men were equated with women, who were historically subordinated in
European society. Through the conquering and punishing act of sex, women became
sources of property; and men, who were deemed threats to power and property, were
effeminized (Trexler, 1995, p. 7). The true men were the actives, the ones who were
sexually active over and against a lesser (Trexler, 1995, p. 10). Rape and sexual assault
were an official policy of war, an instrument of forced exile that were even under
orders (MacKinnon, 1993, p. 89).
19


Not only was rape and sexual assault used as a tool of domination in conflicts and
war, but they were also considered one of the spoils {The Economist, 2011). As the
below table from The Economist demonstrates, rape and sexual assault accompany war
and genocide. Only in recent years has there been a public discourse and recognition that
in world conflicts, rape has and continues to be a weapon of war used to control, punish,
and humiliate communities under attack (Amnesty International, 2007).
Customary evil
r :i, ::
Conflict
f j&ftrf Sliifw
wsiF MmMmm
Germany, Wlu
i'.: '. . . 2 00 ..000
\ 20.000
Over 50.0CO
500,000
Figure 1: The Economist table of rapes reported
during conflicts
Historical Trauma
[The legacy of] massive injustices inevitably breeds consequences. When any minority
group experiences injustice at the hands of dominant society, anger, frustration, and
agony are bred. More than a century of.. .injustice on a massive scale has induced a
chronic sense of oppression among Indians. -Menno Boldt (Perry, 2009a, p. 10)
The long history of sexual assault has left lasting traumatic effects on AI/AN
communities. Peter Levine suggested trauma is created by an event outside the range of
is tin
20000 fsrniae 20
100,000 21!)
20


usual human experience. In the list of traumatic events, Levine includes the sudden
destruction of ones home or community, as well as sexual assault (1997, p. 24).
Throughout history, ALAN women have experienced both the destruction of their
communities and sexual assault, leaving them incredibly vulnerable to trauma.
In fact, theorists argue that because ALAN women have suffered traumatic
experiences throughout history, they are susceptible to experiencing historical trauma.
According to Sadie Willmon-Haque and Subia Dolores BigFoot, [historical trauma
involves exposure of an earlier generation to a traumatic event that continues to affect
subsequent generations (2008, p. 6). This trauma, Yellow Horse Brave Heart said, is a
cumulative emotional and psychological wounding, over the lifespan and across
generations, emanating from massive group trauma experiences (Cited in Denham,
2008, p. 7). Historical trauma is a recently emerging field of study that has become
increasingly important in considerations of wellness among historically oppressed
communities (Evans-Campbell, 2008, p. 6). Research on historical trauma has been
conducted with a variety of populations, including Jewish Holocaust survivors and their
descendents, Japanese Americans after placement in internment camps, (Evans-
Campbell, 2008) descendents of slavery, and communities ravaged by war (Denham,
2008). The effects of historical trauma on the ALAN family (clans, bands, societies)
include colonization by a dominant force that was patriarchal and patrilineal (Willmon-
Haque & BigFoot, 2008, p. 6). When survivors are not allowed to mourn trauma to
completion, subsequent generations can absorb the resulting depression (Cox, 2008).
From the 1490s to current times, the European genocidal campaigns and socioeconomic
and political policies against the ALAN populations have left continuous, indelible marks
21


on the AI/AN community that has prevented the community from mourning and wholly
healing from the trauma.
Genocidal campaigns are not the only devastation Europeans inflicted upon
AEAN communities. Prior to Europeans invading the Americas, in Europe 99 percent of
the population lived in dire poverty where malnutrition and disease ran rampant. They
suffered from extreme oppression of all kinds.. .living a life of scarcity and abuse
(Olsen, 2010, U 6). As the Europeans came over to the Americas, the AEAN populations
were introduced to these dire conditions. Disease wiped out nearly 90 percent of the
AEAN population, and a 500-year period of colonization imposed sexism, racism,
oppression, poverty, and violence upon the communities (Olsen, 2010). Many of the
remaining tribes were forced to relocate to land thought to be uninhabitable, and
educational policies of assimilation and acculturation, aimed to Kill the Indian, save the
man were enacted. While these policies professed altruistic motives, they had in
common the eradication of Native cultures and their replacement with the economy,
religion, and values of the North American settlers (Walls & Whitbeck, 2012, p. 3). On
many reservations, schools were nonexistent, so parents were forced to send their
children to boarding schools sometimes for a decade or more (Yurth, 2006,1} 30). The
boarding schools were run either by Christian missionaries or the Bureau of Indian
Affairs and often enforced the indoctrination of Western values, offering less education
to girls than boys and making girls clean the schools (Hamby, 2000, p. 10). Names were
changed, and the use of native languages and the practice of spiritual teachings and
ceremonies were forbidden (Walls & Whitbeck, 2012).
22


These events have amounted to a cultural and ethnic genocide among AI/AN
communities (Evans-Campbell, 2008). While AI/AN communities have shown
tremendous resilience in the face of history, that history, compounded with current
traumatic events, have taken a toll on the health of the community, mentally, physically,
and socially. During the 500-year period of colonial occupation, AI/AN communities
have had no time to heal from the trauma (Olsen, 2010). As a result, the pain and turmoil
over the events has become internalized. AI/AN peoples, particularly elders, have
reported a range of emotional responses, including sadness, depression, anger, anxiety,
discomfort around White people, fear of White people, shame, loss of concentration,
feelings of isolation, rage, feeling that more traumas will happen, and avoidance of places
or people that are reminders of the losses (Evans-Campbell, 2008, p. 10). This trauma is
then carried through the generations. Children either experience the trauma directly
through the stories they hear from their elders, or they experience it indirectly through
their social and economic standings within internal and external society (Evans-
Campbell, 2008).
The cycle of trauma and abuse have left AEAN women with distrust and hostility
as a result of, and further exacerbating, the marginalization and disempowerment they
experience within broader society. The effect of marginality, or the social isolation
within the broader culture, on violence directed against AEAN women, cannot be
emphasized enough (Koci & Strickland, 2009, p. 2). Marginalization not only minimizes
a persons sense of power in decision-making, but the isolation also limits the person
physically and psychologically. The isolation and marginalization creates a sense of
powerlessness, affecting ones sense of identity, relationships, and environments (Koci &
23


Strickland, 2009). Women in general are at risk for marginality, people of low
socioeconomic statuses are at risk, and people of racial/ethnic minority status are at risk
of marginalization and accompanying feelings of powerlessness. Having all of these
traits, AI/AN women are especially at risk of marginalization, and therefore more
vulnerable to violence and trauma (Koci & Strickland, 2009). AI/AN women are then
prone to experience effects that most women suffer following sexual assault
victimization, such as post-traumatic stress disorder (PTSD), depression, abuse of drugs
and alcohol, and contemplation of suicide (www.rainn.org. 2013).
Paula Gunn Allen, for example, described her experiences with historical trauma.
Reflecting on a world where AI/AN people and their cultures slowly disappear through
historical violence and forceful disempowerment, and are replaced with artifacts and
records of AI/AN heritages, Gunn Allen struggled with the message she thought society
had painted[t]he only good Indian is a dead Indian:
I didnt know the name of the disease I was suffering from. I was seeing a shrink.
I didnt know that I was only grieving and lost. I thought I was mentally ill. (Gunn
Allen, p. 37)
The stress of survival for an entire cultural group, combined with the crises that have
severely damaged the ability of that group to survive, can take a significant toll on the
culture of the group, as it has with AI/AN communities (Cox, 2008).
The experiences of AI/AN women (and men), compounded with a history of
disempowerment and marginalization, has created a deep intergenerational grief and
trauma that only time and various measures of reparation from federal, state, and local
authorities can address (Perry, 2009a, p. 10). Until factors such as racism and poverty that
marginalize AI/AN peoples are eradicated, trauma from historical injustice will continue
24


to exist and even grow from generation to generation. Teen suicide rates will remain high
among young AI/AN people (the rates are 5 times higher than the national average for
AT AN teen men, and 3 times the national average for AI/AN teen women), and they will
continue to be raised within a dire social context where they believe they have more
reasons to die than they do to live (Popick, 2006).
Current Crime Rates and Issues Affecting the Rates
Dysfunctional systems are often maintained through systematic denial, a failure or
inability to see the reality of a situation. This denial need not be conscious, intentional, or
malicious; it only needs to be pervasive to be effective. -Karen Warren (1993)
The dysfunctional systems left by colonialism and resulting in a long history of
violence and trauma have created conditions where AI/AN women continue to
experience high rates of violence. While much of the violence against AI/AN women
rests in history, the remnants of this history and its violence still affect the rates of sexual
assault. The current rates and lack of recourse for sexual assaults against AI/AN women
was highlighted during a 2007 congressional hearing.
In October 2007, the U.S. Senate Indian Affairs committee held a hearing to
discuss the rates of sexual assault toward AI/AN women on reservations. During the
hearing, Alexandra Arriaga, director of government relations for Amnesty International
USA, told the congressional committee that not only will one in three AI/AN women be
raped in their lifetimes, but 86 percent of the perpetrators would be non-Indian men
(Cited in Associated Press, 2007). Even though these crimes often happened in Indian
Country, tribal courts did not have jurisdiction to prosecute non-Indians, so if federal and
state courts decided not to prosecute, the victims of these crimes had no recourse. Senator
Byron Dorgan also mentioned that in his state of North Dakota, there were four police
25


officers patrolling 2.3 million acres of a Sioux reservation (Associated Press, 2007). This
hearing addressed some of the many and multifaceted problems related to sexual assault
toward AI/AN women and why the rates reported through testimonies and various
research findings are so high. Jurisdictional confusions, particularly if the victims and
perpetrators are of different races; the lack of resources for patrolling areas and
responding to reports; the lack of prosecution for crimes that do get reported; and other
economic, social, and geographic issues have all compounded to make of the problem of
sexual assault toward AI/AN women as severe as it is.
Geographic Issues
Because tribes were forced off of desirable lands, many reservations have become
located in remote areas where public transportation is usually not available. These remote
areas also have fewer available programs because attracting funds and qualified staff to
remote areas to run the programs has proven difficult (Hamby, 2004). In Alaska, for
example, there is little and even no law enforcement in several villages because of the
villages distance from road systems, leaving the villages accessible by only boat, air, or
snowmobile (Lee, 2007). Also, confusion about whether state, federal, or tribal police
should respond to a report based on the place of the incident and the races of the
perpetrator and victim means the victims may not see a police officer or nurse for hours
or days, should a response happen at all (Talhelm, 2007). Just as it is difficult for law
enforcement to reach these areas, should they attempt to respond, it is also difficult for
victims to leave these areas to seek refuge in safe houses and treatment centers (Lee,
2007).
26


Victims may also be hesitant to seek services in small, rural areas because of
familiarity with service providers. In small communities, victims may know the care
providers or law enforcement, potentially leading to a lack of anonymity and
confidentially. Care providers and law enforcement may also know or be related to the
perpetrators, potentially leading to inaction or a conflict of interest in addressing reports.
The victim may also reencounter the perpetrator frequently if the perpetrator lives within
the community. All these scenarios are frequent and real occurrences that have affected
the propensity of AI/AN women to report their sexual assault victimizations in small
areas (Rape Victim Advocacy Program, 2013).
Rural areas certainly experience unique problems for reporting and addressing
sexual assault, these problems rendering rural areas prime targets for assault. However,
urban areas are no safer. After all, the sexual assault rates for AI/AN women overall is
high, and 60% of AI/AN women lived in urban settings as of 2002 (Walters & Simoni,
2002). Isolation is therefore not the only geographic barrier AI/AN women face. In fact,
[i]n Anchorage, Alaska's largest city, Alaska Natives were 9.7 times more likely to be
raped or sexually molested than the rest of the population (Lee, 2007, ]} 5). Denise
Morris, head of the Alaska Native Womens Sexual Assault Committee, said that many
ALAN women in urban areas are homeless or live in high-crime areas and are reluctant
to seek help from the police (Lee, 2007). Even if ALAN women do find the courage to
seek out police, and [e]ven if a rape victim is taken to an Indian Health Service clinic,
almost half of those clinics lack training and resources to provide emergency services to
victims of sexual violence (Talhelm, 2007, ]} 3).
27


Jurisdictional/Legislative Issues
This reluctance to seek help from police may be the result of not only strained
relations between AI/AN communities and law enforcement, but also jurisdictional
confusion. Several laws enacted over the course of 150 years have created a checkerboard
pattern on reservations that has resulted in a confusion of jurisdictions, frustration among
law enforcement, and a resulting lack of justice. The General Allotment Act was
probably one of the most significant in creating this confusion. While the Act was
supposed to allocate parcels of land to Indians on an individual basis, much of that land
was sold to non-Indian people and corporations, yet that land still remained within
reservation boundaries. This Act, compounded with other laws over the years, has created
a web of jurisdictions that continues to be nearly impossible to navigate. In addition to
this web, as well as the over- and under-policing of AI/AN communities, have
exacerbated a distrust of law enforcement and created safe havens for violent crime
because of federal neglect, inconsistency and broken promises (Eid, 2007, ]j 23).
Jurisdictional confusion.
Reauthorized in 2005 with the goal of enhancing the safety of women, the Violence
Against Women Act (VAWA) included a specific title, Title IX Safety for Indian
Women, to acknowledge the responsibility of federal, state, tribal, and local governments
to assist AEAN tribes in protecting AEAN women. Title IX, Section 902 stated that the
government should work to decrease violent crimes against AEAN women, strengthen
the sovereignty of AEAN tribes so that they are able to respond to violent crimes against
AEAN women, and ensure the perpetrators of violent crimes against AEAN women are
held accountable for their crimes. The reauthorized act also called for a mandated
28


analysis of the federal, state, tribal, and local systems responsible for protecting AI/AN
women, this analysis under the guidance of AI/AN tribes, AI/AN advocates, policy
experts, and a task force to guide the research projects implementation. The aim of this
analysis was to offset the well documented underreporting of crimes against AI/AN
women (Baseline Study Task Force on Violence Against American Indian and Alaska
Native Women, 2010).
Title IX was the result of tribal and non-tribal efforts to address the complexities of
federal Indian law and its impact on AI/AN women. The prior VAWA had assumed that
the justice system model was comprehensive with a coordinated community response, a
model that did not account for the jurisdictional confusion and lack of resources often
associated with crimes against AI/AN women. While violence against women was
decreasing nationally following the initial VAWA, rates of victimization among AI/AN
communities had remained the same or even increased. Institutionalized legal barriers, as
well as the lack of criminal jurisdiction over non-Indians, continue to leave AI/AN
women at risk of sexual assault victimization, without the criminal recourse that all other
women within the United States had (Baseline Study Task Force on Violence Against
American Indian and Alaska Native Women, 2010). Unfortunately, non-Indian
perpetrators are often aware of issues regarding jurisdictions in Indian Country and the
vulnerability of AI/AN women (United States Civil Rights Commission, 2003).
Indian Country, as defined by federal law § 1151, is all land within the limits of any
Indian reservation under the jurisdiction of the United States Government, all
dependent Indian communities within the borders of the United States whether within the
originally or subsequently acquired territory thereof, and all Indian allotments, the
29


Indian titles to which have not been extinguished (Cornell University Law School, 2011,
If 2-4). As sovereign nations, Indian tribes have jurisdictional power over incidents
occurring within Indian Country. However, this jurisdiction has been limited over the
years. Under the General Crimes and Major Crimes Acts, Congress granted jurisdictional
power to federal courts over interracial crimes within Indian Country; as well as the 16
major crimes committed by Indians within Indian territory, the crimes defined within the
federal enclave laws. These crimes include arson, theft, sexual assault, maiming,
manslaughter, and murder (Offices of the United States Attorneys, 678 and 679, 2012).
As a result of the 1978 case, Oliphant v. Suquamish Indian Tribe, tribal courts do not
have criminal jurisdiction over non-AI/AN peoples, not unless Congress delegates this
power to the tribal courts (FindLaw.com, Oliphant v. Suquamish Indian Tribe). While the
1978 case, United States v. Wheeler, ruled that trying a defendant within tribal and
federal court is not a violation of the defendants right against double jeopardy
(FindLaw.com, United States v. Wheeler), the Indian Civil Rights Act of 1968 stated that
tribal courts could not impose for conviction of any one offense any penalty or
punishment greater than imprisonments for a term of one year or a fine of $5,000 or
both, although these penalties were later increased to up to three years in prison or a
$15,000 fine or both (Cornell University Law School, 2012, ]f 7A-B). This maximum
sentence of three years, for any crime, is short compared to the average prison sentence
handed down for rape from state and federal courts, which ranges between 8 years and 8
months to 12 years and 10 months (Amnesty International, 2007).
States do not typically have jurisdiction over crimes in Indian Country, except for
three conditions: the punishing of wholly non-Indian crimes in Indian Country, as the
30


Supreme Court ruled in United States v. McBratney and Draper v. United States
(FindLaw.com, United States v. McBratney; Findlaw.com, Draper v. United States,
2012); the concurrent criminal jurisdiction on states and reservations impacted by P.L.
280; and federal mandates given to states to exercise jurisdiction outside of P.L. 280,
such as land claims settlement acts or restoration acts. In short, tribal courts address
minor crimes by tribal members on reservations, federal agencies prosecute major crimes
by ALAN peoples on reservations, and state agencies handle cases with non-ALAN
peoples.
Before P.L. 280 was enacted, tribal courts and the federal government shared
jurisdiction over nearly all civil and criminal matters involving ALAN peoples on
reservations. After the enactment of P.L. 280 in 1953, affected states received criminal
jurisdiction involving Indian victims and perpetrators, including law enforcement and
civil judicial authority.4 For the mandatory six states, P.L. 280 went into effect without
consent from the affected tribes. Some federal laws following P.L. 280, such as the
Indian Gaming Regulatory Act of 1988 and the Indian Child Welfare Act (an act that
gives tribes sole jurisdiction over child custody cases), reduced the amount of states
jurisdiction to increase tribal sovereignty and federal power (Goldberg, 2011). While
Indian tribes were able to retain some civil and criminal jurisdiction over activities in
Indian Country, P.L. 280 continues to remain controversial, as the law came around the
time the country was enacting termination policies to assimilate tribes into the broader
society and do away with reservations and tribes themselves (Gamboa, 2012 16). The
4 The mandatory states were Alaska; California, Minnesota excluding Red Lake, Nebraska, Oregon
excluding Warm Springs, and Wisconsin. The optional states were Arizona, Florida, Idaho, Iowa,
Montana, Nevada, North Dakota, South Dakota, Utah, and Washington.
31


law also remains controversial to the states, as they resent having to provide law
enforcement without funding (Perry, 2009a).
A complete summary of the jurisdictions as a result of statutes and court decisions are
in the Appendix tables. The tables, with their many exceptions for particular cases,
indicate why law enforcement agencies may be confused and even hesitant to respond to
crimes on reservations. Law enforcement officials would need to be well versed in the
laws and know the circumstances of the offender, victim, and area of the crime (the
borders of reservations often confused) before knowing how to proceed with the
investigation. For example, if a deputy sheriff responds to a call about violence, and the
house is within Navajo territory, the sheriff has to wait until tribal police respond. The
same situation occurs when tribal police respond and the crime happened outside of tribal
jurisdiction (Navajo Times, 2007). This confusion often leads to AI/AN victims of sexual
assault telling their stories multiple times to authorities in multiple systems that may or
may not be working in collaboration (Talhelm, 2007, ]j 14).
Also, [a]ll too often, tribal police responding to domestic violence cases must
confront non-Indian perpetrators who argue that only the federal government, and not the
tribes, can assert criminal jurisdiction over them (Eid, 2007, ]j 18). In a congressional
briefing in May 2012, an ALAN woman and a victim of violence, Diane Millich,
described how vulnerable ALAN women are within the justice system, particularly if
offenders are non-AEAN men or the crimes happen on reservations. While Millichs ex-
husband abused her more than 100 times, he was never arrested, at least not until he
showed up to her work with a 9 mm pistol and wounded the co-worker who pushed her
32


out of the way (Gamboa, 2012, ]} 1). Why? Millich is an AI/AN woman, her ex-husband
is not, and the crimes of abuse took place on a Southern Ute reservation.
A Census reported that 77 percent of people living in Indian Country are non-Indian,
and the Justice Department reported that about half of AI/AN women are married to non-
AI/AN men. However, because the 1978 case, Oliphantv. Suquamish Indian Tribe,
determined that tribal authorities cannot prosecute non-AI/AN men even if crimes are
committed on tribal lands, and because jurisdictional confusion has muddled cases on and
off reservations when the perpetrator and victims are of different race, authorities often
refuse to act. AI/AN women are therefore left without the same protections as non-AI/AN
women. Even if tribes have good relationships with local officials, the isolation and vast
covering areas of reservations, in addition to the lack of resources, means that
misdemeanor crimes take a backseat, allowing these crimes to steadily grow into a
situation where AEAN women are severely wounded or even killed (Gamboa, 2012). To
Andrea Smith, these policies by the U.S. have codified the rapability of Native
women (2005, p. 33).
Strained relationships between the justice system and AI/AN communities.
In addition to jurisdictional confusion, one of the major problems that prevents
AEAN women from seeking or receiving the help they need for sexual assault is the fear
they have in law enforcement and the community/criminal justice system, whether this
fear is based on the knowledge of others experiences or firsthand experiences. While
U.S. minority groups face common problems within the criminal justice system, the
complex relationships between state, tribal, and federal laws and officials creates unique
issues for AEAN women (Hamby, 2004). First, there is a lack of crime data for Indian
33


Country due to the geographic, economic, and cultural issues unique to reservations.
Even when it is possible to obtain accurate data, the prevalence and types of crimes vary
between reservations (Wakeling et. al., 2001).
Second, while the overall workload for law enforcement in Indian Country is
increasing significantly, there is a dramatic gap between the current number of police
officers and the number of officers needed. In 2006, a Bureau of Indian Affairs internal
consultant determined that more than 2,200 additional police officers would be needed on
AEAN reservations. Unfortunately, there were only 450 employees within the Bureaus
Office of Justice Services, including police, correctional officers, prosecutors, and staff
(Eid, 2007, ]} 16). Further, these employees reported poor employee morale and thus high
turnover that lead to inexperienced officers, inadequate budgets, and unnecessary
political interference that not only prevented the police from performing their duties in a
fair manner, but also reduced the polices credibility in the communities eyes (Wakeling
et. al., 2001). The departments also were prevented from communicating with the service
population, leading to a lack of knowledge about the communities needs. These factors
render it hard for police to generate community support for their activities (Wakeling et.
al., 2001).
Third, the lack of community support is due not only to lack of communication
from law enforcement offices. Federal policy has also historically created systems that
serve the U.S. government and non-AEAN citizens more than the AEAN communities
they are supposed to serve. While 25 percent of all violent crimes prosecuted by U.S.
attorneys occur on reservations, the courts ruled that AEAN communities cannot legally
enforce Congress trust obligation to protect them. In other words, there is no trust
34


account, no minimum funding requirement, to ensure that public-safety and criminal-
justice needs on Indian reservations are met. The tribes simply get whatever Congress
chooses to appropriate in any given year for law enforcement and other essential
governmental services (Eid, 2007, ]j 7). This funding issue has proven precarious from
the investigation to the prosecution of AEAN sexual assaults. Indian Health Service
hospitals have reported shortages of sexual assault kits, trained nurses to perform rape
examinations, and even cameras to document injuries. In fact, of the 45 hospitals
financed by the Indian Health service, only 27 performed rape examinations, and only 73
sexual assault examiners were trained. The facilities also did not adequately track the
number of victims treated, and they even lacked policies for treating rape victims
(Williams, 2012).
This inadequate funding affects the protection provided by state law enforcement
as well. While tribes affected by P.L. 280 must work with state law enforcement, since
the federal government does not compensate state governments for law enforcement on
reservations, and tribes generally do not pay local or federal taxes, states have little
vested interest in providing protection for Indian tribes (Smith, 2005, p. 33). AEAN
communities have found that not only are Congressional funding requests rejected by the
government. Federal prosecutors have also notoriously declined cases that occurred on
AEAN reservations.
The Major Crimes Act mandated that certain major crimes in Indian Country be
processed and tried through the federal justice system (Smith, 2005). One of the major
crimes was rape. However, Department of Justice representatives reported that U.S.
attorneys declined to prosecute about 75% of any crime cases that took place in Indian
35


Country, and they were even more reluctant to process rape cases. In 1997, the
Department of Justice reported that only two U.S. attorneys prosecuted rape cases in
Indian Country (Smith, 2005). Further, in a 2008 hearing before the Senate Committee on
Indian Affairs, the Justice Department actually declined to release statistics to Congress
on how many crimes on reservations the federal government declined to prosecute.
Senator Byron Dorgan, chairman of the Committee, criticized the Justice Department
for withholding the information, because previous congressional testimony has shown
that American Indian crimes are a low priority in some U.S. attorney's offices (Cardona,
2008, ]} 13). Police Chief Jim Bennally argued that this jurisdiction causes a slow
investigation timeline, when it may take two to four years for an arrest to happen on a
case. Because of a lack of prosecutors (or because of a number of case declinations) and
because of lengthy investigation timelines, of the 328 rapes reported on reservations in
2007, only 17 led to an arrest (Amnesty International, 2007).
Not only are the crimes low priority and lengthy processes within federal offices
common, but AI/AN communities also have trouble even accessing federal courts. In the
congressional hearing, Janelle Doughty, director of the Department of Justice and
Regulatory for the Ute tribe in Colorado, stated the nearest federal judge is 350 miles
from the Southern Ute reservation and even farther from the Ute Mountain Ute tribe
(Cardona, 2008, ]j 14). To Doughty, [cjase declinations, inadequate resources for
criminal investigations, the lack of federal judicial access.. .these are all symptoms of a
justice system that was designed more than a century ago by the federal government to
keep Indian people down instead of permitting [them] to take responsibility for [their]
own destiny" (Cardona, 2008, ]} 15). As a result, tribal members believe police are
36


insensitive and unresponsive and they opt not to contact the police for help (Wakeling et.
al., 2001). In fact, AI/AN victims report less than 25 percent of their victimizations from
violent crimes to law enforcement (Eid, 2007).
The lack of AEAN communities respect for law enforcement, jurisdictional
confusion, the lack of federal funds for justice programs, and refused help of local and
federal authorities are problematic in themselves for AEAN women. However, the over-
policing for the sake of monitoring potential AEAN perpetrators of crime has, according
to Barbara Perry, served to reinforce the colonial effort to regulate and marginalize
indigenous people (2009a, p. 2). Through her interviews with many AEAN peoples,
Perry argued the general sentiment among the AEAN population was that while
authorities are hesitant to help AEAN victims of crime, the police appear to need little
provocation to intervene against AEAN peoples (2009a, p. 6). [Because the front lines
of controlling the threat of AEAN people throughout history has been the military and
law enforcement (this controlling including genocide, assimilation practices, the
removal of the AEAN populations to reservations, and the incarceration of AEAN
perpetrators), AEAN communities are often hesitant to reach out to authorities.] In fact,
many of them are leery of the presence of authorities altogether, as they suspect that
presence means trouble. This distrust includes tribal law enforcement, as some women
have reported that tribal law enforcement discouraged them from reporting their
victimizations (Williams, 2012). Perrys interviews
yielded five distinct consequences deriving from what was perceived as
discriminatory policing: exacerbation of the problem of over-representation in
crime statistics; reinforcing the hostility and distrust of law enforcement;
reinforcing the marginali[z]ation and disempowerment of Native Americans;
segregation of Native Americans within reservation communities; and enabling
the violent victimi[z]ation of Native Americans. (2009a, p. 4).
37


While AI/AN peoples are twice as likely as the general population to be
victimized by crime, particularly interracial crimes, they are also arrested for alcohol-
related offences at nearly twice the rate of the general population, testifying to the results
of colonialism that have left AI/AN communities impoverished and deculturated
(2009a, p. 5). In fact, AI/AN peoples
make up approximately 1% of the population; yet they consistently account for
about 15% of offenders entering federal prisons. Between 1977 and 2002, they
represented 13.3% of executed prisoners, and in 2002, 45% of those on death row.
In all, over 4% of the Native American population is under correctional
supervision on any given day contrasted with 2% of the white population.
(2009a, p. 15)
This over-policing, a distrust of law enforcement, and the racial tone of the violence is
further reinforced by incidents of purposefully failed protection. In some reported
instances, when AI/AN women called the police about their sexual assault and violence
victimizations, the officers berated the victims for bothering the police, in essence
questioning the credibility of the women, dismissing their claims, and essentially
permitting anti-AI/AN violence to happen undeterred as the norm (2009a, p. 16).
Even when AEAN women do report their victimization and officers respond,
evidence is often mishandled, leaving many crimes unprosecuted (Lee, 2007). When Jami
Rozell, Cherokee, was raped by an acquaintance, she did not immediately press charges
because the responding officer told her she would have seven years to report it. When she
decided to proceed with the case only a few months later, she discovered the police had
already destroyed the photos and the nurse's report from her forensic physical exam in
what they called a routine department clean-up (Lee, 2007, ]} 12). Her attorney also
38


advised her from proceeding because the state court system would just rape her again
(Associated Press, 2007, ]j 10).
The mixture of under-policing for lack of resources (or antipathy) and over-
policing to survey potential AT AN perpetrators has combined to reinforce distrust and
hostility toward police and even the western criminal justice system. This distrust has
inhibited many AI/AN peoples from contacting law enforcement for help. An AI/AN
woman who survived sexual violence said that [mjost women who are beaten or raped
dont report it to the police. They just shower and go to the clinic [for treatment]
(Amnesty International, 2007, p. 14).
While AI/AN women have become leery of reporting their victimizations, the
factors that led to injustice have also led to potential future victimizations. The low rates
of arrests and prosecutions have left high numbers of sex offenders within Indian
Country. For example, the Rosebud Sioux Reservation in South Dakota has a population
of 25,000 people, which includes 99 Class 3 sex offenders. The Tohono Oodham
reservation in Arizona has a population of 15,000 that includes 184 Class 3 sex offenders.
In comparison, Boston has a population of 618,000 that includes 252 Class 3 offenders,
and Minneapolis has a population of 383,000 that includes 101 Class 3 offenders
(Williams, 2012).
When AI/AN women stop going to the police for help because of the lack of
recourse, their right to protection is forfeited through circumstances, exposing them to
further victimization, disempowering them and marginalizing their voices and their value
within American society. The issues they have encountered with law enforcement has
sent a message to AI/AN communities about their value, made them fearful of leaving
39


their communities and therefore limited their movement within society, and has
ultimately created a territorial defen[se] of cultural space (Perry, 2009a, p. 14). To
many AI/AN communities, the legacy of injustice leaves little hope that a system
representative of that injustice could abandon current practices and go against history to
address the crimes and injustice that perpetually leaves those communities so vulnerable
to crime and injustice.
Economic Issues
Geographic and jurisdictional issues are factors that have played significant roles
in the rates of sexual assault against AEAN women on reservations. However, according
to the 2010 Census, 78% of people who identified themselves as AEAN (alone or in
combination with other races) lived outside of AEAN areas, whereas only 20 percent
lived within AEAN areas, AEAN areas being a federal or state reservation, or a
federal/state-designated statistical area (Norris et. al, 2012). Other economic and social
factors must therefore play a role in the rates.
Economic issues, along with the geographic and jurisdictional issues that have
affected the rates of sexual assault, can be traced to colonization. Prior to colonization,
many AEAN societies were hunting and gathering societies. Their wealth came from
the land and depended on the community working together. Within the last hundred
years, however, a transition from farming and hunting to a cash-based economy threw
many tribes into a cycle of poverty from which most have not emerged (Hamby, 2000,
p. 15). Forced removal from their lands, prohibitions on their religious practices,
frequent removal of Indian children into foster homes and boarding schools, and a
drastic reduction in the native population from the time of Western contact until the
40


creation of the reservations all caused a shift in the socioeconomic organization of
AI/AN tribes and groups. This shift determined access to economic and social resources
and left many communities vulnerable to internal and external acts of violence (Hamby,
2000, p. 15).
Exacerbating the economic circumstances for AEAN women are the high rates of
unemployment and poverty within AEAN communities. In 2006, a family of four was
considered to live in poverty if their annual income was below $20,614. Based on this
standard, 25.3% of AEAN peoples were in poverty by 2005 Census Bureau data,
compared to 13.3% for all demographics (Greco & Dawgert, 2007). There may be a
direct link between this poverty and sexual violence, as a lack of economic power and
access to resources has left many AEAN women dependent and has forced them to stay
in dire situations.
This lack of access to resources includes homes without internet or even
telephones to call for assistance (Hamby, 2004). In fact, less than 10 percent of homes on
tribal lands have access to broadband internet service (Federal Communications
Commission, 2013), and less than 70 percent have basic telephone service, compared to
98 percent of homes nationally (Smith, 2012). AEAN peoples have long been
disconnected from the rest of the country, as reservations are often on remote land with
little economic potential and away from modern markets, health care, and higher
education. The rise of the internet, however, has served to reinforce the isolation in most
AEAN communities. Education, jobs, and even health care records have increasingly
shifted to the online world, and if AEAN communities lack internet service and even
electricity to run computers, then they are at a severe disadvantage to access resources
41


(Smith, 2012). Lack of access to health care information, information on programs and
legal help available, and other resources have not only severely disadvantaged AI/AN
women from seeking help, but AI/AN communities have also lost opportunities for
economic growth. The communities have been left behind as the rest of the country
moves forward technologically, further exacerbating generational poverty within ALAN
communities (Smith, 2012).
Economic limitations not only exacerbate the rate of sexual violence, but sexual
violence also exacerbates the economic predicaments of ALAN women. In fact, sexual
assault victimization has proven to be an expensive experience for the victims. A John
Hopkins University School of Public Health study found that 50 to 95% of women suffer
from PTSD following a rape, and PTSD can severely affect a persons ability to focus at
work. Another study found that 50% of sexual assault victims lost their jobs or were
forced to quit after being raped because of affected work performance or time required
off to address the emotional and physical problems from the assault, or from legal
proceedings (Greco & Dawgert, 2007). In many cases, if a victim refuses to report the
sexual assault, then she must pay for her medical care (Minnesota Center Against
Violence and Abuse, 1998). The out-of-pocket expenses resulting from sexual assault
have also burdened ALAN women. Medical bills, mental health treatment, property
damage, and lost or diminished work have resulted in an average $5,100 of tangible
losses for sexual assault victims (Greco & Dawgert, 2007). While assistance is available,
many victims may not know it exists, the assistance is reimbursements for costs and
victims cannot provide the money up front, or the assistance does not cover all the
incurred costs.
42


Further, AI/AN programs in urban areas also suffer from severe underfunding, as
eligibility limits for many assistance programs sometimes require those assisted to be at
or below 200 percent of poverty lines (Wilkins, 1993; Greco & Dawgert, 2007).
Programs benefitting tribes also suffer the deepest cuts in federal spending, though
AI/AN peoples are the very people to whom [the] government owes its first
responsibility, based on treaties, statutes, and federal court rulings (Wilkins, 1993, p. 2).
These programs include assistance to AI/AN women victimized by sexual assault. This
lack of program funding, compounded with poverty and other economic limitations,
exacerbates the general vulnerability of AI/AN women to victimization, as the women
lack access for help and the communities lack resources to protect their members. If left
unaddressed, the economic, geographic, and jurisdictional and legislative barriers tribal
communities face could lead to a final and systematic and perhaps even ruthlessly
efficient destruction' of their societies (Wilkins, 1993, p. 2).
Social Issues
Social issues have also compounded with economic, geographic, and
jurisdictional and legislative issues to create and exacerbate the conditions under which
AI/AN women are sexually assaulted. In fact, AI/AN women face social adversity not
only by their victimizations, but also in how their victimizations are addressed. Most non-
native researchers and providers of assistance come from a place of position and power.
They spend only brief periods, sometimes hours, on reservations, interact only as
professionals, and leave (Hamby, 2000, p. 19). Health care providers, law enforcement
personnel, and even rape crisis advocates commonly make recommendations on
preventing and treating sexual assault victimization based on predominant U.S. culture.
43


These recommendations include encouraging AI/AN women to disclose the details of
their victimizations for potential help from agencies, encouraging rape victims to be
physically examined and treated to prevent STDs and pregnancy, encouraging AI/AN
women assaulted by their partners to divorce or leave their partners, and encouraging
AI/AN women to prosecute their perpetrators (Hamby, 2004).
These recommendations often conflict with the values AI/AN women hold
(Hamby, 2004). For instance, AI/AN women may find it difficult to discuss the details of
their victimization out of concern for their communities. Many AI/AN women fear being
ostracized by their families and community, as privacy regarding sexuality and family
problems is very important to many AI/AN communities. By making a report, the victim
goes public with what happened to her. Newspapers, and possibly even radio and
television may report the assault, and the offender is also questioned. This amount of
attention may bring embarrassment to the victim, especially if the details of what
happened to her are released (Minnesota Center Against Violence and Abuse, 1998).
AI/AN women would therefore be unlikely to report their victimizations at the risk of
alienation and embarrassment, particularly in light of the poor handling of reports, the
rare prosecution of such crimes, and the lack of jurisdictional protections for AI/AN
women (National Task Force to End Sexual and Domestic Violence Against Women,
2005). Some AFAN women may also be hesitant to use the U.S. criminal justice system
because they view the system as potentially racist (Hamby, 2004). This fear of reporting
only increases the vulnerability of AEAN women to be sexually victimized, whether once
or repeatedly (Women of Color Network, 2006). To Larry Cox, executive director of
44


Amnesty International, all these factors amount to a travesty of justice for the tens of
thousands of indigenous survivors of rape (Cited in Talhelm, 2007, ]j 4).
These acts of violence and lack of recourse for such acts are not only physically
violating, but they also violate nearly every other aspect of the lives of AI/AN women.
According to the United Nations Convention on the Elimination of All Forms of
Discrimination Against Women, violence against women is discrimination that inhibits
the ability of women to have the same rights and freedoms as men. This violence includes
mental, physical, or sexual harm; threats of such actions; coercion; and other acts that
deprive liberty. These acts of violence deprive women of [t]he right not to be subject to
torture or to cruel, inhuman or degrading treatment or punishment; [t]he right to liberty
and security of person; [t]he right to equal protection under the law; [t]he right to equality
in the family; and [t]he right to the highest standard attainable of physical and mental
health (1992, Recommendation section 7b-g). Sexual violence in general is also a form
of discrimination against women, and the victimization of AEAN women is a form of
discrimination against the indigenous identity. These acts of discrimination, when left not
rectified, are a violation of womens rights to equality within the legal system and beyond
(Amnesty International, 2007).
One of the first times the severity of this violation was highlighted was the
proceedings of the International Criminal Tribunal for Rwanda (ICTR). ICTR was
established to investigate the human rights violations that occurred in Rwanda in 1994.
The prosecution of high-ranking officials for their involvement in the genocide led to a
definition of genocide that included sexual assault. ICTR concluded that genocide is the
act of committing physical or mental crimes to destroy a religious, racial, or national
45


group. Sexual assault was described as a tool of physical invasion committed against a
person under coercive circumstances (United Nations, 2008).
The mental and physical effects of physical and cultural genocide have affected
not only the victims of Rwanda, but also AI/AN women. The continuous threat of
violence and harassment AI/AN women face daily has become a mechanism to create
boundaries physically and socially. Violence reinforces withdrawal and isolation, or
segregation. The notion of whats out there is a reminder to AI/AN women that they
are not welcome in certain situations and ultimately kept them in their position (Perry,
2009b).
The threat of violence not only isolates and segregates AI/AN women, but the
threat of violence also keeps AI/AN women, and women in general, in subordinate roles
with lower levels of political participation, education, and work opportunities. This
subordination of women and their lack of economic independence force many to stay in
relationships of violence and coercion, further preventing women from participating
equally in public and family life. Women in war-stricken territories are at even greater
risk of sexual assault and exploitation, and women in rural areas face risks of gender-
based violence due to traditionally subordinate attitudes toward women (United Nations,
1992). Winona LaDuke further argued that, while the Charter of the United Nations states
that all peoples have the right to self-determination and by virtue of that right they
may freely determine their political status and freely pursue their economic, social and
political development, in reality women often find they are the prey in a predatory
society whether through sexual discrimination, exploitation, sterilization, absence of
46


control over [their] bodies, or being the subjects of repressive laws and legislation in
which [they] have no voice (Winona LaDuke, 1995, p. 470).
The colonization and exploitation of AI/AN women led to stereotypes that
devalued AI/AN women and denied them personhood, a devaluation which is still
prevalent in todays culture (i.e. the use of the term squaw). This devaluation not only
denies AI/AN women of personhood, but it also perpetuates violence against AI/AN
women. According to the National Congress of American Indians, in 2008, 90% of
sexual assaults and 75% of intimate victimizations against AI/AN women were
committed by someone from a different race (National Congress of American Indians,
2008). The rates of sexual assault AI/AN women experience, and the racial/ethnic
composition of the perpetrators of such crimes, suggests that the social context of AI/AN
women is not neutral, and as long as the devaluation of AI/AN women continues to
occur, so too will the violence they experience (Weaver, 2009).
47


CHAPTER III
ROLE OF THEORY
An ideology is made of what it does not mention; it exists because there are things
which must not be spoken of.Pierre Machery (Cited in Million, 2008, p. 2)
Colonialism
For his analysis of the effect of colonialism on AI/AN peoples, David Wilkins
referred to colonialism as the establishment of domination over a geographically-
extemal political unit most often inhabited by people of a different race and culture,
where this domination is political and economic, and the colony exists subordinated to
and dependent upon the mother country (1993, p. 9). The colonizers typically exploit the
land and people of the colonized nation through extraction or abuse. Charles
Pinderhughes further defined colonialism, specifically internal colonialism, as a
geographically-based pattern of subordination of a differentiated population, located
within the dominant power or country (2011, p. 3). Internal colonialisms subordination,
to Pinderhughes, is the group inequality resulting from and expressed by the policies and
practices of a variety of societal institutions, including systems of education, public safety
(police, courts, and prisons), health, employment, cultural production, and finance
(2011, p. 3). In fact, the very foundation of colonialism is that a group has been
conquered; their social, economic, and cultural structures have been uprooted, or at least
disrupted; and outside force is imposed to the degree that resistance is futile (Wilkins,
1993, p. 11).
AI/AN tribes continue to be the subjects of internal colonialism within the United
States. Not only has colonialism led to the economic and cultural erosion of AI/AN
communities, but colonialism also continues to effect the very existence of AI/AN
48


communities. While Supreme Court decisions have established AI/AN tribes as
sovereigns from the United States, federal acts could eradicate that sovereignty. Because
tribes are not protected under the Constitution, these sovereigns, while federally
recognized, could have their rights revoked should the government so choose (Wilkins,
1993). To Felix Cohen, the process of colonialism was established and maintained
because federal officials believed that it was 'the white man's burden of telling the
Indian what to do', since the Indians were 'inefficient, dishonest, wasteful, ignorant,
selfish, impatient, and generally drunk . .' (Wilkins, 1993, p.ll).
Robert K. Thomas further argued that the United States was the first major
country in the world to try to integrate a deviant minority.. .by turning over its affairs to a
governmental bureau and charging that agency with the task of integration and
acculturation, creating the most complete colonial system in the world (Wilkins, 1993,
p. 12). Palmer Patterson argued that unlike Third World countries that were (and are) the
victims of colonization, AI/AN peoples cannot hope that the colonizing power will
eventually leave. AI/AN peoples are culturally and numerically strangers in their own
country (Wilkins, 1993, p. 12).
To Teresa Evans-Campell, this marginalization, lack of hope, and
disempowerment have compounded to create a Colonial Trauma Response (CTR). CTR
is a combination of historical and contemporary trauma responses to community and
personal events. A defining feature of CTR is its connection to colonization. Indeed,
CTR reactions may arise as an individual experiences a contemporary discriminatory
event or microaggression that serves to connect him or her with a collective and often
historical sense of injustice and trauma (2008, p. 18). Evans-Campbell used the example
49


of an AI/AN woman being called a derogatory name and feeling rage over her current
experience and how it connects to the historical treatment and injustices of AI/AN
women: Although the assault targeted her individually, it led her to contemplate her
ancestors experiences and thus connected her to collective ancestral pain in a very
immediate and emotional way (2008, p. 19).
Sexual assault on AI/AN women could certainly elicit this type of response.
Sexual assault is a painful experience for any woman to go through, but for AI/AN
women, sexual assault also reflects a history of domination, genocide, and ethnocide that
all resulted from the colonization of AI/AN tribes. The governments (and societys)
complete control over AI/AN society, historically and currently, have left a legacy of
despair and poverty that not even the illusion of sovereignty can repair.
Economic Theories
In addition to colonialism, poverty and other economic issues affect the rates of
sexual assault AI/AN women experience, and several theories delve into the implications
of economic factors on the rates of sexual assault within AI/AN communities. One theory
is the Inequality Crime Theory, or the theory that higher rates of social and economic
inequality lead to higher rates of crime. This theory has been analyzed for other
demographics such as African American men, and the theory is often used to describe
why the victims of inequality become the perpetrators of crime. However, this theory has
also been used to understand how the victims of inequality also become of the victims of
crime. Through their research, Lawrence Cohen et. al. delved into the Inequality Crime
Theory from the angle of criminal victimization.
50


In 1981, Cohen and his colleagues conducted a study that tested a formal theory of
how certain dimensions of social stratification, such as income, race, and age, correlate
with the risk of criminal victimization. Their study consisted of a representative sample
of the U.S. population and addressed burglary, larceny, and assault. From their data,
Cohen and his colleagues concluded that while the relationship between offenses and
dimensions of social stratification are complex, with all other variables being equal, the
people usually thought to be the most economically and socially disadvantaged, such as
those who are poor or non-white, are actually not the most likely victims of assault or the
other crimes studied (1981). While this studys results provided a counterargument to the
overall Inequality Crime Theory, the theory of Cohen and his colleagues was not applied
to the situation of AI/AN women, so a similar study with AI/AN women may yield
different results. AI/AN women are in a unique situation. Their histories differ (i.e. the
effects of colonization are still being felt because the colonization is still happening),
their current circumstances differ (geographic issues, jurisdictional and legislative issues,
etc.), and the lack of data available for analysis differs from any other disadvantaged
group.
The Inequality Crime Theory describes how present social and economic factors may
affect the rates of criminal victimization; however, for the case of AI/AN women and the
high rates of sexual assault they experience, another theory is needed to explain the
circumstances that led to the economic and social disadvantage of AI/AN women, and
how these circumstances further left AI/AN women vulnerable to violence. Rauna
Kuokkanen argued that the very system of globalization consists of interlocking systems
of oppression such as colonization, patriarchy, and capitalism. These systems are
51


particularly debilitating to indigenous women around the world, as indigenous women are
among the hardest hit by the results of economic globalization, such as the expansion of
markets, trade liberalization, and the cheapening of labor. Furthermore, for globalization
to exist, a certain aspect of colonization needs to take place. As historical texts have
shown, the economic conquest of a society is often accompanied by the physical conquest
of that societys members. This physical conquest includes the sexual assault of the
societys members by the conquerors in order to subdue and exploit the societys
members physically in the same manner that their resources and economy were subdued
and exploited economically. To Kuokkanen, globalization represents a multifaceted
violence against indigenous women (2008).
Kuokkanen supported her argument with the argument of Veronika Bennholdt-
Thomsen and Maria Mies. Mies and Bennholdt-Thomsen argued that the current
globalization process subordinates women under patriarchy not only through violence,
but also through the commodification of everything to maximize profits. This
commodification of society is ultimately harmful to life and human beings, and
particularly to women (1999). This harm may have translated into the devaluation of
Al/AN women that perpetuated the high rates of sexual assault they experience.
Sener Uludag and his colleagues further argued that inequality among and within
nations and its relation to criminal victimization may be explained with the Marxist
theory of capitalisms exploitative practices as it spreads around the world. According to
the Marxist theory, owners of capital seek to increase their surplus value from the
workers in order to increase profits. As capitalism spreads around the world, so does the
class struggle and eventual inequality. Many nations lose their political and economic
52


autonomy within the capitalist system, leading to interdependent nations and the stronger
(core) nations deriving their wealth from the exploitation of weaker (periphery) nations.
This exploitation of periphery nations leads to increased poverty and unemployment in
those nations, further leading to social and psychological strain that contribute to higher
levels of crime victimization for those living in periphery nations. This social and
psychological strain is further exacerbated by capitalisms disruption of traditional
production relations. This disruption causes the migration of people from rural to inner
cities in search of employment and resources, the competition for resources and
employment causing tensions within communities, and these tensions adding to the
poverty, inequality, and poor living conditions people in a transformed nation experience
as a result of capitalism. As these tensions and strains increase, so do the rates of criminal
victimization. A few studies have, in fact, found that periphery nations, or nations that
have greater levels of inequality, have higher levels of crime victimizations among their
citizens than core countries do (2009).
This theory relates to the predicament of AI/AN peoples. AI/AN communities, as the
periphery nations, experience a relationship with the core nations, or the U.S.
governments, that leaves the communities vulnerable to violence. This relationship is
largely due to a history of resources being taken from AI/AN peoples, and also includes
other levels of constraints that inhibit sovereignty and justice, such as jurisdictional and
legislative constraints. AI/AN peoples find themselves with dual citizenships as members
of their communities, but also residents within the United States. They find themselves
constrained by the U.S. governments, yet also dependent on them because of the poverty
and lack of power that has inflicted AI/AN communities.
53


Vandana Shiva further discussed what continues to link capitalism to colonialism, and
colonialism to the exploitation and degradation of indigenous peoples. According to
Shiva, development was supposed to be a post-colonial project where the entire world
could potentially remake itself like the modem West without having to experience the
subjugation and exploitation that embodied colonialism. However, early industrial
development in Western Europe highlighted how colonialism is a constant necessary
condition for capitalist growth: without colonies, capital accumulation would grind to a
halt (1989, p. 398). Development, as a form of resource and therefore capital
accumulation, included not just the creation of wealth, but also the creation of
dispossession and poverty. Development therefore became a process of colonization, or a
project of wealth creation in the vision of the modern West through the exploitation,
degradation, and erosion of nature, indigenous labor, and indigenous cultures (1989).
This exploitation, as other theorists and researchers argue, translates from the conquest
and exploitation of indigenous labor and resources to the physical exploitation of
indigenous womens bodies.
Social Theories
Economic theories need to be compounded with social theories to more fully
examine how the socioeconomic status of AEAN women was established. Unfortunately,
some theories hoping to encompass all women offer aerial arguments of the
circumstances that created the social positions of all women. For instance, in her book
on the issue of rape, Susan Brownmiller argued that rape and sexual assault are tools of
power and intimidation for men to keep all women in fear (1975). Not only were (and
are) rape and sexual assault tools of fear, but they are also tools of subjugation for the
54


protectors of women. To defend and protect themselves against potential predators,
women struck social bargains with men to become domesticated, and ultimately the
chattel of men. In essence, if the chastity and monogamy of a woman were violated, then
the crime would be viewed as a crime against the mans property (1975).
Unfortunately, Brownmillers theories were not directly applicable to the
predicament of AI/AN women. In fact, Brownmillers theories reflected a white feminist
angle on sexual assault (e.g., the domestication of white women and their chastity and
monogamy certainly does not reflect the historical positions of black women, AI/AN
women, etc.). While her perspective on issues affecting women was limited when applied
to the positions of AI/AN women, Brownmiller did have one universal pointsexual
assault against women has historically been a tool of power in both instigating fear and
reinforcing social standings.
To set the stage in discussing the adversities women of color face, Kimberle
Crenshaw described the situation many experience that leaves them vulnerable to
criminal victimization. Crenshaw argued that poverty, childcare responsibilities, and lack
of resources and job skills have burdened many women of color. These burdens, which
resulted from a history of gender and class oppression, compounds to high
unemployment and underemployment that renders women of color less able to depend on
friends and neighbors for temporary assistance, as those friends and neighbors often
experience the same situations of underemployment (1997). Many women of color are
therefore unable to leave households with domestic violence or areas with high rates of
sexual assault or other crimes. Further, these adversities also feed into a system where
women of color find their voices ignored in the justice system and broader social
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discussions. Crenshaw argued that when issues such as sexism and racism, which readily
intersect in reality, are not allowed to intersect in feminist theory, and when identities are
relegated to either women or people of color, then the identities of minority women
are relegated to an untold place (1997). Crenshaw pointed to the violence that happens
toward minority women as an example. Because minority women are situated between at
least two oppressed groups, often with conflicting political agendas, the women may find
themselves in an intersectional disempowerment. For instance, groups fighting for
minority rights may suppress the intracommunity problems of violence towards their
women because of the public perception that might result from the disclosure of such
problems (1997).
This suppression of intracommunity problems, according to Wilma Mankiller,
happens in AI/AN communities: Nascent concerns about discrimination against Indian
women often are overshadowed by the need of all tribal members to band together
against political and legal attacks (1998, p. 198). Other activists and researchers have
discussed sexual assault against AI/AN women only indirectly as an indigenous family
violence issue. This limited scope has kept hidden the prevalence of sexual assault
against AI/AN women (Cox, 2008). Conversely, feminist movements may also suppress
the violence that happens towards minority women to prevent the perception that such
violence is a minority problem, though some feminist scholars have used AI/AN
women as examples of where sexism originated (Popick, 2006). While these analyses are
being proved incorrect (since many AI/AN societies had egalitarian structures concerned
less with equality and more about the dignity of the community members and the right of
members to make decisions), these analyses, and conversely the lack of analyses on
56


violence toward AI/AN women, have highlighted the role and depiction of AI/AN
women in feminist discussions on violence (Popick, 2006).
AI/AN women have found their conditions are buried within the colonial
apparatus involving colonizers and colonized, and they are placed in a conflict between
the need to organize on intimate issues and the necessity to argue for self-determination
for their communities (Million, 2008, p. 4). Even self-determination movements led by
AEAN men ignore the predicament of AEAN women, as many of these movements
exclude the AEAN view of the private sphere or the domestic conditions that were a
daily part of women and children's survival (Million, 2008, p. 4). The limited focus on
issues affecting AEAN women also impacts how indigenous communities view violence.
In fact, [t]he lack of education about sexual assault, and the compounding effects of
coloni[z]ation, contribute to the normali[z]ation and acceptance of violence in some
contemporary Indigenous communities (Cox, 2008, p. 2).
Andrea Smith delved further into the psychological and social implications of
violence and the lack of action to seek justice, on AEAN women and larger society.
Smith suggested that sexual violence is not limited to the act of rape. It encompasses
strategies designed to not only destroy peoples, but also to destroy their sense of being a
people (2005, p. 3). When an AEAN woman experiences abuse, she experiences it as an
attack on her identity as a woman and as an AEAN woman. To Smith, the untold stories
of AEAN women and other victims with untold stories allows sexual violence to become
a tool of patriarchy, racism, and colonialism that labels people as rapable, sometimes
labeling entire communities of color as potential victims. The labeled groups are then
subjected to violence through direct sexual assault as well as state and federal policies
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(2005). The labeled groups are sometimes even subjected to violence from their own
men as a result of patriarchy. [As bell hooks argued, minority men, who are utterly
disenfranchised in most every arena of life in the United States, often find that the
assertion of sexist domination is their only expressive access to that patriarchal power
they are told all men should possess as their gendered birthright (hooks, 1993, p. 353).
Because the domination and control of sexism requires violence to maintain that control,
rape and sexual harassment are the direct result of patriarchy. Therefore, [w]e cannot
hope to transform rape culture without committing ourselves fully to resisting and
eradicating patriarchy (hooks, 1993, p. 353).]
Sherry Hamby, examining the feminist standpoint theory, suggested that
subordinate groups, such as AI/AN women, are in a prime position to address the
problems suffered under patriarchy. AI/AN women are essentially bicultural warriors
who possess information about social relations that dominant groups do not, as AI/AN
women must learn the cultural and social customs of both the dominant group (Western
culture) and their own groups. These warriors also intentionally seek out achievements
instead of letting the achievements happen as a result of belonging to a particular group
(2000, p. 19). The feminist standpoint theory ultimately suggests that AI/AN women can
be valuable resources and the instigators of change to better their societies. The question
is, what needs to be done to make that change happen?
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CHAPTER IV
DISCUSSION
Knowledge is the foundation of human progress as well as the basis for our expectation
that we.. .can help people achieve a brighter future. -Russell Schutt (2004)
What Has Been Proposed to Address the Problem
Because sexual assault against AI/AN women is a multifaceted issue, approaches
to address the violence need to be holistic. These approaches overall should challenge
discrimination on the grounds of gender and Indigenous identity in society at large and
in the institutions charged with upholding and delivering justice (Amnesty International,
2007, p. 92). Amnesty International, other advocacy organizations, and researchers have
proposed several approaches to improve the investigation of sexual assault reports; the
treatment of AI/AN women, physically, mentally, and emotionally after the assaults
occur; the prosecution of reports; the legislation aimed at preventing future assaults and
creating safe environments for reservations; and the education of AI/AN issues and
history so that the underlying ideologies that have contributed to the assaults are exposed
and addressed.
Investigation
First, a clear issue for reservations is the response of law enforcement to sexual
assault reports. Jurisdictional confusion has muddled which law enforcement office is
responsible for responding to a report, depending on the perpetrators race and where the
assault took place. Legislation will need to be updated or overturned to clear this
confusion, but what Amnesty International argued can be immediately done is to
permanently increase federal funding (i.e., not subject to cuts) to recruit, train, equip, and
retain sufficient law enforcement officers to provide adequate law enforcement coverage.
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Training should reinforce that all police officers, in policy and practice, have the
authority to take action in response to reports of sexual violence, including rape, within
their jurisdiction. The officers can then effectively apprehend the alleged perpetrators in
order to transfer them to the appropriate authorities for investigation and prosecution. All
law enforcement agencies should also co-operate with, and expect cooperation from,
neighboring law enforcement bodies on the basis of mutual respect and genuine
collaboration. This cooperation will ensure protection of survivors and those at risk of
sexual violence, and that perpetrators are brought to justice (Amnesty International,
2007). While a permanent increase in federal funds may not be plausible, as almost
anything in federal budgets are subject to cuts, a general increase in funds for enhancing
and training law enforcement could is certainly possible.
Amnesty International also recommended that, in addition to better coordinating
responses to reports of sexual assault, law enforcement authorities establish processes of
reporting where victims, relatives, and witnesses can make reports without fear of reprisal
(Amnesty International, 2007). With too long a history of ineffective policing creating
distrust among AI/AN communities, victims and witnesses should finally be able to make
reports with confidence that they will be taken seriously and that authorities will act
properly and impartially. Also, with a history of reports and evidence being improperly
mishandled and AI/AN women not having access to health care facilities, law
enforcement agencies and health service providers should ensure that all AI/AN women
survivors of sexual violence have access to adequate and timely sexual assault forensic
examinations without charge to the survivor and at a facility within a reasonable distance.
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This access to health care facilities is the start to providing the proper treatment to AI/AN
victims of sexual assault (Amnesty International, 2007).
Treatment
To enhance access to the proper treatment, Amnesty International and Sarah Deer
have suggested a few initiatives. First, Amnesty International suggests that the federal
government increase funding for the Indian Health Services and other health care
programs for AI/AN women. This increased funding would improve and further develop
facilities and services, increase permanent staffing in both urban and rural areas in order
to ensure AI/AN women receive adequate medical attention, and create more sexual
assault nurse examiner (SANE) programs (2007). Second, Amnesty International
suggests that state and federal governments ensure adequate funding for support services,
including shelters and rape crisis centers. In exchange, these shelters and rape crisis
centers should provide culturally appropriate, sensitive and non-discriminatory support to
AEAN women (2007). Finally, Sarah Deer suggested that AEAN peoples be given the
resources to provide safety and health services themselves (Cited in Talhelm, 2007).
Adequate treatment services and thorough investigations are important aspects to
ensuring justice and care for AEAN victims of violence. However, changes to the
prosecution of AEAN sexual assault cases also need to be made in order for justice to
truly become reality for the victims.
Legislation
In order to amend the prosecution system and increase funding for programs
necessary to treat AEAN victims of sexual assault, legislation needs to be revised. After
all, limits to tribal authority, lack of funding for AEAN programs, and the lack of
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prosecution of cases due to jurisdictional confusion all relate to limits imposed by
legislation. One of the bills that many groups argue should be amended is the Indian Civil
Rights Act.
The Indian Civil Rights Act limited the punishments tribal courts could impose on
AI/AN peoples, the punishments being a maximum of one year of imprisonment or a
$5,000 fine (Cornell University Law School, 2012). Further, tribal courts can order these
sentences for only AI/AN peoples. They have no jurisdiction over non-AI/AN peoples,
even if the crimes were committed in Indian Country. To empower tribal courts to better
protect AI/AN peoples, Amnesty International argued that Congress should amend the
Indian Civil Rights Act to recognize that tribal authorities have jurisdiction over ALL
offenders who commit crimes on tribal land and the authority to impose sentences
commensurate with the crime and consistent with international human rights standards
(Amnesty International, 2007). Amnesty International also argued that the federal
government should ratify the following international human rights treaties5:
the Convention on the Elimination of All Forms of Discrimination against
Women
the International Covenant on Economic, Social and Cultural Rights
the Inter-American Convention on the Prevention, Punishment and Eradication of
Violence against Women
the ILO Convention No. 169, concerning Indigenous and Tribal Peoples in
Independent Countries (Amnesty International, 2007)
Perhaps one of the most unanimous current calls for legislation to protect ALAN
women is continued funding for the Violence Against Women Act (VAWA), particularly
5 The United States hesitation to ratify human rights treaties, has long been controversial. A treaty is
essentially a contract between nations, and the nations must abide by that contract. The United States has
expressed hesitation to undertake a treaty obligation it cannot carry out or conflicts with existing U.S. law
or the Constitution, among other reasons. With treaties, however, conditions can be attached to the treaties
ratification so long as the other parties of the treaties accept the conditions. The attachment of the United
States conditions to treaties, specially the number of conditions, has also been controversial and other
nations view these conditions as undermining the purpose of the treaties (Venetis, 2011).
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the section that aims at protecting AI/AN women (Lee, 2007). The law gave law
enforcement and social service organizations funding to train prosecutors and law
enforcement, and to educate about violence and sexual assault against women with the
goal of prevention. Unfortunately, and for the first time since 1994, VAWA was allowed
to expire in January 2013. Over two months elapsed before the Senates extended version
passed, but the bill was finally signed into law on March 8, 2013. There were several
initial objections to the passage of the Senate version, notably against new protections for
ALAN women. The Senate version empowered tribal courts to hear cases involving non-
ALAN offenders within ALAN communities. This expansion of tribal court jurisdictions
raised questions on tribal court authority and whether this authority would soon become
limitless (Lyden, 2013). The new law is expected also to raise questions about expanded
sovereignty that may end in several court cases (Cohen, 2013).
Cultural Reform
Understanding and fully addressing the issue of violence against AI/AN women does
not rest solely on the amendment of legislation, increased funding for ALAN health care,
or in increased training of law enforcement. In fact, Andrea Smith argued that anti-
violence measures cannot depend solely on state and federal funding or the criminal
justice system. To Smith, there is a contradiction in relying on the state to solve problems
the state is responsible for creating. Further, this dependence on government funding and
the justice system increases the professionalization of anti-violence initiatives and
alienates the power of the movements from the community (2005, p. 171-172). These
movements therefore need to include community organization and community-based
responses to violence. These movements and responses should [pjromote holistic
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political education at the everyday level within [AI/AN] communities, specifically how
sexual violence helps reproduce the colonial, racist, capitalist, heterosexist, and
patriarchal society we live in as well as how state violence produces interpersonal
violence within communities (2005, p. 174). This holistic education would, in turn,
focus less on the criminalization of offenders and more on the U.S. ensuring economic,
social, and cultural rights that decrease womens vulnerability to violence (2005, p.
168).
This holistic approach would also involve a community response to help heal the
victims. One approach suggested is programs that promote restorative justice.
Restorative justice is an umbrella term that describes a wide range of programs
which attempt to address crime from a restorative and reconciliatory rather than a
punitive framework. As opposed to the U.S. criminal justice system, which focuses
solely on punishing the perpetrator and removing him (or her) from society through
incarceration, restorative justice attempts to involve all parties (perpetrators, victims,
and community members) in determining the appropriate response to a crime in an
effort to restore the community to wholeness. (Smith, 2005, p. 139-140)
Restorative justice would heavily involve tribal authorities in the investigations,
prosecutions, and sentencing.
Other suggestions for a cultural and community approach draw from the spirituality
and traditions of many AI/AN communities. Resources such as native healers, talking
circles, and other spiritual, cultural, and tribal justice resources have the potential to
provide coordinated community responses that are relevant and relatable to AI/AN
communities. These resources could incorporate cultural interests into current
government services and programs, and therefore provide individualized care based on
the needs and cultures of particular communities. For example, language and
communication styles could be adapted based on the respective audience, and agencies
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could have community members and survivors as part of the staff to make the programs
relatable and more comfortable to victims. Community based responses could also
provide more choices for accessible services. Transportation, meals, and child care could
be addressed to make these services acceptable and therefore effective, and provide
AI/AN women a choice of services that are within or outside of their communities.
Finally, the community could initiate efforts to secure continuous and adequate funding
from federal, state, and tribal sources. AI/AN gaming revenues, or grants from the STOP
Violence Against Indian Women Discretionary Grants Program are examples from which
community groups could request funds (Hamby, 2004).
What Has Been Done to Address the Problem
Legislation
Several legislative and funding initiatives have already been taken to address
certain aspects of the multifaceted problem, predominantly on the federal side. Federal
funds for AI/AN tribes are sometimes earmarked. For instance, members of federally
recognized tribes can receive services at Indian Health Service facilities (IHS) or tribal
facilities that receive IHS funding, such as treatment for STDs and injuries (and AI/AN
women can receive free psychotherapy if they locate an IHS therapist with sexual
victimization trauma expertise) (Hamby, 2004).
The United States Department of Justice is also taking steps to prevent violence
against AI/AN women. The U.S. Department of Justice has granted millions of dollars to
tribes such as the Choctaw Nation and Tonkawa Tribe to fight violence against women
and help victims pay for education costs (Associated Press, 2009). In addition to these
funds, in March 2008, Title IX of YAW A, Section 904 (a)(l)(2), authorized the
65


Department of Justices National Institute of Justice (NIJ) to develop the Section 904
Tribal Task Force. The Task Force is currently developing several research projects to
examine various forms of violence against AI/AN women living in tribal communities,
evaluate the effectiveness of federal, state, tribal, and local responses to violence against
American Indian and Alaska Native women, and propose recommendations to improve
effectiveness of these responses (U.S. Department of Justice, Section 904Task Force,
2013, ]} 3). One of the steps already taken to improve effectiveness includes $118 million
the Coordinate Tribal Assistance Solicitation gave to AI/AN communities in fiscal year
2010-2011 to enhance law enforcement, bolster justice systems, prevent youth substance
abuse, serve sexual assault.. .victims, and support other efforts to combat crime (U.S.
Department of Justice, Tribal Communities, 2012, ]j 21).
The efforts from the Department of Justice were supported through the
discussions and legislation moving through Congress. For example, on July 29, 2010,
President Barack Obama signed into law the Indian Arts and Crafts Amendments Act of
2010 (The Library of Congress, 2010). The bill contained provisions to provide greater
federal law enforcement agencies support to AI/AN by reauthorizing several programs
within the Department of Justice and the Bureau of Indian Affairs, specifically programs
to reform and enhance criminal justice proceedings on tribal lands (with the exception of
Alaska). Previous legislation allowed tribal governments to prosecute only crimes
committed by AI/AN peoples on reservations and enforce a maximum of one year in
prison, forcing tribal governments to rely on federal agencies for major offenses by
ALAN peoples and non-APAN peoples. The new law allows tribal courts to impose
sentences of up to three years in prison or a maximum fine of $15,000 for crimes
66


occurring on reservations, although the act does not alter jurisdiction over the prosecution
of non-AI/AN peoples. The law would encourage cooperation between tribal and federal
law enforcement agencies, as well as the sharing of resources such as information
databases and legal advising. The law also requires the Bureau of Indian Affairs to train
tribal law enforcement officers on how to interview victims of violence and preserve
evidence, and it requires national standards to investigate and prosecute sexual assaults
and assist victims of violence (Weyl, 2010; Bryan, 2010). The overall goal of the law was
to amend previous legislation to clarify the responsibilities of state, local, federal, and
tribal governments; increase coordination and communication among the governments
(including increased collection and sharing of criminal data); enhance the power of tribal
governments through funding and training programs; and ultimately reduce crime in
Indian Country (The Library of Congress, 2010).
Investigation
Despite efforts to amend ineffective legislation, remaining federal legislation
restricting the jurisdictions of federal, state, and tribal law enforcement has created
loopholes on reservations for non-AI/AN offenders. Unfortunately, AI/AN peoples on
reservations are required to depend almost completely on the federal government for
protection. This protection is against major crimes, such as murder and felony assault,
where Congress and the courts have stripped Indian tribes of their traditional powers to
handle such offenses (Eid, 2007, ]j 4). Amnesty International suggested that prosecutors
need to be vigorous in prosecuting cases of sexual violence against indigenous women
(2007).
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A program led by U.S. attorney Troy Eid is an example of this assertiveness. To
address the loopholes left by Congress, Eid and his team have cross-deputized Southern
Ute tribal police, sheriff officers, and wildlife rangers to have jurisdiction to enforce
federal and tribal laws. This training involved building a federal case, preparation for
courtroom testimony, and pertinent areas of jurisdiction (Cited in Cardona, 2008, ]j 5).
The federal prosecutors also communicated with the tribal prosecutors and justice
department about the cases and whether the cases should be shared between federal and
tribal governments, or if they should be solely federal or solely tribal cases. The most
beneficial aspect of this cross-deputization was that tribal police had jurisdiction over
non-AEAN perpetrators. As of 2007, Eid and his team had successfully cross-deputized
60 law enforcement officers (Eid, 2007). As a result of this cross-deputation, [mjajor
crimes [were]... investigated and prosecuted at a faster rate, contradicting the national
trend of federal prosecutors declining cases that happened in Indian Country (Cited in
Cardona, 2008, ]} 2). Eid suspected his office would get more cases as a result of the
programs success; the cross-deputization definitely came in handy, as [a]bout a fifth of
federal criminal cases the U.S. attorney's office handle[d] in Colorado involve[d] the
Southern Ute and Ute Mountain Ute reservations in the state's southwest corner, hundreds
of miles from Denver (Finley, 2007, ]} 1).
Other Initiatives
In addition to legislative and investigative reforms, and despite the unique barriers
AEAN women continue to face, resources have emerged to help AEAN communities
address and heal from sexual assault victimization. Native healers have provided care for
the aftereffects of victimization and offer a form of counseling that is comfortable and
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familiar to AI/AN women. Most AI/AN communities have cultural ceremonies that offer
a source of healing that is familiar to AI/AN women, including talking circles, sweat
lodges, and healing ceremonies. AI/AN communities also have tribal justice forums that
emphasize restorative and reparative approaches to justice rather than the adversarial
system found in the U.S. court system (Hamby, 2004, p. 5). These forums often focus
more on the needs of the victims and community members to seek justice for incidents of
sexual assault victimization.
An educational initiative also has come from within AI/AN communities. To raise
awareness of the violence plaguing AI/AN communities, many AI/AN women have
become public and political advocates for their people (Mankiller et. al, 1998, p. 410).
Wilma Mankiller, Paula Gunn Allen, and Andrea Smith have become prominent
advocates for and educators of AI/AN issues. In fact, Smith cofounded INCITE! Women
of Color Against Violence. INCITE! s goal is to end violence against women of color
that results from war, police violence, and colonialism, as well as violence within those
communities such as sexual assault and domestic violence. INCITE!s efforts include
researching political projects, grassroots outreach, organizing rallies, running a grassroots
clinic, training women on self-defense, and educating about violence and sexual
harassment that happens to women of color (INCITE!, 2012).
Other education initiatives supported a more respectful perception of AEAN
culture by incorporating AEAN history into general U.S. history. For example, in 1987
and 1988, the House and Senate Indian Affairs committees introduced resolutions that
acknowledged the contributions of the Iroquois Confederacy on the development of the
Constitution. The resolutions also reaffirmed the continuing relationship between AEAN
69


tribes and the federal government, the trust responsibility and obligation of the federal
government toward AI/AN tribes, and the need to exercise good faith in upholding
treaties with the various tribes (Library of Congress, 1988). Though symbolic, these
resolutions demonstrate how the government is beginning to recognize the contributions
of AI/AN peoples to the formation of society, and the need of tribes to be empowered
with resources and sovereignty.
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CHAPTER V
CONCLUSION
What Could Be Done to Address the Problem
The project of creating a new world governed by an alternative system not based on
domination, coercion, and control, does not depend on an unrealistic goal of being able to
fully describe a utopian society for all at this point in time... .Nevertheless, we can be part
of a collective, creative process that can bring us closer to a society not based on
domination. -Andrea Smith (2005, p. 191)
Walking into the Smithsonians National Museum of the American Indian, one is
overwhelmed by the multiple floors of vases, blankets, canoes, and jewelry, all of these
items encased and on display for visitors to walk by and hopefully learn more about the
culture of the American Indian. Visitors are able to view and read the history of the
items on display; possibly explore one of the exhibits, such as native athletes in the
Olympics; and leave with a sense they have a better understanding of the American
Indian.
While all of these items are certainly interesting artifacts in themselves, they are
disjointed pieces of historical interest that fail to provide a cohesive picture of the lives of
AI/AN peoples, or even one tribe. The artifacts would serve a great purpose of education
if they could supplement an already ingrained knowledge of history that includes AI/AN
peoples. Unfortunately, that ingrained knowledge does not exist. Rarely are students
encouraged to consider the historical anomaly of European Americans immigrating to
North America and having little to no genetic, cultural, intellectual, and diplomatic
interaction with its native people for almost two centuries before the Constitutional
Convention (Grinde & Johansen, 1991, p. 246).
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Textbooks do mention some history of dispossession and cultural genocide AEAN
peoples experienced over hundreds of years. However, rarely does the general public
know, understand, or fully sympathize with the problems AI/AN peoples currently face
and how those problems are linked to their historical treatment. AI/AN women in
particular, with the exception of Sagawea and Pocahontas (and these depictions are often
Euro-centric, with these women being the saviors of white men and the objects of lust for
AEAN men) (Green, 1975), have found they are excluded from the recounting of U.S.
history altogether.
The lack of AEAN presence within history not only silenced AEAN women, but the
silence also suggested that violence against AEAN women is larger than the issue of the
violence itself. This erasure of AEAN women from history and current discourse has
created a dehumanization effect that lends itself to the perpetuation of violence. This
dehumanization, combined with centuries of historical violence, may have ultimately
contributed to the continuously high rates of sexual violence AEAN women report.
When I was first appalled by the rates of sexual assault AEAN women experience,
my initial intent with this thesis was to analyze why those rates were so
disproportionately high. My initial intent was to research how levels of poverty might
correlate with the rates of sexual assault. After comparing several variables of data from
the National Crime Victimization Survey, however, I soon realized why that focus would
be very hard to tacklethe data is sparse, and the data that is available does not reflect
the various factors contributing to the high rates of sexual assault. Poverty is measurable
and is certainly a contributing factor to the rates. If AEAN women had greater access to
resources and were more visible within society, then the rates of sexual assault might be
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lower. However, poverty is not the only factor. Poverty exacerbates the problems AI/AN
women experience because of historical inequality, but poverty is also one of the many
negative results of historical inequality, particularly of colonialism.
The resulting institutions of colonialism created jurisdictional and legislative
confusion that made reservations prime targets for perpetrators of crime, colonialism
created and reinforced the social standings of AI/AN peoples (as the defeated) within a
dominant (or victorious) society. Colonialism also created (and continues to create)
trauma within AI/AN communities that not only perpetuates levels of poverty, but also
renders AI/AN peoples leery of white institutions. This caution may also be why data
on AI/AN sexual assault victimizations is so sparse and unreliableAI/AN women are
afraid to report their victimizations to police, they are leery of reporting their experiences
to data collectors, and they are afraid to let their victimizations be known even within
their own communities.
The problem of sexual assault against AI/AN women is staggering, not just for the
number of people affected, but also for the factors involved to address the high rates.
Police forces can be increased, funds can be allocated to enhance SANE training and the
sensitivity of health care providers to the indigenous survivors of assault, and bills can be
amended to empower tribal courts to hand down more effective sentences. However,
these steps address only some angles of a multi-angled issue. These acts do not get at the
root(s) of the problemhow did the rates of sexual assault become as severe as they did?
Are there other factors we still need to address in order to see the rates of sexual assault
decrease?
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From the studies and information on the issue, one thing is clear: the problem cannot
be solved (if it could ever be truly solved) without the collaboration of larger society
and AI/AN peoples. We cannot know the true severity of the problem until we fully
engage the help of those affected by the problem and make the results of this
collaboration widely known. Without understanding the historical, psychological,
economic, cultural, and social limitations that have left AI/AN women vulnerable to
sexual assault, prevented them from reporting their assaults, and prevented the
perpetrators from being brought to justice, we cannot assume the rates of assault will
decrease with simple amendments to bills or increased funds for police forces.
Legislative Reform
To initiate the process of real reform, Democratic and Republican congressional
leaders on the Senate Indian Affairs Committee are discussing how to address the
boundary issues that have complicated the prosecutions of sexual assault reports from
ALAN women, as well as the health care treatment of victims. Some of the proposed
items are legislation and funding that would increase access to SANE programs and
trained nurses, and more police officers to investigate the reports and patrol reservations
(Associated Press, 2007). Increased funds for more and better trained law enforcement
(particularly state law enforcement, to provide incentive to protect tribes covered by P.L.
280) and for better trained health care professionals would help the victims after the
assaults happen. However, these items may not significantly alleviate the rates of sexual
assault, nor do they address the root of the problem and help the prevention of assaults.
Funding is certainly helpful. After all, poverty and lack of funding for assistance
programs is one of the root causes for the cyclical pattern of sexual assault (Greco &
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Dawgert, 2007). However, levels of funding are unpredictable, and often not enough to
provide the resources needed. Even with adequate funding, the root of the problem, the
confusion of jurisdictions and the limits placed on tribal courts and law enforcement, still
remains. Legislation is therefore needed to reduce the confusion of jurisdictions and
empower tribal authorities.
In their 2007 report, Amnesty International asked that the Indian Civil Rights Act
be amended to allow tribal authorities to have jurisdiction over all offenders of crimes in
Indian Country, and to impose sentences consistent with international human rights
standards (2007). The Indian Arts and Crafts Amendments Act of 2010 took a step in the
right direction by encouraging cooperation between federal, state, and tribal authorities.
The act also empowered tribal authorities slightly more by increasing the maximum fines
and years of sentencing they can impose from one year of imprisonment and a $5,000
fine to three years of imprisonment and a $15,000 fine. However, this act is not enough to
account for the seriousness of the crimes committed within and outside of Indian Country
against ALAN women. This act also does not empower tribal authorities to arrest and
sentence non-Indian perpetrators who commit crimes within Indian Country. Just as the
safety of ALAN women is threatened by the limits imposed by the federal government,
the sovereignty of tribal governments, and the tribes overall is threatened.
Felix Cohen, former assistant solicitor for the Department of the Interior, accused
the Bureau of Indian Affairs of perpetuating the colonial relationship between the federal
government and ALAN peoples. Cohen argued that to break this relationship of
domination, establish a healthier relationship between the federal government and ALAN
peoples, and ultimately better protect and serve AI/AN communities, ALAN self-
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determination is necessary. This self-determination includes allowing tribes to spend their
own money as they deem appropriate, operate their own education systems, use and
maintain their lands as they deem appropriate, hire their own attorneys for legal matters,
and have their legal claims with the federal government settled as soon as possible
(Wilkins, 1993). The Indian Reorganization Act (IRA) attempted to establish some
sovereignty for AI/AN tribes by allowing tribes to develop and conserve resources, form
business and other organizations, establish a credit fund for economic development, and
provide vocational education for AI/AN peoples. While the Act terminated the allotment
policy and encouraged cultural empathy and the development of education programs, the
Act failed to establish AI/AN economic self-determination, as AI/AN communities did
not have a sufficient economic base to support the communities (Wilkins, 1993).
The IRAs efforts and Cohens suggestions for self-determination are great starts,
but they fail to take into consideration an essential part of sovereigntyself-governance.
Without empowerment to protect their communities and sentence offenders accordingly,
tribal courts and law enforcement lack the ability to function appropriately, and a
loophole of violence remains within AI/AN communities. The reauthorization of VAWA
aims to empower tribal governments to arrest and charge non-AI/AN perpetrators who
commit crimes within Indian Country, although this law is expected to raise concerns
over increased sovereignty of tribal courts. However, in order for AI/AN communities to
fully receive the protection and justice they need, legislation granting increased
governmental sovereignty to tribes must pass and tribal courts and law enforcement must
have full jurisdiction over what occurs in their communities.
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Other legislative and collaborative measures could also be considered and passed
to significantly impact the rates and treatment of sexual assault victimizations. A recent
legal case in Colorado serves as an example of possible future collaborations. In 2010, a
Cortez hospital refused to treat a Ute Mountain Ute woman who said she was raped.
Those close to the case claimed a physician told her to go back to the reservation
because Indian Health Services often failed to reimburse the hospital for the care of
indigent American Indians (Lofholm, 2012,1} 11). The case highlighted not only the
shortchange of federal funding that smaller tribes experience, but the refusal of treatment
was also a violation of the Emergency Medical Treatment and Active Labor Act; the Act
requires public hospitals to provide emergency treatment, regardless of a patient's ability
to pay (Lofholm, 2012, ]} 14). In fact, the investigation in the case revealed that the
hospital long had problems with refusing to treat ALAN patients. The womans case led
to a civil-rights settlement that became a catalyst for enhanced federal government and
tribal cooperation. The settlement set new policies within the hospital that ensure tribal
members who come off reservations for medical treatment aren't discriminated against
(Lofholm, 2012, ]} 2). This case, according to Ernest House Jr., a member of the Ute
Mountain Ute tribe, could be a pivotal point for how [ALAN peoples] access health
care (Lofholm, 2012, ]} 7). U.S. district attorney Troy Eid also argued the case could
become a textbook example of how states and tribes should be working together on
tribal rights" (Lofholm, 2012, ]} 5). Indeed, tribes could prove to be the integral part in
reforming legislation that not only improves access to health care, but also clarifies the
jurisdictional confusion and rectifies the judicial problems that have left AI/AN women
so vulnerable to sexual assault.
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Judicial Reform
Legislative reform should include not only the rectification of current judicial
snags, but also the empowerment of tribes to operate their own judicial systems. From her
interviews with AI/AN victims of sexual assault, Barbara Perry concluded that existing
structures and relationships with law enforcement and the larger judicial system have
not been able or even intended to radically transform the place of [ALAN peoples], so
that they are recogni[z]ed as valuable and sovereign peoples (2009a, p. 18). Andrea
Smith further argued that because sexual violence is a tool of colonialism and patriarchy,
the struggle for sovereignty and the struggle against sexual violence are interrelated, as
attacks on ALAN women are attacks on Native sovereignty (Smith, 2005).To encourage
sovereignty and fully address the violence against ALAN women, Perry suggested the
federal government give ALAN communities power to implement locally relevant
systems of social control (2009a, p. 18). Research from the Harvard Project on
American Indian Economic Development supported Perrys argument.
The Project conducted research on the effectiveness of governments between
tribes with more autonomy to govern their own peoples and tribes with less autonomy.
The results found that [o]nly those tribes that have acquired meaningful control over
their governing institutions have experienced improvements in local economic and social
conditions (Wakeling et. al, 2001, p. 53). In fact, the research did not find a single case
of sustained economic development where the tribe [was] not in the driver's seat
(Wakeling et. al, 2001, p. 48). In all the economically stable tribes, the Bureau of Indian
Affairs and other federal agencies were demoted from being decision-makers to advisors.
The researchers on the project concluded that the current situation of ALAN policing has
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the effects of not only reducing tribal control, but also of diffusing accountability for poor
policing. This policing is due to federal agencies neglect of the needs and priorities of
the tribes (Wakeling et. al, 2001).
The Project researchers argued that the poor policing could be enhanced not only
by empowering tribal authorities, but also by implementing community policing, a
process
by which communities lend their authority to the police enterprise, see their
norms and values reflected in the police mission, and employ their.. .resources to
address crime. In turn, the strategy enhances the capacity of police to address
crime and to help communities become strong, independent, and resourceful.
(Wakeling et. al, 2001, p. 54)
By incorporating community values and needs into the mission of law enforcement, not
only is the credibility of the law enforcement enhanced, but the community is also more
receptive to working with the police to report and prevent crime. This incorporation of
community values could include having local elders accompany responding officers to a
call. The challenge is to create workable, nation-specific policing institutions and
approaches informed by traditional customsbecause they lay the best foundation for
improving safety, preventing crime, and promoting the practice of effective policing in
Indian Country (Wakeling et. al, 2001, p. x).
In order to empower tribes to implement law and justice they deem relevant for
their communities, legislation must be amended to clarify jurisdictions and remove tribes
from under federal (and sometimes state) jurisdiction. However, as the troubles that faced
the VAWA reauthorization demonstrated, legislation granting tribal courts and law
enforcement more jurisdictional power may be controversial and therefore challenging to
introduce and enact. To act as a temporary solution, the cross-deputization program Eid
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and his team implemented in Colorado could be launched nationwide to patrol and
protect tribal territories more effectively, as least until legislation fully empowering tribal
governments to investigate any crimes within their territory by any perpetrator is enacted.
This program could also supplement other possible short term programs to improve the
current policing of reservations. For example, all law enforcement bodies, prosecutors,
courts, and health service providers could develop policies and protocols of
accountability, including transparent grievance systems, through which AI/AN women
survivors of sexual violence can file complaints of inappropriate conduct. Under these
grievance systems, law enforcement officials who fail to act on reports of sexual violence
or to have carried out biased or inadequate investigations would be held accountable and
have appropriate actions taken against them (Amnesty International, 2007).
Many AI/AN communities have also requested restorative and reparative
approaches to justice be taken into consideration when investigating and prosecuting
offenses. These approaches would happen within and outside of the court systems and
could consist of healing circles and amends made (financially, emotionally, and mentally)
by the perpetrators to the affected families in order to bring balance and healing back to
the victims and the community (Futures without Violence, 2013). Restorative and
reparative approaches to justice could assist with misdemeanor and even some felony
crimes, but for violent crimes such as rape and murder, it is unclear how restorative
approaches to justice would work. Nevertheless, it is important in non-violent cases to
consider whether removing the offender from the situation and placing them in another
potentially damaging situation, like prison, is the best method of handling those cases in
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AI/AN communities, especially as such removal conflicts with the communal beliefs of
those communities.
Educational Reform
In addition to the current solutions and the proposed recommendations from
Andrea Smith, INCITE! Women of Color Against Violence, Amnesty International, and
Sherry Hamby, there is a need to address the root of the problemhistory. The history of
racism and inequality continues to perpetuate the severity of the sexual assaults AEAN
women experience. Just as it would for the legislative and judicial factors, addressing the
history of violence would require a multifaceted approach. A large component of
addressing this history lies within the education system. If all we know of AEAN peoples
is the history of violence they have experienced and nothing of what they currently
experience, and all we know of AEAN women are Pocahontas and Sagawea, then how
can we as a society address the problem of sexual assault? How can there be an incentive
to increase funding for training law enforcement (tribal and federal) and demand the
restructure of programs addressing and treating sexual assault against AEAN women
when there is a lack of knowledge about the problem, about the women, about their
societies, and why we should even address the issue at all?
Amnesty International argued there is a need to promote education that discusses
the nature of violence AI/AN peoples experience as a result of colonialism and
globalization, as well the relationships they currently have with the government and
larger society (2007). There is also a need to discuss the cultures of AEAN peoples as
they did and currently exist. Educational curriculums on AEAN peoples frame AEAN
history as a sad one, where AEAN tribes were conquered, and their culture was erased
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from the American identity. What educational curriculums should discuss, however, is
how rich that culture was and still is and how AI/AN peoples have influenced the
structure of society. Not only is the retelling of history from all sides important in the
larger picture we convey to future generations, but education also has the effect of
humanizing. Humanizing AI/AN peoples, and in particular AI/AN women, may have the
impact of de-objectifying women, giving them a voice within history and even within
todays society, and possibly eliciting outrage at the circumstances that have left them
prey to high rates of sexual assault. This humanizing may also elicit drives to revamp
legislation to empower tribal courts and federal courts to better protect AI/AN women.
Not only must AI/AN history be incorporated into the teaching of American
history, but historians also need to consult AI/AN peoples from various tribes for input
on retelling and publishing that history (Wilson, 1998). It would be deemed poor
scholastic research to ignore the transcripts or personal anecdotes of the people involved
in historical occurrences (e.g. excluding Chinese stories and transcripts from Chinese
history, excluding German literature and accounts of history from German history), but
for some reason, it has become acceptable in the field of AI/AN history to exclude the
oral stories passed down from generation to generation of AI/AN peoples. [W]hile
archival materials may offer a glimpse into the world-view of Native people, the degree
to which they can provide information on the American Indian half of the equation is
quite small relative to what can be gained through an understanding of oral tradition
(Wilson, 1998, p. 4). Academic works should at least be reviewed and approved by
AI/AN peopels in order to be deemed scholastically worthy of representing AI/AN
history.
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The reform of education to incorporate AT AN peoples, and in particular AI/AN
women, is important because according to Devon Mihesuah, most people do not connect
the past to the present, which is why we should be writing history in the first place
(1998, p. 1). The current rates of sexual assault against AT AN women is connected with
what happened to AT AN women in the past, so in order to address the current rates, we
must look to the historical roots of the problem. We must also acknowledge the
differences and intricacies that exist between AT AN women of different regions and
tribes. While AT AN women share the commonalities of gender and struggles against
colonialism, they differ in values, social systems, religion, experiences, and even their
definitions of AT AN identity, and all of these traits have evolved over time. AT AN
women have helped their respective tribes and families to survive economic, social,
political, and religious devastation, yet historical works have rarely addressed the
feelings and emotions of Indian women, the relationships among and between them, and
their observations of non-Indians (1998, p. 7). That last point is keyAT AN history is
filled with the observations Euro-American colonists made of AT AN peoples, and even a
few observations from AT AN men. AT AN women are rarely included in history, or even
AT AN history, and when they are, their experiences and knowledge, and ultimately their
voices are missing, leaving the history impersonal and incomplete.
This reincorporation of AT AN peoples into U.S. history would also challenge
the normali[z]ation of abuse, a key component to breaking the cycle of abuse (Cox,
2008, p. 2). Allowing education to challenge the preconceived attitudes toward AT AN
communities, and particularly AT AN women, challenges the stereotypes, racism, and
general notion that violence against AT AN women is allowable because historical
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circumstances made it allowable. Expanding history to retell more than the stories of the
winners makes history more accurate and useful. History would then become a lesson
on the devastation that racism, war, greed, and violence have on society and the moral
and ethical foundations of people.
Research Reform
Hand in hand with educational reform is a reform in research. In order to educate
on the issues affecting AEAN peoples, particularly women, research must be reformed to
enhance the knowledge base of the issues. David Wilkins argued that current data does
not provide a complete depiction of the unique and difficult position AEAN peoples face
and have faced throughout history. To Wilkins, this lack of understanding may result
from questions and research strategies currently used. No one conceptual apparatus will
provide the full reality of their history, as that history is too complex for single theories
(1993, p. 22). While one theory, or even a mixture of theories, cannot account for the
complexity and the history of violence AEAN women face, what can be done is to
provide more extensive data on the issue. This data, qualitative and quantitative, can be
collected through the creation of a more relevant set of research questions that could be
tailored for each tribal society (1993, p. 22). Some of these questions could include:
1. What conditions, politically, economically, socially, and culturally, must be
established in order for tribes to become sovereign, i.e. self-governing?
2. How do the current relationships between government agencies and tribes
affect the structure of tribal institutions?
3. How does the federal governments control over AEAN land and tribal
government affect AEAN sovereignty? (Wilkins, 1993)
Wilkins argued the research resulting from these questions would enhance a knowledge
base that serves several functions. First, while AEAN peoples currently represent less
than 1 percent of the population, knowledge about their history and current issues
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enhances the full depiction of American history. Second, the study of AI/AN peoples
experiences in a capitalistic economy, and the resulting poverty that has left them
vulnerable in many aspects, would depict oppression that contradicts labor market ideals
of equal rights for all; their stories would highlight what economic and social needs are
going unmet for many people. Finally, these studies would provide insight into what
conditions are needed (and what conditions harm efforts) to alleviate poverty, enhance
community growth, and develop as a society. These studies may also shed light on why
some reservations are more successfully autonomous than others that suffer from
exploitation (such as the current exploitation of AI/AN lands for energy resources),
dependency, and patriarchy (1993).
In addition to a reform in the research questions used, a reform in research needs
to include a larger mixture of AI/AN and non-AI/AN researchers. Some AI/AN victims
of sexual assault may find it difficult to retell their victimizations to white (or other races
of) researchers whom the victims may be leery to trust. On the other end, AI/AN victims
may be hesitant to tell their victimizations to AI/AN researchers whom the victims may
fear are too closely associated with the AI/AN communities (and details of the
victimizations therefore finding their way around the often small AI/AN communities).
This mixture of researchers should also involve a mixture of study types,
qualitatively and quantitatively. The NCVS, while collecting the largest data on AI/AN
victimizations of crime, also does not account for the causes of those crimes. In other
words, the NCVS does not account for the unique histories of AI/AN tribes, nor does it
account for AI/AN peoples who do not have access to phones and cannot participate in
the survey, or victims who may be leery of the researchers and may not answer the
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questions or not answer them truthfully. The quantitative data of the NCVS could
therefore be supplemented by qualitative data, such as focus groups that include the
telling of experiences. Qualitative data could also include European Americans attending
AEAN political rallies to
experience first-hand what it is like to be a statistical minority, what it is like to
not know the appropriate social behavior or catch all of the jokes, what it is like to
be regarded with uncertainty or suspicion about the reasons for your presence, and
what it is like to hear frequent references to the problems caused by your own
cultural group. [This observational data could] promote more culturally congruent
violence research. (Hamby, 2000, p. 19)
The qualitative data could, in turn, be supported through more quantitative data,
such as comprehensive data on the number of sexual assault cases referred for
prosecution, the number declined by prosecutors, and the reasons why those cases were
declined (Amnesty International, 2007). This data will inform activists, AEAN
communities, and the federal government on what programs need to exist and be
reformed to understand the continuum of violence and strategically address it (Amnesty
International, 2007). A national study on sexual violence in Indian Country was
mandated by Congress in 2004. However, the study remains unfinished because the
Justice Department argued the $2 million allocated for the study was insufficient
(Williams, 2012). To thoroughly examine the issues behind sexual assault of AEAN
women, agencies need adequate funding to conduct these studies.
Cultural Reform
Educational, legislative, judicial, and research reforms are also cultural reforms that
must happen in order to affect predominant U.S. culture and alleviate the severity of
violence against AEAN women. For instance, education and research reforms create a
more educated and culturally sensitive society. Although no European American can
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entirely escape his or her dominant ethnic position, it is perhaps possible to at least
increase ones awareness of what that means (Hamby, 2000, p. 19). Also, because issues
of race, class, gender, and colonialism cannot be separated, strategies to address violence
against women of color need to account for their particular histories and the dynamics
behind the violence (Smith, 2005). Education on the relationship between the dynamics,
and ['Interpreting the vulnerabilities of Native women within the context of their historic
and contemporary oppression while capitalizing on their strengths represents an
indigenist perspective that will assist public health researchers and practitioners in
promoting the individual health and well-being of [AEAN] women and, ultimately, the
health and well-being of indigenous communities and nations (Walters & Simoni, 2002,
1129).
In addition to education and research initiatives, programs that directly treat AEAN
victims of sexual assault are examples of cultural reform. Increased funding and access to
mental and physical health programs are a first, though not all encompassing, step to
treating victims. Another, and more important, step would be to make these programs
culturally relevant to AEAN survivors of assault. While there were over 500 federally
recognized tribes, only 26 native specific shelters existed in 2003 (Mending the Sacred
Hoop Technical Assistance Project, 2003). (Although many women are finding that
shelter options alone cannot provide stability and create opportunities when leaving
abusive situations. Many argue that longer-term housing and more affordable housing
needs to be established as well) [Futures without Violence, 2013], Without the
establishment of programs, and cultural reforms to these programs, these programs (and
health policy in general) would reinforce invisibility, powerlessness, and further
87


marginality of women, and would ultimately be ineffective in ending the cycle of abuse
and treating the adverse health outcomes that result from it (Koci & Strickland, 2009, p.
13).
Unfortunately, the mapping of the best approaches to healing AI/AN sexual
assault survivors is not a one size fits all process. Because AI/AN peoples are not a
homogenous group, the formation of specific guidelines to a culturally appropriate
treatment program becomes complicated. While it may be frustrating for treatment
providers to tailor programs to individual communities, the tailoring of programs, and
analyses of communities, is necessary (Hamby, 2000). Some AI/AN cultures offer more
power to women, while others have been under the influence of patriarchal ideology for
hundreds of years. Analyses of these communities should be accurate and culturally
congruent... or they will have little impact Overgeneralizations of AI/AN cultures
diminish the credibility of the programs and inhibit the ability of those programs to
provide the best treatment (Hamby, 2000, p. 17).
To tailor programs to the needs and cultures of the victims, guidelines and advice
given should be tested and guided by the survivor rather than the agency or
professional (Cox, 2008, p. 4). Some of the services AI/AN survivors commonly request
are informal meetings or home visits. These meetings and visits would not only take care
of the barriers survivors face, such as child care or transportation, but they would also
alleviate funding issues for providing child care and transportation to survivors to access
these services (Cox, 2008). Resources could also be collaborative between federal and
tribal programs. In addition to saving funds that may have been cut anyway, this
collaboration of resources may minimize re-traumatization on survivors who have to
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repeat their victimizations to several services, as well as offer holistic treatment for
sexual assault (Cox, 2008).
Holistic treatment is important in the reformation of cultural programs. Because
the formation and reformation of programs will always be a continual learning process
for everyone involved, AI/AN communities, the federal government, and other AI/AN
services need to be engaged in the process of updating and changing services (Cox, 2008,
p. 5). The family and community of survivors, and general society all have the ability to
band together and either enable or disable a survivors ability to heal from assault and
other traumas (Cox, 2008, p. 1). These programs will need to increase attention to how
value systems such as family and spiritualism, discrimination, and poverty impact the
experiences of the victim and her family (Willmon-Haque & BigFoot, 2008). Some
advocates of program reformation suggest training more AI/AN psychologists to counsel
using culturally sensitive mental health methods that avoid a subtle but profound
Western cultural proselytization in their therapeutic service to native clients and their
communities (Willmon-Haque & BigFoot, 2008, p. 10). For example, talking therapies
commonly used to aid white rape victims in narrating their experiences at first seemed
agreeable to AI/AN community programs, as turning experiences into stories was often a
common practice in AI/AN communities. However, some AI/AN victims found these
stories hard to tell to their treatment providers. Not only were the experiences hard
emotionally to tell, but sometimes the victims found their relating of the experiences not
communally acceptable. In addition to internal movements attempts to silence the
pain to protect the cause of ending discrimination against AI/AN peoples, some AI/AN
women found the relating of experiences called for a reevaluation of reservation and
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reserve beliefs about what was appropriate to say about your own family and
community (Million, 2008, p. 5). This is when the advantages to outside participation
could come into play. [F]or example, some tribal members perceive greater
confidentiality with outsiders. Such factors should be considered and be openly
acknowledged (Hamby, 2000, p. 18).
Outside assistance and education initiatives are certainly necessary to address the
problems contributing to the sexual assault rates from the outside in. However,
understanding and action must also come from the inside out. After all, outside
perpetrators are significant players on the rates, but they are not the only players. AI/AN
women on reservations reported intimate partner violence at rates exceeding any other
group of women. A 2004 Justice Department report estimates the report rates to be
almost 50% higher than then next most victimized group (Perry, 2004). Over one in five
(or 20.9%) of AI/AN women also reported they had experienced intimate partner rape at
least once in their lives (Malcoe & Duran, 2004). While these intimate partners could
include AI/AN and non-AI/AN men alike, part of the problem is clearly internal and so
the violence must be addressed internally as well as externally. While AI/AN men have
contributed to the violence, AI/AN men themselves have admitted their role in the fight
against violence toward AI/AN women has been lacking. Russell Means, for instance,
expressed regret that he didnt act on Janet McClouds suggestion that AI/AN men could
lead the fight to stop violence against AI/AN women (Langston, 2003, p. 124). More
must therefore be done in AI/AN communities to stop the violence internally and to
address the external violence.
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Despite the admittedly lackluster role AI/AN men have played in the fight against
violence towards AI/AN women, AI/AN women have long been at the forefront of
programs to bring awareness to and stop the violence against AI/AN women. AI/AN
women were and are responsible for maintaining culture and caring for future
generations, and they have carried this role over to their initiatives against violence. They
have created educational programs on domestic violence prevention, sexual health, and
suicide awareness. Many AI/AN women are also getting their post-secondary education
and in turn helping and teaching their families (Popick, 2006).
Many AI/AN communities are also creating local programs to promote well-being
congruent within their communities (Willmon-Haque & BigFoot, 2008). Localized
consortiums and tribal colleges are advocating healthier living and mobilizing against
violence within AI/AN communities by offering courses in mental health and creating
locally available services for victims of violence. Programs like Sacred Hoop Journeys
and Wellbriety Movements have offered addiction, sobriety, and violence prevention
services; and the Sacred Circle National Resource Center to End Violence Against
Women has committed to community mobilization and increasing [international]
awareness on the harm toward ALAN women and children. Many ALAN organizations
have realized that system changes to tribal structures, research, and the treatment of
communities requires more than what mental health providers can offer (Willmon-Haque
& BigFoot, 2008, p. 13). ALAN community involvement is essential to address not just
the addictions and violence coming from within and outside of the communities, but to
also treat historical trauma. By focusing on healing with the knowledge, we are not
alcoholics or drug addicts but we suffer from a soul wound that needs to be healed,
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AI/AN peoples can then begin healing. This healing would in turn correct the past and
heal [their] ancestors that have been caught in the suffering they were never able to heal
in their lifetimes (Olsen, 2010, 16). This would also prevent future generations of
AI/AN peoples from experiencing the violence and the often resulting addictions that
anesthetize the trauma (Olsen, 2010).
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HISTORY OF IN JUSTICE : THE FACTORS AFFECTING RATES OF SEXUAL ASSAULT AGAINST AMERICAN INDIAN AND ALASKA NATIVE WOMEN b y ELIZABETH JANE WATKINS B.A., University of Colorado Denver, 2007 A thesis submitted to the Faculty of the Graduate School of the University of Colorado Denver in partial fulfillment of the requirements for the degree of Master of Social Sciences Humanities and Social Sciences 2013

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ii Th is thesis for the Master of Social Sciences degree by Elizabeth Jane Watkins has been approved f o r t h e H u m a n i t i e s a n d S o c i a l S c i e n c e s p r o g r a m by Donna Martinez Chair Virginia Fink Glenn Morris Omar Swartz A p r i l 3 0 2 0 1 3

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iii Watkins Elizabeth Jane (M.S.S., H u m a n i t i e s a n d S o c i a l Sciences) History of Injustice: The Factors Affecting Rates of Sexual Assault against American Indian and Alaska Native Women Thesis dire cted by Professor Donna Martinez ABSTRACT This thesis explores the various factors that contribute to the high rates of sexual assault American Indian and Alaska Native women experience. Those factors include historical violence and racism; colonialism; and other geographic, economic, jurisdictional, legislat ive, and social issues. This thesis also explores what has been proposed and what has been done to address the violence and what could further be done to prevent the violence. Th e form and content of this abstract are approved I recommend its publicatio n. A p p r o v e d : Donna Martinez

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iv DEDICATION I dedicate this thesis to Edward Doyle. Your joy and patience continually give me strength and peace I also dedicate this thesis to Jacob Watkins, the sweet miracle of the Watkins family

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v TABLE OF CONTENTS CHAPTER I. INTRODUCTION ................................ ................................ ................................ ........ 1 II. LITERATURE REVIEW ................................ ................................ ............................. 7 Definitions ................................ ................................ ................................ ..................... 7 Data Studies ................................ ................................ ................................ .................. 8 History of Racism and Violence toward AI/AN Women ................................ ........... 15 Historical Trauma ................................ ................................ ................................ ....... 20 Current Crime Rates and Issues Affecting the Rates ................................ .................. 25 Geographic Issues ................................ ................................ ................................ ....... 26 Jurisdictional /Legislative Issues ................................ ................................ ................. 28 Economic Issues ................................ ................................ ................................ .......... 40 Social Issues ................................ ................................ ................................ ................ 43 III. ROLE OF THEORY ................................ ................................ ................................ ... 48 Colonialism ................................ ................................ ................................ ................. 48 Economic Theories ................................ ................................ ................................ ..... 50 Social Theories ................................ ................................ ................................ ............ 54 IV. DISCUSSION ................................ ................................ ................................ ............. 59 What Has Been Proposed to Address the Problem ................................ ..................... 59 Investigation ................................ ................................ ................................ ................ 59 Treatment ................................ ................................ ................................ .................... 61 Legislation ................................ ................................ ................................ ................... 61 Cultural Reform ................................ ................................ ................................ .......... 63

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vi What Has Been Done to Address the Problem ................................ ........................... 65 Legislation ................................ ................................ ................................ ................... 65 Investigation ................................ ................................ ................................ ................ 67 Other Initiatives ................................ ................................ ................................ .......... 68 V. CONCLUSION ................................ ................................ ................................ ........... 71 What Could Be Done to Address the Problem ................................ ........................... 71 Legislative Reform ................................ ................................ ................................ ...... 74 Judicial Reform ................................ ................................ ................................ ........... 78 Educational Reform ................................ ................................ ................................ .... 81 Research Reform ................................ ................................ ................................ ......... 84 Cultural Reform ................................ ................................ ................................ .......... 86 BIBLIOGRAPHY ................................ ................................ ................................ ....... 93 APPENDIX ................................ ................................ ................................ ............... 105

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1 CHAPTER I INTRODUCTION network of mutuality, tied in a single garment of destiny. Whatever affects one di rectly, affects Anyone who lives inside the United States can never be Dr. Martin Luther King, Jr (1963 ) While the rates of sexual assault experienced by women of every race are disturbingly high, reports released the Bureau of Justice Statistics Amnesty International and other research initiatives suggest the rates of sexual assault toward American Indian and Alaska Native ( AI/AN ) women are among the highest A ccording to Lawrence Greenfield and Steven Smith from the U.S. Bureau of Justice Statistics, AI/AN women are twice as likely to be victimized by violent crimes than any other race, male or female, and they are more likely than any other group of women to be the victims of sexual assault. In fact, the average annual rate of rape and sexual assault among AI/AN communities is 3.5 times higher than for all other races ( Greenfield & Smith, 1999). In total, over 34 percent of AI/AN women ( more than one in three ) will report being raped in their lif etime, compared with less than one in five women overall in the United States (Tjaden & Thoennes, 2000). Further, 60 percent of perpetrators who commit violence against AI/AN women are white (Greenfield & Smith, 1999). When reading studies on the high rate s of sexual violence AI/AN women experience, one obvious question comes to mind Why? Why do AI/AN women experience such high rates of sexual violence? Not only do AI/AN women experience high rates of assault, but the perpetrators of the assault are also di sproportionately white or of another race. This disproportionateness suggests there are factors of the violence distinctive to AI/AN women that are affecting the rates of sexual assault.

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2 To understand the contributing factors that may have led to these rat es, my initial intent of this thesis was to conduct a secondary data analysis (Schutt, 2004) of quantitative data provided by the National Crime Victimization Survey (NCVS). The NCVS is a survey that has collected data since 1973 and includes the largest n ationally representative random sample of American households (random based on residential addresses). Administered by the U.S. Census Bureau on behalf of the Bureau of Justice Statistics in the Department of Justice, the survey is the primary source of n ational Justice Data, 2011, 1 ). The survey consist s of in person and telephone interviews of between 49,000 and 100,000 persons twice a year T he questions ask interview subjects ages 12 years and older about their victimization experiences with personal and property crimes. I chose the NCVS because it is the only survey to monitor rape and sexual as sault in the United States on a bi annual basis. T he sample used for the survey is also large and the data collection methods sufficient to ensure the results are possibly the most reliable of any data available To conduct a secondary NCVS data analysis, I initially planned to analyze several variables involved in the sexual assaults of AI/AN women, including: r ates of sexual assault AI/AN women reported to the survey r ates of sexual assault AI/AN women reported to the police i ncome s of AI/AN women v s of residence (rural, urban, or rural/ urban reservation) p s /ethnicit ies I planned to frame the comparison of these variables using the Inequality Crime T heory and theories on globa lization. My initial conjecture was that a history of social and

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3 economic disempowerment may have led to poverty that in turn left AI/AN wome n more vulnerable to sexual assault victimization Upon delving into the NCVS data, however, I noticed a few issues of size and design, nationally representative surveys such as the NCVS do not provide estimates of crime and victimization for individual American Indian tribes or Alaska p. 41 ). Because the survey lumps AI/AN tribes together, the individual identities and unique problems of AI/AN tribes are not represented within the data. Also, and most notably, while the data may contain a large amount of national information on AI/AN women, it is not all encompassing When I planned to use the NCVS data to analyze the rates of sexual assault against AI/AN women, my assumption was the rates could be analyzed for AI/AN women in the same manner as any other group of women. After comparin g the variables of the data, however, I noticed there was very little data on AI/AN women to study. For example, of 10 years of NCVS data (1992 2001) and 1.8 million interviews studied by Steven Perry (1992 2001), AI/AN peoples comprised just over 13,000 i nterviews (2004). This means AI/AN peoples comprised 0.72 percent of the survey respondents This figure is understandable, as AI/AN people made up 0.9 percent of the total population in 2000. However, the numbers, and therefore the rates, of rape and sex ual assault reported to the survey were small, or about 5 reports per 1000 people. While this rate is 2.5 times larger than the rates reported by white or black women (2 per 1000) or Asian women (1 per 1000), if there were just over 13,000 AI/AN people int erviewed in the survey, then only a maximum of 65 reports of sexual assault and rape for AI/AN women could be studied from 10 years of data (Perry, 2004).

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4 The small number of rates suggest that sexual assault and rape happen relatively infrequently for AI /AN women. However, other quantitative and qualitative reports suggest otherwise. Not only are AI/AN women at a disadvantage in studies such as the NCVS, particularly with the lack of phone and internet service on some reservations; but AI/AN women also often have a distrust with law enforcement and others seeking information about crimes within AI/AN communities, this distrust a result of history Even if the data from the NCVS and other surveys represented the actual r ates of sexual assault and rape, the quantitative data is not sufficient to understand the problem s behind the rates. Data provides numbers, not explanations of the numbers. While the rates show that AI/AN women are more than twice as likely to be victims of sexual assault, faceted issues AI/AN face within their resp ective communities. Therefore, my experiences of comparing variables of sexual assault toward AI/AN women led to a new set of research questions: What are the factors that are contributing to these disproportionately high rates? Are AI/AN women more susceptible to violence, and/or specifically targeted currently because of how they were targeted historically ? AI/AN women have been victimized by explicit and violent acts of racism throughout history, particularly from colonialism Has historical racism toward AI/AN communities continued into current treatment of AI/AN women? If the acts of violence AI/AN women experie nce are the result of historical and current social circumstances, what should be done to stop and prevent the violence?

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5 After exploring why the rates of sexual assault toward AI/AN women are so high, several factors from previous research came to light that could be addressed in possible solutions to stop and prevent this violence : h istorical racism and violence as a result of colonialism h istorical trauma l egislative barriers and j urisdictional confusion that have complicated the investigation and prose cution of AI/AN sexual assault cases e conomic barriers that resulted in poverty and a lack of access to resources g eographic barriers that further prevent access to resources s ocial barri ers, largely resulting from colonialism, that have led to a vicious c ycle of marginalization, internal problems for AI/AN communities, and hesitation to seek or receive justice for crime victimization s s olutions that address only parts of a multifaceted problem Research into such an issue is important because, as Hilary Weaver suggests, violence against any aspect of humanity affects us all ( or as the Lakota phrase states Mitakuye Oyasin society suggests there is a grave problem of violence wit hin all society, and t he acceptance of this violence would reflect larger psychological and social problem s of society By being aware of the circumstances behind the trends of violence against AI/AN women, societal reform can occur to reduce and eventuall y prevent such incidents of violence against AI/AN women as well as other groups of men, women, and children (Weaver, 2009). In Chapter 2 of this thesis, I will discuss previous research on sexual violence toward AI/AN women. This research includes quantitative and qualitative studies ; analysis of the history of violence ; how historical trauma results from and may ultimately contribute to the violence; and the current issues affecting the rates, including geographic iss ues, economic issues, legislative and jurisdictional issues, and social issues.

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6 In Chapter 3, I discuss several theories that may shed more light on the issues behind the rates of sexual assault toward AI/AN women. These theories include colonialism, econ omic theories, and social theories. In Chapter 4, I discuss actions that have been proposed to address the rates of sexual assault. These actions include changes to the investigation of the assaults, the treatment provided to AI/AN women following the ass ault, legislation that inhibits the prevention and investigation of reported assaults, and cultural reforms that could address the underlining issues contributing to the rates. I also discuss what has actually been done to address sexual assault toward AI/ AN women, including legislation that was proposed and/or passed like increased funding for law enforcement improved investigative m easures, and other initiatives focused on the underlining issues of the violence. In Chapter 5, I conclude with what could further be done to prevent and reduce the rates of sexual assault toward AI/AN women. This section includes suggestions from other researchers about what could be done legislatively, judicially, educationally, culturally, and with research to expand on ini tiatives against violence, a s well as my t houghts on ways to address the roots of the violence

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7 CHAPTER II LITERATURE REVIEW Definitions Before the rates of sexual violence against AI/AN women can be discussed sexual assault needs to be defined. The National Online Resource Center on Violence Against Women (VAWnet) defines sexual assault activities include incest, various forms of rape (including partner or statutory rape), child sexual assault, sexual harassment, human trafficking, unwanted sexual contact, and voyeurism ( 2011, 1 ). This definition aligns with the definition of sexual assault from includes child molestation, inc est, attempted and completed forced sexual intercourse, and unw anted fondling ( Areas of Focus: Sexual Assault 2013 ). For the sake of narrowing the focus, I will address forced or attempted rape of AI/AN women. In addition to sexual assault, American India n and Alaska Native needs to be defined. While the definitions of American Indian and Alaska Native vary within different departments and programs, this thesis will use the definition provided by the Department of Interior, which correlates with the ethnic and race categories on the United States Census and the categories used in national surveys. According to the Department of the Int erior means any Indian or Alaska Native aggregation within the continental Unite d States that the Secretary of the Interior A member of an Indian group must meet the tribal criteria and consent to be listed as part of that group. In contrast, an Indian tribe

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8 means any Indian or Alaska Native tribe, band, pueblo, village, or community within the continental United States that the Secretary of the Interior presently acknowledges to Members must meet the membership requirement through government document ation and / or recognition as a membe r by the tribal governing body (2011). The 2010 Census reported that 5.2 million people in the United States identified as American Indian and Alaska Native, 2.9 million people identifying themselves as American Indian and Alaska Native alone, and 2.3 million identifying themselves as American Indian and Alaska Native in combination with other races (Norris et. al, 2012). In total, AI/AN peoples constitute approximately 1% of the total population (Walters & Simoni, 2002, 8 ). The reports there are 566 federally recognized tribes in the United States (Department of the Interior, 2012). Data Studies I don't think we really knew and we're a human rights organization. I think it speaks volumes about the general lack of awareness among non natives when it comes to the Larry Cox, executive director of Amnesty International USA ( Cited in Lee, 2007, 18 ) S everal surveys and studies were and continue to be conducted to analyze the severity of sexual ass ault rates for AI/AN women. In December 2004, Steven Perry published an analysis of the NCVS Justice Statistics. Perry analyzed data from the NCVS surveys taken from 1992 2002. Based on his findings from t he survey results, AI/AN peoples experienced rate s of violence twice that of the U.S. population ( 2004 ). AI/AN women were more likely victims of rape/sexual assault by a stranger or acquaintance rather than an int imate

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9 partner or family member; 60% of AI/AN victims of violence described their offenders as white; and in nearly one third of the violent crime incidents against AI/AN peoples a weapon was used by the offender a rate higher tha n the rates among all races (2004 ). Perry also found that between 1992 2001, AI/AN peoples age 12 or older experienced an estimated 100,500 simple and aggravated assaults, 9,600 robberies, and 5,900 rapes or sexual assaults annually AI/AN women were also twice as likely to experience a rape/sexual assault (5 per 1,000 persons age 12 or older) comp ared to all races (2 per 1,000) ( 2004 ). In fact, Perry noticed that AI/AN women experienced a rate of violent crime victimization (86 per 1,000) that was 2 time s the rate for all women. While AI/AN women reported that 25% of offenders were intimate partners or family members and 34% were acquaintances, 78% reported that their offenders were white, 9% were black, and only 14% were of another race (2004) et. al also published their analysis of data from the NCVS though the data from their results came from surveys taken between 1992 and 2005. In their analysis, Bachman and her colleagues explore d how the characteristics of rape and sexual assault experienced by AI/AN women compared to the experiences of African American and w hite women. From their analysis of the data, Bachman and her colleagues found that AI/AN women were more likely to face ar med offenders, more likely to require medical attention for injuries resulting from the attack, and while they were more likely to report their victimizations to the police, the assaults of AI/AN women were much less likely to result in an arrest (2010). B achman and her colleagues also found that sexual assaults

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10 against AI/AN women were more likely to be interracial, with the offenders more likely to be under the influence of drugs or alcohol, in comparison to the attacks African American and w hite women ex perienced This study and others have reinforced the devastating impact that drugs and alcohol can have on the rates of sexual assault, particularly against AI/AN women In fact, drugs and alcohol have been prevalent problems within the AI/AN communities and surrounding areas possibly contributing to the rates of assault (2010). ( According to Futures without Violence, 68% of AI/AN victims of sexual assault believed their attackers had drank or took drugs prior to the attacks ) (2013). The publi cation of t hese results from NCVS came two years after Bachman and her colleagues discussed the results of the National Violence Against Women Survey (NVAWS). From 1995 through 1996, the NVAWS relied on a nationally representative sample of 8,000 women through phone surveys to obtain information about all forms of rape including vaginal, anal, and oral penetration. According to the NVAWS, 34% of AI/AN women had experienced a completed or attempted rape in their lifetime, compared to 18% of white, 19% of African Ameri can, and 7% of Asian and Pacific Islander women. The NVAWS also found that AI/AN women were significantly more likely than white women, African American women or mixed race women to report they were raped (Bachman et. al, 20 08 ) In February 2010, the Urban Indian Health Institute analyzed the data collected during cycle 6 (2002) of the National Survey of F amily Growth (NSFG) for AI/AN women. In their report, the In stitute used non Hispanic white urban women (NH whites) as a comparison group. Of the 7,6 43 females interviewed in the sample 357 (5%) were

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11 AI/AN and 4,039 (53%) were NH whites. Of these, 299 AI/AN and 3,173 NH whites were defined as urban. T he results of the survey found that urban AI/AN women experienced non voluntary first sexual intercour se at a rate more than twice that of NH whites (17% vs. 8%). 1 Overall, percentages of having ever experienced forced sexual intercourse were higher among urban AI/AN than NH whites, but were not significantly different (21% vs. 18%) (2010). The sample size of the NSFG study relates to the sample size of a study published in the American Journal of Public Health In the latter study, Teresa Evans Campbell et. al. targeted a specific group of AI/A N women. From 2000 to 2003, Evans Campbell and h er colleagues used a survey to interview 112 adult AI/AN women and 85 men in New York City about their experiences with interpersonal violence, mental health, HIV risk behaviors, and help le vels ranged from 6 to 17 years of formal schooling. Household income s fell between $30,000 and $39,999, compared with $43,393 as the median income for residents of New York City overall. Over half (63.6%) of participants were born in an urban area, while 3 6.4% were born in a rural area or on a reservation. Results of the quantitative survey found that over 65% of AI/AN women had experienced some form of interpersonal violence, of which 48% reported rape, 41.7% reported they had been touched against their wi ll sometime in their lives, and 40% reported multiple victimization experiences. Evans Campbell and her colleagues concluded that AI/AN women experienced high rates of interpersonal violence and trauma that further related to other health problems (2006) While the above studies examined the quantitative rates of sexual violence experienced by AI/AN women, t wo years after Evans Campbell and her colleagues 1 Unlike the NVAWS, questions of the NFGS related to only vaginal intercourse.

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12 conducted their study Sarah Deer a law professor at William Mitchell College of Law in Minnesota and an expert on violent crime on reservations, and her colleagues from the Violence Against Women (OVW) conducted a qualitative study to analyze the effectiveness of criminal j urisdiction policies for the report, prosecution, and reduction of assault incidents Sarah Deer et. al convened a focus group of stakeholders from Public Law 280 (P.L. 280) jurisdictions to discuss how the passage of the law in 1953 has affected AI/AN com munities. 2 Thirty four invitees selected by OWV attended, including 29 participants and 5 observers. Based on the notes of the facilitators, the themes of assault; not enough use of S exual Assault Nurse s and sexual assault protocols; lack of understating at the state level of tribal culture and Public Law 280; and problems with 2007, p. 9 ). General forms cultural traditions to encourage healing increased training for both co and ed ucation for attorneys on [P.L. 280] 2007, p. 9 ). One area not addressed in the above studies is the process of investigating rapes and sexual assaults once they have been reported. In May 2010, the National Council of Juvenile and Family Court Judges Training Center (NCJFCJ) held a roundtable to hear from local, state, and national experts (victim advocates, law enforcement officers, crime 2 P.L. 280 gave six states civil adjudicatory and criminal jurisdiction in AI/AN territories: Alaska, California, Minnesota (excluding the Red Lake Reservation), Nebraska, Oregon (excluding the Warm tribal consent required for t his jurisdictional change.

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13 laboratory experts, and prosecutors) Discussed at the roundtable were the untested rape kits backlog and broader issues of investigating and prosecuting sexual assault cases. At the roundtable, Michael Sheppo, Director of the Office of Investigative and Forensic Sciences at the National Institute of Justice (NIJ) said that 18 percent of unsolved s exual assault cases with forensic evidence were not submitted to a crime laboratory for analysis. The most noteworthy part of the roundtable was the presentation by RTI International In 2007, RTI International received funds from NIJ to conduc t a survey to estimate the number of unsolved violent crime cases (homicide and rape) and property cases that contained forensic evidence, but were not submitted to a crime laboratory for ( 2010, p 48). According to the NCJFCJ report, law enforcement agenc ies faced substantial forensic case backlogs for homic ide, rape, and property cases. T he estimated unsolved cases with unanalyzed forensic evidence were 1 in 7 homicides cases, 1 in 5 rape cases, and 1 in 4 property crimes (2010). The results of the RTI s urvey present an interesting factor of reporting and prosecuting sexual assaults of AI/AN women the untested rape kits that are backlogged. With P.L. 280 confusing jurisdictions over sexual assault cases, AI/AN sexual assault cases going unreported, and ba cklogs in rape kits for cases actually reported, the actual number of AI/AN women victimized by sexual violence may remain high while reports and prosecutions of such victimizations remain low These factors discourage AI/AN from reporting their victimizat ions to the police, which in turn discourages justice from taking pl ace through the prosecution of reported cases. To look further into the reports and pros ecution of sexual assault cases, another study with a regional focus (California) was conducted by the Native American

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14 Communities Justice Project (NACJP) 3 Throughout the first half of 2009 (late February mid May 2009), NACJP brought together a substantial cross section of the California AI/AN community with members of the California court system to discuss family violence issues: domestic violence, sexual assault, stalking, and teen dating violence. Seventeen community meetings were held across California with over 500 AI/AN peoples from feder ally and non federally recognized tribes in attendance. Of the over 500 participants in attendance, 408 completed a questionnaire. Most respondents answered that sexual assault was the second most prevalent family violence problem, after domestic violence. Of the respondents who answered this question, 59% believed it was equally likely for perpetrators of violent family crimes to be tribal members, members of different tribes, or non Indians. While 90.5% of respondents said women are typically the victims of these incidents of violence, young girls were believed to be the victims most often. Of the respondents who answered this question, 73% of respondents said these incidents of violence do not get reported to law enforcement. Nearly 73% also believed some incidents of violence are investigated less than others. In regards to seeking justice for these acts of violence, 44% of respondents said that state courts are used for in cidents of sexual violence, while 4 0% of respondents said they had a tribal court ( 2010) While the sample of the NACJP seemed somewhat substantial, the sample size of the NCVS data studied by Jennifer Truman and Michael Rand far outsized the NACJP sample size as the NCVS had a national focus In 2009, NCVS interviewed 38,728 household s and 68,665 individuals twice about their experiences with victimization to crimes. The quantitative survey showed that about half (49%) of all violent crimes (rape 3 Courts.

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15 or sexual assault, robbery, and aggravated assault or simple assault), were reported to th e police in 2009. What was most surprising about the survey results was that unlike the results of the NACJP study (where 73% of participants believed incidents of sexual assault typically do not get reported to the police), 56.4% of female AI/AN, Asians, Native Hawaiians, and other Pacific Islanders in the study reported their victimizations of violent crimes to the police. However and in alliance with the NACJP findings, of all the violent crimes report ed by participants in the survey, rape and other fo rms of sexual assault were by far the least reported to the police (2010). The findings of all the above studies indicated that even as recent ly as 20 10 AI/AN women experienced sexual assaults at disproportionally high rates, AI/AN communities have had difficulty working with law enforcement and government entities to address these rates of violence, and that further research and analysis needs to be don e to determine the actual rates of sexual violence toward AI/AN women. Many of these surveys used large samples and reliable research techniques, such as focus groups and interviews, to pinpoint and discuss the problem. o underesti mating the scale of sexual violence against Indigenous women, the limited data available does n [ AI/AN ] activists point to the importance of understanding the continuum of violence committed against Indigenous women in order to develop a strategic response p. 16 ) History of Racism and Violence t oward AI/AN Women from the sky. They are a process of Jacqueline Agtuca, Alaska Native ay 2005 (Amnesty International 2007 p. 27 )

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16 Speaking on the rising rates of attempted suicide among AI/AN women as a result of violence, Nichole Witt, grant manager of the White Buffalo Calf Shelter in South Dakota, a shelter that houses up to 45 women and children of abuse, said there was a time when such a shelter was unnecessary Before the European colonization of the America s onsequences were quick and swift. People knew when they violated a woman, their life was at risk Walker, 2007, 11 ). In fact, p rior to colonization, many AI/AN societies were matrilineal, where the line of descent or clan membership passed t hrough the mother (Ham by, 2000). The women select ed men for leadership positions, and adopted captives from warfare (Mankiller et. al, 1998 ). Women were also empowered within their relationships with men. For example, within the Iroquois tribe of New York, women could divorce and deci de how many children they had (Popick, 2006). M any AI/AN societies were organized through kinship systems, where gender roles complimented each other. The roles of men and women were separate, yet balanced. Women nurtured life by farming, gatherin while men took life through warfare and hunting. Resources and land were communal, and redistribution and generosity was valued among and between kin groups. Status rather than keeping resources for oneself (Stremlau, 2005). When Europeans arrived in North and South America, however, AI/AN societies experienced new and predominan tly male influences (Mankiller et al. 1998 ). Devon Mihesuah argued that historical texts do not completely and accurately portray AI/AN and how those standings shifted with colonialism :

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17 In many cases Indian women did indeed have religious, political, and economic power not more power than the men, but at least equal to what the men had. than the other. If we look at tribal societies at contact and trace the changes to their social, economic, and political systems over time thro ugh interaction with Euro Americans and inter tribal relations, we find that women did have power taken from them, and India n males did as well ( 1998, p 6 ) In order to colonize a non hierarchical society, colonizers had to first naturalize hierarchy in that society through patriarchy before naturalizing the domination of the colonized bodies (Stoler, 2002). m of colonization (Mankiller et. al, 1998 ). In fact, AI/AN societies were disrupted through the programmatic destabilizing of gender roles. Many AI/AN men assumed power over AI/AN women, transforming gender relations from one of shared power to one of domi nation Leadership began to revolve around treaty negotiations, of which women were excluded by Europeans (Weaver, 2009). Through the thorough integration of patriarchy into many AI/AN Million, 2008, p. 5 ). into the new American society, legislators and leaders of the assimilation movements ers, private property was sure to lead to personal growth, attachment to American society, and the gr eatest gift of all civilization defined by white standards (Stremlau, 2005) With these motives in mind, the Dawes Act, or the General Allotment Act, was passed on February 8, 1887. The Act was essentially a land redistribution act from AI/AN

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18 peoples to white corporations and land owners [federal government] determined the suitability of the recipients and issued the grants, usual ly by ( Encyclopedia Britannica 2013). Unfortunately, t his system of allotment became disastrous for many AI/AN groups. The documents were not drafted in AI/AN languages, and AI/AN peoples were confused about the Euro American ways of dealing with property and money. It therefore became ea sier to cheat individual AI/AN property owners than it would be to cheat entire tribes governed by councilors (Allen & Smith, 1996 ). Policies in support of westward expansion and Manifest Destiny were interpreted into federal polices to disenfranchise AI/AN peoples (Weaver, 2009). Europeans did not stop with the conquerin g of AI/AN lands In order to maintain control over AI/A N lands, Europeans had to maintain control of AI/AN peoples. In her historical analysis on the relationship between colonialism and sex Ann Laura Stoler argued that t he management of sexual arrangements was crucial to the establishment of colonial categories (race and class) and the distinctio ns between the ruled and the ruler. R acism and classism were central principle s of European colonies, crucial to the class based system that differentiated natives from Europeans and kept subversive white colonials in line. In other words, racism and class distinction were crucial to the success of colonialism. C olonialism was not merely an economic venture It was also a cu ltural venture European supremacy in regards to m anhood and racial virility was both an expression and a defining feature of imperial domination (2002). One method of inscribing European supremacy o ver both men and women, was sexual assault W hen the Spaniards settled on the North America continent in 1519, they

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19 and asked for permission to punish them for sins such as sodomy (an accusation guaranteed to politicall y charge col onizers ) (Trexler, 1995, p. 1 ) To the colonial imagination, AI/AN peoples had bodies polluted with sin and marked by sexual perversity. Because AI/AN rapable, by the colonists and such violations did not count (Smith, 2005, p. 10 ) By establishing that AI/AN bodies were violable, colonists could extend this ideology to suggest AI/AN lands were violable (Smith, 2005, p. 12 ). The evil of the AI/AN bodies after a ll, had to be conquered if the land were to be conquered. Accounts of the natives sexual practices, as reported by the Spaniards, soon began appearing in print. However, these accounts were skewed for the interests of the Spaniards Trexler, 1995, p. 3 ). These generalizations, however, were effective in portraying passive and submissive ( Trexler, 1995, p 3 4 ). What Europeans viewed as a crime against nature therefore transferred symbolically as a justification for the act of conquering, where natives became the effeminate losers in battle The conquered, or subordinated men were equated with women, who were historically subordinated in European societ y. Through the conquering and punishing act of sex, women became source s of property ; and men who were deemed threat s to power and property were effeminized ( Trexler, 1995, p. 7 ) The true men were the actives, the ones who were Trexler, 1995, p. 10 ). Rape and sexual assault a cKinnon, 1993, p. 89).

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20 Figure 1: The Economist table of rapes reported during conflicts (2011) Not only was rape and sexual assault used as a tool of domination in conflicts and The Economist 2011). As the below table from The Economist demonstrates, rape and sexual assault accompany war and genocide. Only in recent years has there been a public discourse and recognition that in world conflicts, rape has and continues to be a weapon of war used to control, punish, and humiliate commun ities under attack (Amnesty International, 2007 ). Historical Trauma The legacy of ] massive injustices inevitably breeds consequences. When any minority group experiences injustice at the hands of dominant society, anger, frustration, and agony are injustice on a massive scale has induced a chronic se nse of oppression among Indians Menno Boldt ( Perry, 2009a, p. 10 ) The long history of sexual assault has left lasting traumatic effects on AI/AN communities. Peter Le vine suggested trauma is outside the r ange of

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21 usual human experience. e list of traumatic events, Le sexual assault (1997 p 24 ). Throughout history, AI/AN women have experienced both the destruction of their communities and sexual assault, leaving them incredibly vulnerable to trauma. In fact, theorists argue that because AI/AN women have suffered traumatic experiences throughout history, they are susceptib le to experiencing historical trauma. According to Sadie Willmon Haque and [h] istorical trauma involves exposure of an earlier generation to a traumatic event that continues t o affect ( 2008, p 6 ). This traum a, Yellow Horse B rave Heart said, is a cumulative emotional and psychological wounding, over the lifespan and across generations, emanating from m assive group trauma experiences Cited in Denham, 2008, p 7 ). Historical trauma is a recently emerging fie has become increasingly important in considerations of wellness among historically oppressed communities (Evans Campbell, 2008, p. 6) Research on historical trauma has been conducted with a variety of populations, including Jewish Holocaust survivors and their descendents Japanese Americans after placement in internment camps ( Evans Campbell, 2008 ) descendents of slavery, and communities ravaged by war (Denham, 2008) The effects of historical trauma on the AI/AN family (clans, ba nds, societies) include colonization by a dominant force that was patriarchal and patrilineal (Willmon Haque & BigFoot 2008, p. 6 ). When survivors are no t allowed to mourn trauma to completion, subsequent generations can absorb the resulting depression ( Cox, 2008). F rom the 1490s to current times t he European genocidal campaigns and socioeconomic and political policies against the AI/AN population s have left continuous, indelible marks

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22 on the AI/AN community that has prevented the community from mourning and wholly healing from the trauma Genocidal campaigns are not the only devastation Europeans inflicted upon AI/AN communities. Prior to Europeans invading the populat ion lived in dire poverty where malnutrition and disease ran rampant. They ( Olsen, 2010, 6 ). As the Europeans came over to the Americas, the AI/AN populations were introdu ced to these dire conditions. Disease wiped out nearly 90 percent of the AI/AN population, and a 500 year period of colonization imposed sexism, racism, oppression, poverty, and violence upon the communiti es (Olsen, 2010). M any of the remaining tribes were forced to relocate to land thought to be uninhabitable, and educational policies of these policies professed altruistic motives, they had in common the eradi cation of Native cultures and their replacement with the economy, religion, and values of the North American set & Whitbeck, 2012, p 3 ). On many reservations, schools were nonexistent, so parents were forced to send their children to boarding schools ( Yurth, 2006, 30 ). The boarding schools were run either by Christian missionaries or the Bureau of Indian Affairs and to girls than bo (Hamby, 2000 p. 10 ). Names were changed, and t he use of native languages and the practice of spiritual teachings and ceremonies were forbidden (Walls & Whitbeck, 2012).

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23 These events have amounted to a cultural and ethnic genocide among AI/AN communities (Evans Campbell, 2008). While AI/AN communities have shown tremendou s resilience in the face of history, that history, compounded with current traumatic events, have taken a toll on the health of the community, menta lly, physically, and socially. During the 500 year period of colonial occupation, AI/AN communities have had no time to heal from the trauma (Olsen, 2010). As a result, the pain and turmoil over the events has become internalized. AI/AN peoples, particular ly elders, have reported a range of emotional responses, including sadness, depression, anger, anxiety, discomfort around White people, fear of White people, shame, loss of concentration, feelings of isolation, rage, feeling that more traumas will happen, and avoidance of places or people that are Campbell, 2008, p. 10 ). This trauma is then carried through the generations. Children either experience the trauma directly through the stories they hear from their elders, or they experience it indirectly through their social and economic standings within internal and external society (Evans Campbell, 2008). The cycle of trauma and abuse have left AI/AN women with distrust and hostility as a result of, and further exacerbating, the marginalization and disempowerment they experience within broader s ociety. violence directed agai nst AI/AN women, cannot be emphasized enough ( Koci & Strickland, 2009, p. 2 ). Marginalization not only minimizes making, but the isolation also limits the person p hysically and psychologically. The isolation and margin alization creates a sense of &

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24 Strickland, 2009). Women in general are at risk for marginality, people of low socioeconomic statuses are at risk, and people of racial/e thnic minority status are at risk of marginalization and accompanying feelings of powerlessness Having all of these traits AI/AN women are especially at risk of marginalization, and therefore more vulnerable to violence and trauma (Koci & Strickland, 2009). AI/AN women are then prone to experience effects that most women suffer following sexual assault victimization, such a s post traumatic stress disorder ( PTSD ) depression, abuse of drugs and alcohol, and contemplation of suicide ( www.rainn.org 2013). Paula Gunn Allen for example, described her experiences with historical trauma Reflecting on a world where AI/AN people and their cultures slowly disappear through historical violence and forceful disemp owerment, and are replaced with artifacts and records of AI/AN heritages, Gunn Allen struggled with the message she thought society had painted ing a shrink. ly ill (Gunn Allen, p. 37 ) The stress of survival for an entire cultural group, combined with the crises that have severely damaged the ability of that group to survive, can take a significant toll on the culture of the group, as it has with AI/AN communities (Cox, 2008). The experiences of AI/AN women (and men) compounded with a history of dis em l grief and authorities can address (Perry, 2009 a p. 10 ). Until factors such as racism and poverty that marginalize AI/AN peoples are eradicated t rauma from historical injustice will continue

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25 to exist and even grow from generation to generation. Teen suicide rates will remain high among young AI/AN people (the rates are 5 times higher than the national average for AI/AN teen men, and 3 times the nat ional average for AI/AN teen women), and they will continue to be raised within a dire social context where they believe they have more reasons to die than they do to live (Popick, 2006). Current Crime Rates and Issues Affecting the Rates inability to see the reality of a situation. This denial need not be conscious, intentional, or Karen Warren (19 93) The dysfunctional systems left by colonialism and resulting in a long history of violence and trauma have created conditions where AI/AN women continue to experience high rates of violence While much of the violence against AI/AN women rests in histo ry, the remnants of this history and its violence still affect the rates of sexual assault. The current rates and lack of recourse for sexual assaults against AI/AN women was highlighted during a 2007 congressional hearing. In October 2007, the U.S. Senate Indian Affairs committee held a hearing to discuss the rates of sexual assault toward AI/AN women on reservations. During the h earing, Alexandra Arriaga, director of government relations for Amnesty International USA, told the congressional committee that not only will one in three AI/AN women be raped in their lifetimes, but 86 percent of the perpetrators would be non Indian men ( Cited in Associated Press, 2007). Even though these crimes often happened in Indian Country, tribal courts d id not have jurisdiction to prosecute non Indians, so if federal and state courts decided not to prosecute, the victims of these crimes had no recourse. Senator Byron Dorgan also mentioned that in his state of North Dakota, there were four police

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26 officers pa trolling 2.3 million acres of a Sioux reservation (Associated Press, 2007). This hearing addressed some of the many and multifaceted problems related to sexual assault toward AI/AN women and why the rates reported through testimonies and various research f indings are so high J urisdictional confusions, particularly if the victims and perpetrators are of different races; the lack of resources for patrolling areas and responding to reports; the lack of prosecution for crimes that do get reported ; and other ec onomic, social, and geographic issues have all compounded to make of the problem of sexual assault toward AI/AN women as severe as it is Geographic Issues Because tribes were forced off of desirable lands, many reservations have become located in remote areas where public transportation is usually not available. These remote areas also have fewer available programs because attracting fund s and qualified staff to remote areas to run the programs has proven difficult (Hamby, 2004). In Alaska, for example, there is little and even no law enforcement in several villages because of the snowmobile (Lee, 2007). Also, c onfusion about whether state, federal, or tribal polic e should respond to a report based on the place of the incident and the races of the perpetrator and victim means the victims may not see a police officer or nurse for hours or days, should a response happen at all (Talhelm, 2007) Just as it is difficult for law enf orcement to reach these areas, should they attempt to respond, it is also difficult for victims to leave these areas to seek refuge in safe houses and treatment centers (Lee, 2007).

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27 Victims may also be hesitant to seek services in small, rural areas because of familiar ity with service providers. In small communities, victims may know the care providers or law enforcement potentially leading to a lack of anonymity and confidentially. Care providers and law enforcement may also know or be related to the perpetrators, potentially leading to inaction or a conflict of interest in addressing reports. The victim may also reencounter the perpetrator frequently if the perpetrator lives within the community. All these scenarios are frequent and real occur rences that have affected the propensity of AI/AN women to report their sexual assault victimizations in small areas (Rape Victim Advocacy P rogram, 2013). Rural areas certainly experience unique problems for reporting and addressing sexual assault, these problems rendering rural areas prime targets for assault However, urban areas are no safer After all, the sexual assault rates for AI/A N women overall is high, and 60% of AI/AN women live d in urban settings as of 2002 (Walters & Simoni, 2002). Isolation is therefore not the only geographic barrier AI/AN women face. In fact, [i] n Anchorage, Alaska's largest city, Alaska Natives were 9.7 times more likely to be 2007, 5 ). Denise Morris, head of the Alaska Native Wo many AI/AN women in urban areas are homeless or live in high crime areas and are reluctant to seek help from the police (Lee, 2007). Even if AI/AN women do find the courage to s eek out police, and almost half of those clinics lack training and resources to provide emergency services to victims of sexual violence ( Talhelm, 2007, 3 ).

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28 Jurisdictional /Legislative Issues This reluctance to seek help from police may be the result of not only strained relations between AI/AN communities and law enforcement, but also j urisdictional confusion Several laws enacted over the course of 150 years have created a checkerboard pattern on reservations that has resulted in a confusion of jurisdictions, frustration among law enforcement and a resulting lack of justice. The General Allotment Act was probably one of the most significant in creating this confusion. Whi le the Act was supposed to allocate parcels of land to Indians on an individual basis, much of that land was sold to non Indian people and corporations, yet that land still remained within reservation boundaries. This Act, compounded with other laws over t he years, has created a web of jurisdictions that continues to be nearly impossible to navigate. In addition to this web, as well as the over and under policing of AI/AN communities have exacerbated a distrust of law enforcement and created safe havens for violent crime because of federal neglect, inconsistency and broken promises 2007, 23 ). J urisdictional c onfusion R eauthorized in 2005 with the goal of enhancing the safety of women, the Violence Against Women Act (VAWA) included a specific title, Title IX Safety for Indian W omen, to acknowledge the responsibility of federal, state, tribal, and local governments to assist AI/AN tribes in protecting AI/AN wom en. Title IX, Section 902 stated that the government should work to decrease violen t crimes against AI/AN women, strengthen the sovereignty of AI/AN tribes so that they are able to respond to violent crimes against AI/AN women, and ensure the perpetrators of violen t crimes against AI/AN women are held accountable for th eir crimes. The reauthorized act also called for a mandated

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29 analysis of the federal, state, tribal, and local systems responsible for protecting AI/AN women, this analysis under the guidance of AI/AN tribes, AI/AN advocates, policy experts, and a task forc analysis was women (Baseline Study Task Force on Violence Against American Indian and Alaska Native Women, 2010). Title IX was the result of tribal and non tribal efforts to address the complexities of f ederal Indian law and its impact on AI/AN women. The prior VAWA had assume d that the justice system model was comprehensive with a coordinated community response, a model that did not account for the jurisdictional confusion and lack of resources often associated w ith crimes against AI/AN women. W hile violence against women was d ecreasing nationally following the initial VAWA, rates of victimization among AI/AN communities had remained the same or even increased. Institutionalized legal barriers as well as the lack of crimina l jurisdiction over non Indians, continue to leave AI/A N women at risk of sexual assault victimization, without the criminal recourse that all other wome n within the United States ha d (Baseline Study Task Force on Violence Against American Indian and Alaska Native Women, 2010). Unfortunately, non Indian perpet rators are often aware of issues regarding jurisdictions in Indian Country and the vulnerability of AI/AN women (United States Civil Rights Commission, 2003). Indian C ountry, as defined by federal law § Indian re dependent Indian communities within the borders of the United States whether within the

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30 Indian t 2 4 ). As sovereign nations, Indian tribes have jurisdictional power over incidents occurring within Indian Country However, this jurisdiction has been limited over the year s. Under the General Crimes and Major Crimes Acts, Congress granted jurisdictional power to federal courts over interracial crimes within Indian C ountry; as well as the 16 major crimes committed by Indians within Indian territory, the crimes defined within the manslaughter, and murder (Offices of the United States Attorneys, 678 and 679 2012 ). A s a result of the 1978 case, Oliphant v. Suquamish Indian Tribe tribal courts d o not have criminal jurisdiction over non AI/AN peoples not unless Congress delegates this power to the tribal courts (FindLaw.com, Oliphant v. Suquamish Indian Tribe ). While the 1978 case, United States v. Wheeler ruled that trying a defendant within tr ibal and (FindLaw.com, United States v. Wheeler ), the Indian Civil Rights Act of 1968 stated that y or punishment greater than imprisonments for a term of one year or a fine of $5,000 or $15,000 fine or both (Cornell University Law School, 2012 7A B ). This maximum sentence of three years, for any crime, is short compared to the average prison sentence handed down for rape from state and federal courts, which ranges between 8 years and 8 months to 12 years and 10 months (Amnesty International, 2007). St ates do not typically have jurisdiction over crimes in Indian Country, except for three conditions: the punishing of wholly non Indian crimes in Indian C ountry, as the

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31 Supreme Court ruled in United States v. McBratney and Draper v. United States (FindLaw.c om, United States v. McBratney ; Findlaw.com, Draper v. United States 2012 ); the concurrent criminal jurisdiction on states and reservations impacted by P.L. 280 ; and federal mandates given to states to exercise jurisdiction outside of P.L. 280, such as land claims settlement acts or restoration acts. In short, t ribal courts address minor crimes by tribal members on reservations, federal agencies prosecute major crimes by AI/AN peoples on reservations, and state agencies handle cases with non AI/AN peoples B efore P.L. 280 was enacted, tribal courts and the federal government shared jurisdiction over nearly all civil and criminal matters involving AI/AN peoples on reservations. A fter t he enactment of P.L. 280 in 1953, affected states received criminal jurisdiction involving Indian victims and perpetrators, including law enforcement and civil judicial authority. 4 went into effect without consent from the affected tribes. Some federal laws following P.L. 280, such as the Indian Gaming Regulatory Act of 1988 and the Indian Child Welfare Act (an act that gives tribes sole jurisdiction over child custody cases), reduced the amo unt of states jurisdiction to increase tribal sovereignty and federal power (Goldberg, 2011). While Indian tribes were able to retain some civil and criminal jurisdiction over activities in Indian Country, P.L. 280 co ntinues to remain controversial, as th e law came around the Gamboa, 20 12 16 ). The 4 The excluding Warm Spr Montana, Nevada, North Dakota, South Dakota, Utah, and Washington

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32 law also remains controversial to the states, as they re sent having to provide law enforcement without funding (Perry, 2009 a ). A complete summary of the jurisdictions as a result of statutes and court decisions are in the Appendix tables The tables w ith their many exceptions for particular cases, indicate why law enforcement agencies may be confused and even hesitant to respond to crimes on reservations Law enforcement officials would need to be well versed in the laws and know the circumstances of the offender, v ictim, and area of the crime (the borders of reservations often confused) before knowing how to proceed with the investigation. For example, if a deputy sheriff re sponds to a call about violence, and the house is within Navajo territory, the sheriff has to wait until tribal police respond. The same situation occurs when tribal police respond and the crime happened outside of tribal jurisdiction ( Navajo Times, 2007 ). This confusion often leads to AI/AN victim s of sexual assault telling their stories may n ( Talhelm 2007, 14 ). Also ll too often, tribal police responding to domestic violence cases must confront non Indian perpetrators who argue that on ly the federal government, and not the tribes, can assert criminal jurisdiction over 2007, 18 ). In a congressional briefing in May 2012, an AI/AN woman and a victim of violence, Diane Millich, described how vulnerable AI/AN women are within the justice system, particularly if offenders are non AI/AN men or the crimes happen on reservations. While Mill husband abused her more than 100 times, he was never arre sted, at least not until he s worker who pushed her

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33 (Gamboa, 2012, 1). Why? Millich is an AI/AN woman her ex husband is not, and the crimes of abuse took place on a Southern Ute reservation. A Census report ed that 77 percent of people living in Indian Country are non Indian, and the Justice Department reported that about half of AI/AN women are married to non AI/AN men However, because the 1978 case, Oliphant v. Suquamish Indian Tribe determined that triba l authorities cannot prosec ute non AI/AN men even if crimes are committed on tribal lands, and because jurisdictional confusion ha s muddled ca ses on and off reservations when the perpetrator and victims are of different race, authorities often refuse to ac t AI/AN women are therefore left without the same protections as non AI/AN women Even if tribes have good relationships with local officials, the isolation and vast covering areas of reservations, in add ition to the lack of resources means that misdeme anor crimes take a backseat, allowing these crimes to steadily grow into a situation where AI/AN women are seve rely wounded or even killed (Gamboa, 2012). To Andrea 2005, p 33 ). Strained r e l ationships between the j ustice s ystem and AI/AN c ommunities I n addition to jurisdictional confusion, one of the major problem s that prevents AI/AN women from seeking or receiving the help they need for sexual assault is the fear they have in law enforcement and the community/criminal justice system, whether this U.S. minority groups face common problems within the criminal justic e system, the complex relationships between state, tribal, and federal laws and officials create s unique issues for AI/AN women (Hamby, 2004). First, there is a lack of crime data for Indian

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34 Country due to the geographic, economic, and cultural issues unique to reservations Even when it is possible to obtain accurate data, the prevalence and types of crimes vary between reservations (Wakeling et. al., 2001). Second, while the overall workload for law enforcement in Indian Country is increasing significantly, there is a drama tic gap between the current number of police officers and the number of officers needed. In 2006, a Bureau of Indian Affairs internal consultant determined that more than 2,200 additional police officers would be needed on AI/AN reservations. Unfortunately there were (Eid, 2007, 16 ). Further, these employees report ed poor employee morale and thus high turnover that lead to inexperienced officer s inadequate budgets and unnecessary political interference that not only prevent ed the police from performing their duties in a fair manner but also reduce d the credibility in the communit eyes (Wakeling et. al., 2001). The departments also were prevented from communicating with the service render it hard for police to generate community support for their activities (Wa keling et. al., 2001) Third, the lack of community support is due not only to lack of communication from law enforcement offices. Federal policy has also historically created systems that serve the U.S. government and non AI/AN citizens more than the AI/ AN communities they are supposed to serve. While 25 percent of all violent crimes prosecuted by U.S. attorneys occur on reservations, the courts ruled that AI/AN communities cannot legally ds, there is no trust

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35 account, no minimum funding requirement, to ensure that public safety and criminal justice needs on Indian reservations are met. The tribes simply get whatever Congress chooses to appropriate in any given year for law enforcement and other essential Eid, 2007, 7). This funding issue has proven precarious from the investigation to the prosecution of AI/AN sexual assaults. Indian Health Service hospitals have reported shortages of sexual assault kits, trained nurses to perform rape examinations, and even cameras to do cument injuries In fact, of the 45 hospitals financed by the Indian Health service, only 2 7 performed rape examinations, and only 73 sexual assault examiners were trained. The facilities also did not adequately track the number of victims treated, and they even lacked policies for treating rape victims (Williams, 2012) This inadequate fundin g affects the protection provided by state law enforcement as well ince the federal government does not compensate state governments for law enforcement on reservations, and tribes generally do not pay local or federal taxes, states have little (Smith, 2005, p 33 ). AI/AN communities have found that not only are Congressional funding requests rejected by the government. Federal prosecutors have also notoriously declined cases that occurred on AI/AN reservations. The Major Crimes Act mandated that ce ountry be processed and tried through the federal justice syste attorneys decline d to prosecute about 75% of any crime c ases that took place in Indian

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36 C ountry, and they were e ven more reluctant to proc ess rape cases. In 1997, the Department of Justice reported that only two U.S. attorneys prosecute d rape cases in Indian C ountry (Smith, 2005). Further i n a 2008 hearing before the Senate Committee on Indian Affairs, the Justice Department actually declined to release statistics to Congress on how many crimes on reservations the federal government declined to prosecute. for withholding the information, because previou s congressional testimony has shown that American Indian crimes are a low priority in some U.S. attorney's offices 2008, 13 ). Police Chief Jim Bennally argued that this jurisdiction causes a slow investigation timeline, when it may take two to four years for an arrest to happen on a case. Because of a lack of prosecutors (or because of a number of case declinations) and because of lengthy investigation timelines, of the 328 rapes reported on reservations in 2007, only 17 led to an arrest (Amnes ty International, 2007). Not only are the crimes low priority and lengthy processes within federal offices common but AI/AN communities also have trouble even accessing federal courts. In the congressional hearing Janelle Doughty, director of the Depart ment of Justice and ( Cardona, 2008, 14 ). ase declinations, inadequate resources for criminal investigations, the lack of federal judicial access these are all symptoms of a justice system that was designed more than a century ago by the federal government to keep Indian people down instead of permit ting [them] to take res ponsibility for [their] own destiny (Cardona, 2008, 15 ) As a result, tribal members believe police are

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37 insensitive and unresponsiv e and they opt not to contact the police for help (Wakeling et. al., 2001) In fact, AI/AN victims report less than 25 percent of their victimizations from violent crimes to law enforcement (Eid, 2007). The lack of AI/AN respect for law enforcement, jurisdictional confusion, the lack of federal funds for justice programs and refused help of local and federal authorities are problematic in themselves for AI/AN women However, the over policing for the sake of monitoring potential AI/AN perpetrators of crime has, according e and marginalize (2009 a p. 2 ). Through her interviews with many AI/AN peoples Perry argued the general sentiment among the AI/AN population was that while police appear to need little provocation to intervene against (2009 a p 6 ). [ Because the front lines people throughout history has been the military and cide, assimilation practices, the removal of the AI/AN populations to reservations and the incarceration of AI/AN perpetrators ), AI/AN communities are often hesitant to reach out to authorities. ] In fact, many of them are leery of the presence of authorities altogether, as they suspect th at presence means trouble. This distrust includes tribal law enforcement, as some women have reported that tribal law enforcement discouraged them from reporting their victimizations (Williams, 2012). views yielded five distinct consequences deriving from what was perceived as discriminatory policing: exacerbation of the problem of over representation in crime statistics; reinforcing the hostility and distrust of law enforcement; reinforcing the margin al i[z] ation and disempowerment of Native Americans; segregation of Native Americans within reservation communities; a nd enabling the violent victimi[z] atio n of Native Americans ( 2009 a p. 4 ).

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38 While AI/AN peoples are twice as likely as the general popula tion to be victimiz ed by crime, particularly inter racial crimes, they are also arrested for alcohol related offences at nearly twice the rate of the general population, testifying to the results an (2009 a, p 5 ). In fact, AI/AN peoples make up approximately 1% of the population; yet they consistently account for about 15% of offenders entering federal prisons. Between 1977 and 2002, they represented 13.3% of executed prisoners, and in 2002, 45% of those on death row. In all, over 4% of the Native American population is under correctional supervision on any given day contrasted with 2% of the white population ( 2009 a p. 15 ) This over policing, a distrust of law enforcement and the racial tone of the violence is further reinforced by incidents of purposefully failed protection In some reported instances, when AI/AN women call ed the police about their sexual assault and violence victimization s the officers berate d the victims fo r bothering the police, in essence question ing the credibility of the women, dismiss ing their claims, and essentially permit ting anti a, p 16 ). E ven when AI/AN women do report their vic timization and officers respond evidence is often mishandled, leaving many crimes unprosecuted (Lee, 2007). When Jami Rozell Cherokee was raped by an acquaintance, she did not immediately press charges because the responding officer told her she would have seven years to report it. When she decided to proceed with the case only a few months later, she discovered the police had what they called a routine department clean (Le e, 2007, 12 ). Her attorney also

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39 (Associated Press, 2007 10 ). The mixture of under policing for lack of resources (or antipathy) and over policing to survey potential AI/AN perpetrators has combined to reinforce distrust and hostility toward police and even the western criminal justice system. This distrust has inhibited many AI/AN peoples from contacting law enforcement for help An AI/AN wom an who survived s exual violence said beaten or raped it to the police. They just shower and go to t he clinic [for treatment] (Amnesty International, 2 007 p. 14 ). While AI/AN women have become leery of reporting their victimization s, the factors that led to injustice have also led to potential future victimizations. The low rates of arrests and prosecutions have left high numbers of sex offenders within Indian Country. For example, the Rosebud Sioux Reservation in South Dakota has a population reservation in Arizona has a population of 15,000 that includes 184 Class 3 sex offenders. In comparison, Boston has a population of 618,000 that includes 252 Class 3 offenders, and Minneapolis has a population of 383,000 that includes 101 Class 3 offenders (Williams, 2012). Wh en AI/AN women stop going to the police for help because of the lack of recourse, their right to protection is forfeited through circumstances exposing them to further victimization, disempowering them and marginalizing their voices and their value within American society. The issues they have encountered with law enforcement has sent a message to AI/AN communities about their value, made them fearful of leaving

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40 their communities and therefore limited their movement within society, and has Perry, 2009 a, p 14 ). To many AI/AN communities the legacy of injustice leav es little hope that a system representative of that injustice could abandon current practices and go against history to address the crimes and injustice that perpetually leaves th ose communit ies so vulnerable to crime and injustice. Economic Issues Geographic and jurisdictional issues are factors that have played significant roles in the rates of sexual assault against AI/AN women on reservations. However, a ccording to the 2010 Census, 78 % of people who identified themselves as AI/AN (alone or in co mbination with other races) lived outside of AI/AN areas, whereas only 20 percent lived within AI/AN areas, AI/AN areas being a federal or state reservation or a federal/state ris et. al, 2012). Other economic and social factors must therefore play a role in the rates Economic issues, along with the geographic and jurisdictional issues that ha ve affected the rates of sexual assault, can be traced to colonization. Prior to colonization, many AI/AN societies were hunting an the land and depended on the community working together. Within the last hundred years which most have not emerged p 15 ). Forced removal from their lands, prohibitions on their religious practices, frequent removal of Indian children into foster homes and boarding schools, and a drastic reduction in the native population from the time of Western contact until the

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41 creation of the reservations of AI /AN tribes and groups This shift determined access to economic and social resources and left many communities vulnerable to internal and external acts of violence (Hamby, 2000 p. 15 ). Exacerbating the economic circumstances for AI/AN women are the high rates of unemployment and poverty within AI/AN communities In 2006, a family of four was considered to live in poverty if their annual income was below $20,614. Based on this standard, 25.3% of AI/AN peoples were in poverty by 2005 Census Bureau data, com pared to 13.3% for all demographics (Greco & Dawgert, 2007). There may be a direct link between this poverty and sexual violence as a lack of economic power and access to resources has left many AI/AN women dependent and has forced them to stay in dire si tuations. This lack of access to resources includes homes without internet or even telephones to call for assistance (Hamby, 2004). In fact, less than 10 percent of homes on tribal lands have access to broadband internet service (Federal Communications Com mission, 2013), and less than 70 percent have basic telephone service, compared to 98 percent of homes nationally ( Smith 2012). AI/AN peoples have long been disconnected from the rest of the country, as reservations are often on remote land with little economic potential and away from modern markets, health care, and higher education. The rise of the internet, however, has served to rei nforce the isolation in most AI/AN communities. Education, jobs, and even health care records have increasingly shifted to the online world, and if AI/AN communities lack internet servi ce and even electricity to run computers, then they are at a severe dis advantage to access resources

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42 (Smith, 2012). Lack of access to health care information information on programs and legal help available, and other resources have not only severely disadvantaged AI/A N women from seeking help, but AI/AN communities have als o lost opportunities for economic growth. The communities have been left behind as the rest of the country moves forward technologically, further exacerbating generational poverty within AI/AN communities ( Smith 2012). E conomic limitations not only exace rbate the rate of sexual violence but sexual violence also exacerbates the economi c predicaments of AI/AN women. In fact, s exual assault victimization has proven to be an expensive experience for the victims. A John Hopkins University School of Public Health study found that 50 to 95% of women suffer from PTSD work. Another study found that 50% of sexual assault victims lost their job s or were forced to quit after being raped because of affected work performance or time required off to address the emotional and physical problems from the assault, or from legal proceedings (Greco & Dawgert, 2007). In many cases, if a victim refuses to r eport the sexual assault, then she must pay for her medical care (Minnesota Center Against Violence and Abuse, 1998). The out of pocket expenses resulting from sexual assault have also burdened AI/AN women. Medical bills, mental health treatment, property damage, and lost or diminished work have resulted in an average $5,100 of tangible losses for sexual assault victims (Greco & Dawgert, 2007). While assistance is available, many victims may not know it exists, the assistance is reimbursements for costs and victims cannot provide the money up front, or the assistance does not cover all the incurred costs.

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43 Further, AI/AN programs in urban areas also su ffer from severe underfunding, as eligibility limits for many assistance programs sometimes require those a ssisted to be at or below 200 percent of poverty lines (Wilkins, 1993 ; Greco & Dawgert, 2007 ). P rograms benefitting tribes also suffer the deepest cuts in federal spending, though the very people to whom [the] government owes its first r 1993, p. 2 ). These programs include assist ance to AI/AN women victimized by sexual assault. This lack of program funding, compounded with poverty and other economic limitation s, exacerbates the general vulnerability of AI/AN women to victimization as the women lack access for help and the communities lack resources to protect their members If left unaddressed, the economic, geographic, and jurisdictional and legislative barri ers tribal communities face could lead to a final and systematic and perhaps even ruthlessly efficient 1993, p 2 ). Social Issues Social issues have also compounded with economic, geographic, and jurisdictional and legislative issues to create and exacerbate the conditions under which AI/AN women are sexually assaulted. In fact, AI/AN women face social adversity not only by their vic timizations, but also in how their victimizations are addressed. Most non native researchers and providers of assistance come from a place of position and power. They spend only brief periods, sometimes hours, on reservations, interact only as professiona ls, and p 19 ). H ealth care providers, law enforcement personnel, and even rape crisis advocates commonly make recommendation s on preventing and treating sexual assault victimization based on predominant U.S. culture.

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44 These recommendations include encouraging AI/AN women to disclose the details of their victimizations for potential help from agencies, encouraging rape victims to be physically examined and treated to prevent STDs and pregnancy, encouraging AI/AN women assaulte d by their partners to divorce or leave their partners, and encouraging AI/AN women to prosecute their perpetrators (Hamby, 2004) These recommendations often conflict with the values AI/AN women hold (Hamby, 2004) For instance, AI/AN women may find it difficult to discuss the details of their victimization out of concern for their communities Many AI/AN women fear being ostracized by their families and community as privacy regarding sexuality and family problems is very impo rtant to many AI/AN communities. By making a report, the victim television may report the assault, and the offender is also questioned. This amount of attention may bring embarrassmen t to the victim, especially if the details of what happened to her are released ( Minnesota Center Against Violence and Abuse, 1998). AI/AN women would therefore be unlikely to report their victimization s at the risk of alienation and embarrassment, particu larly in light of the poor handling of reports, the rare prosecution of such crimes, and the lack of jurisdictional protections for AI/AN women (National Task Force to End Sexual and Domestic Violence Against Women, 2005). Some AI/AN women may also be hesi tant to use the U.S. criminal justice system because they view the system as potentially racist (Hamby, 2004). This fear of reporting only increase s the vulnerability of AI/AN women to be sexually victimized, whether on c e or repeatedly (Women of Color Network, 2006). To Larry Cox, executive director of

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45 thousands of indigenous survivors of Cited in Talhelm, 2007, 4 ). These acts of violence and lack of reco urse for such acts are not only physically violating, but they also violate nearly every other aspect of the lives of AI/AN women. Discrimination Against Women, violence against women is discrimination that inhibits the ability of women to have the same rights and freedoms as men. This violence includes mental, physical, or sexual harm; threats of such actions; coercion; and other acts that deprive liberty. These acts of violence and security of person; [t]he right to equal protection under the law; [t]he right to equality to the highest standard attainabl e of physical and mental health 1992 Recommendation section 7b g ). Sexual violence in general is also a form of discrimination against women, and the victimization of AI/AN women is a form of discrimination against the indigenous identity. These acts of discrimination, when left not (Amnesty International, 2007 ). One of the first tim es the severity of this violation was highlighted was the proceedings of the International Criminal Tribunal for Rwanda (ICTR). ICTR was established to investigate the human rights violations that occurred in Rwanda in 1994. The prosecution of high ranking officials for their involvement in the genocide led to a definition of genocide that included sexual assault. ICTR concluded that genocide is the act of committing physical or mental crimes to destroy a religious, racial, or national

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46 group. Sexual assault was described as a tool of physical invasion committed against a person under coercive circumstances (United Nations, 2008). The mental and physical effects of physical and cultural genocide have a ffected not only the victims of Rwanda, but also AI/AN women. The continuous threat of violence and harassment AI/AN women face daily has become a mechanism to create boundaries physically and socially. Violence reinforces withdrawal and isolation, or r to AI/AN women that they are not welcome in certain situations and ultimately kept them in their position ( Perry, 2009b ) The threat of violence not only isolates and segregates AI/AN women, but the threat of violence also keep s AI/AN women and women in general, in subordinate roles with lower levels of political participation, education, and work opportunities. This subordination of women and their lack of economic independence force many to stay in relationships of violence and coercion, further preven ting women from participating equally in public and family life. Women in war stricken territories are a t even greater risk of sexual assault and exploitation, and women in rural areas face risks of gender based violence due to traditionally subordinate at titudes toward women (United Nations, 1 992). Winona LaDuke further argued that, while the Charter of the United Nations states may freely determine their political status and freely pursue their economic, social and in reality women often find they are the prey in a predatory

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47 control over [their] bodies, or being the subjects of repressive laws and legislation in which [they] have ( Winona LaDuke, 1995, p. 470 ). The colonization and exploitation of AI/AN women led to stereotypes that devalued AI/AN women and denied them personhood, a devaluation which is still p revalent ). This deva luation not only denies AI/AN women of personhood, but it also perpetuates violence against AI/AN women. According to the National Congress of American Indians, in 2008, 90% of sexual assaults and 75% of intimate victimizations against AI/AN wo men were committed by someone from a different race (National Congress of American Indians, 2008). The rates of sexual assault AI/AN women experience, and the racial/ethnic composition of the perpetrators of such crimes, suggests that the social context of AI/AN women is not neutral, and as long as the devaluation of AI/AN women continues to occur, so too will the violence they experience (Weaver, 2009).

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48 CHAPTER III ROLE OF THEORY Pierre Machery ( Cited in Million, 2008, p 2 ) Colonialism For his analys is of the effect of colonialism on AI/AN peoples David Wilkins referred to external political unit most often inhabited by people of a different race and culture, where this domination is political and economic, and the colony exists subordinated to and dependent ( 1993, p 9 ). The colonizers typically exploit the land and people of the colonized nation through extraction or abuse. Charles Pinderhughes further as a geogr aphically based pattern of subordination of a differentiated population, located within the dominant power or country 2011, p 3 ) In ternal colonialism to Pinderhughes, is the group inequality resulting policies and practices of a variety of societal institutions, including systems of education, public safety (police, courts and prisons), health, employment, cultural production, and finance ( 2011, p 3). In fact, the very foundation of colonialism is th at a group has been conquered; their social, economic, and cultural structures have been uprooted, or at least disrupted ; and outside force is imposed to the degree (Wilkins, 1993, p. 11 ). AI/AN tribes continue to be the subjects of internal colonialism within the United States. Not only has colonialis m led to the economic and cultural erosion of AI/AN communities but colonialism also continues to effect the very existence of AI/AN

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49 communities While Supreme Court decisions have established AI/AN tribes as sovereigns from the United States, federal acts could eradicate that sovereignty. Because tribes are not protected under the Constitution, these sovereigns, while federally recognized, could ha ve their rights revoked should the government so choose (Wilkins, 1993). To Felix Cohen, the process of colonialism was established and maintained federal officials believed that it was 'the white man's burden of telling the Indian what to do', si nce the Indians were 'inefficient, dishonest, wasteful, ignorant, selfish, impatient, and 1993, p .11 ). Robert K. Thomas further argued that the United States was the first major country in the world to try to int egrate a by turning over its affairs to a governmental bureau and charging that agency with the task of integration and acculturation, the most comple te colonial system in the world 1993, p 12 ). Palmer Patterson argued that unlike Third World countries that were (and are) the victims of colonization, AI/AN peoples cannot hope that the colonizing power will eventually leave. culturally and numerically strangers in their own coun try 1993, p 12 ). To Teresa Evan s Campell, t his marginalization, lack of hope, and disempowerment have compounded to create a Colonial Trauma Response (CTR). CTR is a combination of historical and contemporary trauma responses to community and personal events. A defining feature of CTR is its connection to colonization. Indeed, CTR reactions may arise as an individual experiences a contemporary discriminatory event or microaggression that serves to connect him or her with a collective and often historical sense of injustice and trauma ( 2008 p 18 ). Evans Campbell used the example

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50 of a n AI/AN wom a n being called a derogatory name and feeling rage over her current experience and how it connects to the historical treatment and injustices of AI/AN Although the assault targeted her individually, it led her to contemplate her immediate and emotional way (2008 p. 19 ) Sexual assault on AI/AN women could certain ly elicit this type of response. S exual assault is a painful experience for any wom a n to go through, but for AI/AN women, sexual assault also reflects a history of domination, genocide, and ethnocide that complete control over AI/AN society, historically and currently, have left a legacy of despair and poverty that not even the illusion of sovereignty can repair. Economic Theories In addition to colonialism, p overty and other economic issues affect the rates of sexual assault AI/AN women experience, and s e veral theories delve into the implications of economic factors on the rates of sexual assault within AI/AN communities. One theory is the I nequality Crime T heory, or the theory that higher rates of social and economic inequality lead to higher rates of crime. This theory has been analyzed for other demographics such as African American men, and the theory is often used to describe why the victims of inequality become the perpetrators of crime. However, this theory has also been used to understand how the victims of inequality also become of the victims of crime. Through their research, Lawrence Cohen et. a l delve d into the Inequality Crime T heory from the angle of criminal victimization.

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51 In 1981, Cohen and his colleagues conducted a study that tested a f ormal theory of how certain dimensions of social stratification, such as income, race, and age, correlate with the risk of criminal victimization. Their study consisted of a representative sample of the U.S. population and addressed bur glary, larceny, and assault. From their data, Cohen and his colleagues concluded that while the relationship between offenses and dimensions of social stratification are complex, with all other variables being equal, the people usually thought to be the most economically and socially disadvantaged, such as those who are poor or non white, are actually not the m ost likely victims of assault or the other crimes studied (1981) d a counterargument to the overall I nequality C rime T heory, the theo ry of Cohen and his colleagues was not applied to the situation of AI/AN women, so a similar study with AI/AN women may yield different results. AI/AN women are in a unique situation. Their histories differ (i.e. the effects of colonization are still being felt because the colonization is still happening), their current circumstances differ (geographic issues, jurisdictional and legislative issues, etc. ), and group. The I nequality C rime T heory describes how present social and economic factors may affect the rates of crim inal victimization ; however, for the case of AI/AN women and the high rates of sexual assault they experience, another theory is needed to explain the circumstances that led to the economic and social disadvantage of AI/AN women and how these circumstances further left AI/AN women v ulnerable to violence. Rauna Kuokkanen argued that the very system of globalization consists of interlocking systems of oppression such as colonization, patriarchy, and capitalism. These systems are

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52 particularly debilitating to indigenous women around the world, as indigenous women ar e among the hardest hit by the results of economic globalization, such as the expansion of markets, trade liberalization, and the cheapening of labor. Furthermore, for globalization to exist, a certain aspect of colonization needs to take place. As histori cal texts have shown, the economic conquest of a society is often accompanied by the physical conquest members physically in the same manner that their resources and economy were subdued and exploited econo mically. To Kuokkanen, globalization represents a multifaceted violence against indigenous women (2008). Kuokkanen supported her argument with the argument of Veronika Bennholdt Thomsen and Maria Mies. Mies and Bennholdt Thomsen argued that the current globalization process subordinates women under patr iarchy not only through violence, but also through the commo dification of everything to m ax i mize profits. This commodification of society is ultimately harmful to life and human beings, and particularly to women (1999). This harm may have translated into the devaluation of AI/AN women that perpetuated the high rates of sexual assault they experience. Sener Uludag and his colleagues further argue d that inequality among and within nations and its relation to criminal victimization may be explained with the Marxist According to the Marxist theory, owners of capital seek to increase their surplus value from the workers in order to increase profits. As capitalism spreads around the world, so does the class struggle and eventual inequality. Many nations lose their poli tical and economic

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53 autonomy within the capitalist system, leading to interdependent nations and the stronger (core) nations deriving their wealth from the exploitation of weaker (periphery) nations. This exploitation of periphery nations leads to increased poverty and unemployment in those nations, further leading to social and psychological strain that contribute to higher levels of crime victimization for those living in periphery nations. This social and psychological strain is further exacerbated by cap production relations. This disruption causes the migration of people from rural to inner cities in search of employment and resources, the competition for resources and employment causing tensions within communities, and these tensions adding to the poverty, inequality, and poor living conditions people in a transformed nation experience as a result of capitalism. As these tensions and strains in crease, so do the rates of criminal victimization. A few studies have, in fac t, found that periphery nations, or nations that have greater levels of inequality, have higher levels of crime victimizations among their citizens than core countries do (2009). This theory relates to the predicament of AI/AN peoples. AI/AN communities as the periphery nations, experience a relationship with the core nations, or the U.S. governments, that leaves the communities vulnerable to violence. This relationship is largely due to a history of resources being taken from AI/AN peoples, and also incl udes other levels of constraints that inhibit sovereignty and justice, such as jurisdictional and legislative constraints. AI/AN peoples find themselves with dual citizenships as members of their communities but also residents within the United States. Th e y find themselves constrained by the U.S. governments, yet also dependent on them because of the poverty and lack of power that has inflicted AI/AN communities.

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54 Vandana Shiva further discussed what continues to link capitalism to colonialism, and colonia lism to the exploitation and degradation of indigenous peoples. According to be a post colonial project where the entire world could potentially remake itself like the modern West without having to experience the subjug ation and exploitation that embodied colonialism. However, early industrial development in Western Eu rope highlighted how condition for capitalist growth: without colonies, capital acc umulation would grind to a halt ( 1989, p. 398) Development, as a form of resource and therefore capital accumulation, included not just the creation of wealth, but also the creation of dispossession and poverty. Development therefore became a process of colonization, or a project of weal th creation in the vision of the modern West through the exploitation, degradation, and erosion of nature, indigenous labor, and indigenous cultures (1989). This exploitation, as other theorists and researchers argue, translates from the conquest and explo itation of indigenous labor and resources to the physical exploitation of Social Theories Economic theories need to be compounded with social theories to more fully examine how the socioeconomic status of AI/AN women was establ ished. Unfortunately, of the circumstances that created the social position s n her book on the issue of rape, Susan Brownmiller argued that rape and sexual assault are tools of power and intimidation for men to keep all women in fear ( 1975 ). Not only were (and are) rape and sexual assault tools of fear, but they are also tools of subjugation for the

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55 against potential predators, women struck social bargains with men to become domesticated, and ultima tely the chattel of men. In essence, if the chastity and monogamy of a woman wer e violated, the n the crime would be viewed perty ( 1975 ). theories were not directly applicable to the predicament of angle on sexual assault (e.g. the domestication of white women and their chastity and monogamy certainly does not reflect the historical positions of black women, AI/AN women, etc.). While her perspective on issues affecting women was limited when applied to the positions of AI/ AN wom en, Brownmiller d id have one universal point s exual assault against women has historically been a tool of power in both instigating fear and reinforcing social standings. To set the stage in discussing the adversities women of color face, Kimberl Crenshaw described the situation many experience that leaves them vulnerable to criminal victimization. Crenshaw argued that poverty, childcare responsibilities, and lack of resources and job skills have burdened many women of color. These burdens, which resulted from a history of gender and class oppression, compounds to high unemployment and underemployment that renders women of color less able to depend on friends and neighbors for temporary assistance, as those friends and neighbors often experience the same si tuations of un(der)employment (1997). Many women of color are therefore unable to leave households with domestic violence or areas with high rates of sexual assa ult or other crimes. Further these adversities also feed into a system where women of color fi nd their voices ignored in the justice system and broader social

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56 discuss ions. Crenshaw argued that when issues such as sexism and racism, which readily intersect in reality, are not allowed to intersect in feminist theory and when identities are relegated to either are relegated to an untold place ( 1997 ). Crenshaw point ed to the violence that happens toward minority women as an example. Because minority women are situated between at least two oppressed groups, often with conflicting political agendas, the women may find instance, groups fighting for minority rights may suppress the intracommunity problems of violence towards their women because of the public perception that might result from the disclosure of such problems ( 1997 ) This suppression of intracommunity prob lems according to Wilma Mankiller, happens in AI/AN communities: women often are overshadowed by the need of all tribal members to band together 1998, p 198 ). Oth er activists and researchers have discussed sexual assault against AI/AN women only indirectly as an indigenous family violence issue. This limited scope has kept hidden the prevalence of sexual assault again st AI/AN women (Cox, 2008). Conversely, f eminist movements may also suppress the violence that happens towards minority women to prevent the perception that such though s ome feminist scholars have used AI/AN women as examples of where sexism originated (Popick, 2006) While these analyses are being proved incorrect (since many AI/AN societies had egalitarian structures concerned less with equality and more about the dignity of the community members and the right of members to make decisions), these analyses and conver sely the lack of analyses on

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57 violence toward AI/AN women, have highlighted the role and depiction of AI/AN women in feminist discussions on violence (Popick, 2006 ). apparatus involvin need to organize on intimate issues and the necessity to argue for self determination 2008, p 4 ). Even self determination movements led by AI/AN m en ignore the predicament of AI/AN women, as many of these movements 2008, p 4 ). T he limited focus on issues affecting AI/AN women also impacts how indigenous communities view violence. sexual assault, and the compounding effects of coloni[z]ation, contribute to the normali[z]ation and acceptance of violence in some contemp (Cox, 2008, p 2 ). Andrea Smith delve d further into the psychological and social implications of violence and the lack of action to seek justice, on AI/AN women and larger society. Smith suggest ed that sexual violence is not limited to the act of rape. It encompasses 2005, p. 3 ). When an AI/AN woman experiences abuse, she experiences it as an attack on her identity as a w oman and as an AI/AN woman To Smith, the untold stories of AI/AN women and other victims with untold stories allows sexual violence to become labeling entire communities of color as potential victims. The labeled groups are then subjected to violence through direct sexual assault as well as state and federal policies

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58 (2005) men as a result of pat riarchy. [ disenfranchised in most every arena of life in the United States, often find that the they are told al 1993, p 353 ). Bec ause the domination and control of sexism requires violence to maintain that control rape and sexual harassment are the direct result hope era (hooks, 1993, p 35 3). ] Sherry Hamby, examining the feminist standpoint theory suggested that subordinate groups, such as AI/AN women, are in a prime position to address the problems suffered under who possess information about social relations that domina nt groups do not, as AI/AN women must learn the cultural and soci al customs of both the dominant group (Western instead of letting the achievements happen as a result of belonging to a particular group (2000 p 19 ) The feminist st andpoint theory ultimately suggests that AI/AN women can be valuable resources and the instigators of change to better their societies. The question is, what needs to be done to make that change happen?

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59 C HAPTER IV DISCUSSION of human progress as well as the basis for our expectation that we can help people achieve Russell Schutt ( 2004) W hat Has Been Proposed to Address the Problem Because sexual assault against AI/AN women is a multif aceted issue, approaches to address the violence need to be holistic. These approaches overall should challenge discrimination on the grounds of gender and Indigenous identity in society at large and in the institutions charged with upholding and delivering justice A mnesty International, 2007 p 92 ). Amnesty I nte rnational other advocacy organizations and researchers have proposed several approaches to improve the investigation of sexual assault reports; the treatment of AI/AN women, physically, mentally, and emotio nally after the assaults occur; the prosecution of reports; the legislation aimed at preve nting future assaults and creating safe environments for reservations; and the education of AI/AN issues and history so that t he underlying ideologies that have contributed to the assaults are exposed and addressed. Investigation First, a clear issue for reservations is the response of law enforcement to sexual assault reports. Jurisdictional confusion has muddled which law enforcement office is responsible assault took place. Legislation will need to be updated or overturned to clear this confusion, but what Amnesty International argue d can be immediately done is to permanently inc rease federal funding (i.e. not subject to cuts) to recruit, train, equip and retain sufficient law enforcement officers to provide adequate law enforcement coverage

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60 Training should reinforce that all police officers in policy and practice, have the authority to take action in response to reports of sexual violence, including rape, within their jurisdiction. The officers can then effectively apprehend the alleged perpetrators in order to transfer them to the appropriate authorities for inves tigation and prosecution All law enforcement agencies should also co operate with, and expect cooperation from, neighboring law enforcement bodies on the basis of mutual respect and genuine collaboration This cooperation will ensure protection of survivo rs and those at risk of sexual violence and that perpetrators are brought to justice (Amnesty International, 2007) While a permanent increase in federal funds may not be plausible, as almost anything in federal budgets are subject to cuts, a general incr ease in funds for enhancing and training law enforcement could is certainly possible. Amnesty International also recommend ed that, in addition to better coordinating responses to reports of sexual assault, l a w enforcement authorities establish processes of reporting where victims, relatives and witnesses can make reports without fear of reprisal (Amnesty International, 2007) With too long a history of ineffective policing creating distrust among AI/AN communities victims and witness es should finally be able to make reports with confidence that they will be taken seriously and that authorities wi ll act properly and impartially Also, with a history of reports and evidence being improperly mishandled and AI/AN women not having access to health c are facilities, l aw enforcement agencies and health service providers should ensure that all AI/AN women survivors of sexual violence have access to adequate and timely sexual assault forensic examinations without charge to the survivor and at a facilit y w ithin a reasonable distance

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61 This access to health care facilities is the start to providing the proper treatment to AI/AN victims of sexual assault (Amnesty International, 2007) Treatment To enhance access to the proper treatment, Amnesty International and Sarah Deer have suggested a few initiatives. First, Amnesty International suggests that the federal government increase funding for the Indian Health Service s and other health care prog r ams for AI/AN women. This increased funding would improve and further develop facilities and services increase permanent staffing in both urban and rural areas in order to ensure AI/AN women receive adequate medical attention and create more sexual assault nurse examiner (SANE) programs ( 2007 ) Second, Amnesty International suggests that state and federal gover n ments ensure adequate funding for support services, including shelters and rape crisis centers In exchange, these shelters and rape crisis centers should provide culturally appropriate, sensitive and non discriminat ory support to AI/AN women (2007) Finally, Sarah Deer suggest ed that AI/AN peoples be given the resources to provide safety and health services themselves ( Cited in Talhelm, 2007). Adequa te treatment services and thorough investigations are important aspects to ensuring justice and care for AI/AN victims of violence However, c hanges to the prosecution of AI/AN sexual assault cases also need to be made in order for justice to truly become reality for the victims Legislation In order to amend the prosecution system and increase funding for progr ams necessary to treat AI/AN victims of sexual assault legislation needs to be revised After all, limits to tribal authority, lack of funding for AI/AN programs and the lack of

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62 prosecution of cases due to jurisdictional confusion all relate to limits imposed by legislation. One of the bills that many groups argue should be amended is the Indian Civil Rights Act. The Indian Civil Rights Act limited the punishments tribal courts could impose on AI/AN peoples, the punishments being a maximum of one year of imprisonment or a $5,000 fine (Cornell University Law School, 2012). Further, tribal courts can order these sentences for only AI/AN peoples. They h ave no jurisdiction over non AI/AN peoples, even if the crimes we re committed in Indian Country. To empower tribal courts to better protect AI/AN peopl es, Amnesty International argued that Congress should amend the Indian Civil Rights Act to recognize that tribal authorities have jurisdiction over ALL offenders who commit crimes on tribal land and the authority to impose sentences commensurate with the crime and consistent with international human rights standards ( Amnesty International, 2007 ) A mnesty International also argued that the federal government should ratify the following international human rights treaties 5 : the Convention on the Elimination of All Forms of Discrimination against Women the International Covenant on Economic, Social and Cultur al Rights the Inter American Convention on the Prevention, Punishment and Eradication of Violence against Women the ILO Convention No.169, concerning Indigenous and Tribal Peoples in Independent Countries (Amnesty International, 2007) Perhaps one of the most unanimous current calls for legislation to protect AI/AN women is continued funding for the Violence Against Women Act (VAWA) particularly 5 esse ntially a contract between nations, and the nations must abide by that contract. The United States has expressed hesitation to undertake a treaty obligation it cannot carry out or conflicts with existing U.S. law or the Constitution, among other reasons. W ith treaties, however, conditions can be attached to the treaties ratification so long as the other parties of the treaties accept the conditions. The attachment of the United n controversial and other nations view these conditions as undermining the purpose of the treaties (Venetis, 2011).

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63 the section that aims at protecting AI/AN women (Lee, 2007) The law gave law enforcement an d social service organizations funding to train prosecutors and law enforcement, and to educate about violence and sexual assault against women with the goal of prevention Unfortunately, and for the first time since 1994, VAWA was allo wed to expire in Jan uary 2013. passed, but the bill was finally signed into law on March 8, 2013. There were several initial objections to the passage of the Senate version, notably against new protections for AI/AN women. The Senate version empowered tribal courts to hear cases involving non AI/AN offenders within AI/AN communities. This expansion of tribal court jurisdictions raised questions on tribal court authority and whether this authority would soon become li mitless (Lyden, 2013) The new law is expected also to raise questions about expanded sovereignty that may end in several court cases (Cohen, 2013). Cultural Reform U nderstanding and fully addressing the issue of violence against AI /AN women does not rest solely o n the amendment of legislation, increased funding for AI/AN health care or in increased training of law enforcement. In fact, Andrea Smith argued that anti violence measures cannot depend solely on state and federal funding or the criminal justice system To Smith, there is a contradiction in relying on the state to solve problems the state is responsible for creating. Further, t his dependence on government funding and the justice system f anti violence initiatives and alienates the power of the movements from the community ( 2005, p 171 172 ). These movements therefore need to include community organization and community based responses to violence. These movements and responses s hould

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64 political education at the everyday level within [AI/AN] communities, specifically how sexual violence helps reproduce the colonial, racist, capitalist, heterosexist, and patriarchal society we live in as well as how state violence pro duces interpersonal violence wi 2005, p 174 ). This holistic education would, in turn, focus less on the crimi and more on the U.S. ensuring economic, social, and cultural rights that decrease wo to violence 2005, p 168 ). This holistic approach would also involve a community response to help heal the victims. One approach suggested is programs that promote restorative justice. Restorative justice is an umbrella term that describes a wide range of programs which attempt to address crime from a restorative and reconciliatory rather than a punitive framework. As opposed to the U.S. criminal justice system, which focuses solely on punishing the perpet rator and removing him (or her) from society through incarceration, restorative justice attempts to involve all parties (perpetrators, victims, and community members) in determining the appropriate response to a cri me in an effort to restore the com munity to wholeness ( Smith, 2005, p 139 140 ) R estorative justice would heavily involve tribal authorities in the investigations, prosecutions, and sentencing Other suggestions for a cultural and community approach draw from the spirituality and traditions of many AI/AN communities Resources such as native healers, talking circles and other spiritual cultural, and tribal justice resources have the potential to provide coordinated community responses that are relevant and relatable to AI/AN communities. These resources could incorporate cultural interests into current government services and programs and therefore provide individualized care based on the needs and cultures of particular communities For example, l anguage and communication styles could be adapted based on the respective audience, and agencies

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65 could have community members and survivors as part of the staff to make the programs relatable and more comfortable to victims Community based responses c ould also provide more choices for accessible services Transportation, meals, and child care could be addressed to make these services acceptable and therefore effective and provide AI/AN women a choice of services that are within or outside of their communities Finally, the community could initia te efforts to secure continuous and adequate funding from federal, state, an d tribal sources. AI/AN gaming revenues, or grants from the STOP Violence Against Indian Women Discretionary Grants Program are examples from which community groups could request f unds (Hamby, 2004). W hat Has Been Done to Address the Problem Legislation Several legislative and funding initiatives have already been taken to address certain aspects of the multifaceted problem predominantly on the federal side Federal funds for AI/ AN tribes are sometimes earmarked. For instance, members of federally recognized tribes can receive services at Indian Health Service facilities (IHS) or tribal facilities that receive IHS fun ding, such as treatment for STDs and injuries (and AI/AN women c an receive free psychotherapy i f they locate an IHS therapist with sexual v ictimization trauma expertise) (Hamby, 2004). The United States Department of Justice is also taking steps to prevent violence against AI/AN women. The U.S. Department of Justice has granted millions of dollars to tribes such as the Choctaw Nation and Tonkawa Tribe to fight violence against women and help victims pay for education costs (Associated Press, 2009). In addition to these funds, i n March 2 008, Title IX of VAWA Section 904 (a)(1)(2), authorized the

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66 National Institute of Justice (NIJ) to develop the Section 904 Tribal Task Force. The Task Force is currently developing several research projects to examine various forms of violence against AI/AN women living in tribal communities, effectiveness of U.S. Department of Justice, Section 904Task Force 2013, 3 ). One of the steps already taken to improve effectiveness includes $118 million the Coordinate Tribal Assistance Solicitation gave to AI/AN communities in fiscal year 2010 bolster justice systems, prevent youth substance abuse, serve sexual assault Department of Justice, Tribal Communities 2012, 21 ). The efforts from the Department of Justice were supported through the discussions and legislation moving through Congress. For example, on July 29, 2010, President Barack Obama signed into law the Indian Arts and Crafts Amendments Act of 2010 (The Library of Congress, 2010). The bill contained provisions to provide greater federal law enforcement agencies support to AI/AN by reauthorizing several programs within the Department of Justice and the Bureau of Indian Affairs, specifically programs to reform and enhance criminal justice proceedings on tribal lands (with the exception of Alaska). Previous legislation allowed tribal governments to prosecute only crimes committed by AI/AN peoples on reservations and enforce a maximum of one year in prison, fo rcing tr ibal governments to rel y on federal agencies for major offenses by AI/AN peoples and non AI/AN peoples The new law allows tribal courts to impose sentences of up to three years in prison or a maximum fine of $15,000 for crimes

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67 occurring on reservations, a lthough the act does not alter jurisdiction over the prosecution of non AI/AN peoples The law would encourage cooperation between tribal and federal law enforcement agencies, as well as the sharing of resources such as information databases and legal advi sing. The law also requires the Bureau of Indian Affairs to train tribal law enforcement officers on how to interview victims of violence and preserve evidence, and it requires national standards to investigat e and prosecute sexual assaults and assist vict ims of violence (Weyl, 2010 ; Bryan, 2010 ) The overall goal of the law was to amend previous legislation to clarify the responsibilities of state, local, federal, and tribal governments; increase coordination and communication among the governments (includ ing increased collection and sharing of criminal data); enhance the power of tribal governments through funding and training programs; and ultimately reduce crime in Indian C ountry (The Library of Congress, 2010). Investigation Despite efforts to amend ineffective legislation, remaining f ederal legislation restricting the jurisdictions of federal state, and tribal law enforcement has created loopholes on reservations for non AI/AN offenders. Unfortunately, AI/AN peoples on reser vations are required to depend almost completely on the federal government for protection. This protection is against such as murder and felony assault, where Congress and the courts have stripped Indian tribes of their traditional powers to Eid, 2007, 4 ). Amnesty International suggested that p rosecutors need to be vigorous in prosecuting ca ses of sexual violence against i ndigenous women (2007).

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68 A program led by U.S. attorney Troy Eid is an example of this assertiveness To address the loopholes left by Congress, Eid and his team have cross deputized Southern Ute tribal police, sheriff officers, and wildlife rangers to have jurisdiction to enforce federal and tribal laws This training building a federal case, preparation for Cited in Cardona, 2008, 5 ). The federal prosecutors also communicate d with the tribal prosecutors and justice department about the cases and wh ether the cases should be shared between federal and tribal governments, or if they should be solely federal or solely tribal cases. The most beneficial as pect of this cross deputization was that tribal police ha d jurisdiction over non AI/AN perpetrators. As of 2007, Eid and his team had successfully cross deputized 60 law enforcement officers (Eid, 2007). As a result of this cross crimes trend of federal prosecutors declining cases that happened in Indian Count ry ( Cited in Cardona, 2008, 2 ). Eid suspected his office would ; the cross deputization definitely c a me in handy as federal criminal cases the U.S. attorney's office handle [d] in Colorado involve [d] the Southern Ute and Ute Mountain Ute reservations in the state's southwest corner, hundreds of miles from Denver (Finley, 2007, 1 ). Other Initiatives In addition to legislative and investigative reforms, and d espite the unique barriers AI/AN women continue to face, resources have emerged to help AI/AN communities address and heal from sexual assault victimization. Native healers have provided care for the aftereffects of victimi zation and offer a form of counseling that is comfortable and

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69 familiar to AI/AN women. Most AI/AN communities have cultural ceremonies that offer a source of healing that is familiar to AI/AN women, including talking circles, sweat lodges, and healing cere monies. AI/AN communities also have tribal justice forums that emphasize restorative and reparative approaches to justice rather than the adversarial p 5 ). These forums often focus more on the needs of the victims and community members to seek justice for incidents of sexual assault victimization. An educational initiative also has come from within AI/AN communities. To raise awareness of the violence plaguing AI/AN communities, many AI/AN 1998, p 410 ). Wilma Mankiller, Paula Gunn A llen, and Andrea Smith have become prominent advocates for and educators of AI/AN issues. In fact, Smith cofounded INCITE! Women of Color Against Violence. INCITE that result s from war, police violence, and colonialism, as well as violence within those rese arching political projects, grassroots outreach, organizing rallies, running a grassroots clinic, training women on self defense, and educating about violence and sexual harassment that happens to women of color (INCITE!, 2012) Other education initiative s supported a more respectful perception of AI/AN culture by incorporating AI/AN history into general U.S. history. For example, in 1987 and 1988, the House and Senate Indian Affairs committees introduced resolutions that acknowledged the contributions of the Iroquois Confederacy on the development of the Constitution The resol utions also reaffirmed t he continuing relationship between AI/AN

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70 tribes and the federal government the treaties with the (Library of Congress, 1988). Though symbolic, these resolutions demonstrate how the government is beginning to recognize the contributions of AI/AN peoples to the formation of society, and the need of tribes to be empowered with resources and sovereignty.

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71 CHAPTER V CONCLUSION What Could Be Done to Address the Problem domination, coercion, and control, does not depend on an unrealistic goal of being able to fully describe a utopian society for all at this point in time Nevertheless, we can be part of a collective, creative process that can bring us closer to a society not based on domination Andrea Smith ( 2005, p 191) National Museum of the American Indian, one is overwhelmed by the multiple floors of vases, blankets, canoes, and jewelry, all of these items encased and on display for visitors to walk by and hopefully learn more about the items on display; possibly explore one of the exhibits, such as native athletes in the While all of these items are certainly interesting artifacts in themselves, they are disjointed pieces of historical interest that fail to provide a cohesive picture of the lives of AI/AN peoples, or even one tribe. The artifacts would serve a great purpos e of education if they could supplement an already ingrained knowledge of history that includes AI/AN peoples. Unfortunately, that ingrained knowledge does not exist. Rarely are students immigrating to interaction with its native people for almost two centuries before the Constitutional Grinde & Johansen, 1991, p. 246 ).

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72 Textbooks do mentio n some history of dispossession and cultural genocide AI/AN peoples experienced over hundreds of years. However, rarely does the general public know, understand, or fully sympathize with the problems AI/AN peoples currently face and how those problems are linked to their historical treatment. AI/AN women in particular, with the exception of Sagawea and Pocahontas (and these depictions are often Euro centric, with these women being the saviors of white men and the objects of lust for AI/AN men) (Green, 1975) have found they are excluded from the recounting of U.S. history altogether. The lack of AI/AN presence within history not only silenced AI/AN women, but the silence also suggested that violence against AI/AN women is larger than the issue of the violenc e itself. This erasure of AI/AN women from history and current discourse has created a dehumanization effect that lends itself to the perp e tuation of violence. This dehumanization c ombined with centuries of historical violence, may have ultimately contrib uted to the continuously high rates of sexual violence AI/AN women report. When I was first appalled by the rates of sexual assault AI/AN women experience, my initial intent with this thesis was to analyze why those rates were so disproportionately high. My initial intent was to research how levels of poverty might correlate with the rates of sexual assault. After comparing several variables of data from the National Crime Victimizat ion Survey, h owever, I soon realized why that focus would be very hard to tackle the data is sparse, and the data that is available does not reflect the various factors contributing to the high rates of sexual assault Poverty is measurable and is certainly a contributing factor to the rates. If AI/AN women had greater access to resources and were more visib le within society, then the rates of sexual assault might be

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73 lower. However, poverty is not the only factor. Poverty exacerbates the probl ems AI/AN women experience because of historical inequality but poverty is also one of the many negative result s of historical inequality, particularly of colonialism The resulting institutions of colonialism created jurisdictional and legislative confusion that ma de reservations prime targets for perpetrators of crime, colonialism trauma within AI/AN communities that not only perpetuates levels of poverty, b ut also utions. This caution may also be why data on AI/AN sexual assault victimizations is so sparse and unreliable AI/AN women are afraid to report their victimizations to police, they are leery of reporting t heir experiences to data collectors, and they are afraid to let their victimizations be known even within their own communities. The problem of sexual assault against AI/AN women is staggering, not just for the number of people affected, but also for the factors involved to address the high rates Police forces can be increased, funds can be allocated to enhance SANE training and the sensitivity of health care providers to the indigenous survivors of assault, and bills can be amended to empower tribal cour ts to hand down more effective sentences However, these steps address only some angles of a multi angled issue. These acts do not get at the root(s) of the problem how did the rates of sexual assault become as severe as they did? Are there other factors we still need to address in order to see the rates of sexual assault decrease?

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74 From the studies and information on the issue, one thing is clear: the problem cannot ty and AI/AN peoples We cannot know the true severity of the problem until we fully engage the help of those affected by the problem and make the results of this collaboration widely known Without understanding the histo rical, psychological, economic cu ltural, and social limitations that have left AI/AN women vulnerable to sexual assault, prevented them from reporting their assaults, and prevented the perpetrators from being brought to justice, we can not assume the rates of assault will decrease with sim ple amendments to bills or increased funds for police forces. Legislative Reform To initiate the process of real reform, Democratic and Republican congressional leaders on the Senat e Indian Affairs Committee are discussing how to address the boundary issues that have complicated the prosecutions of sexual assault reports from AI/AN women a s well as the health care treatment of victims Some of the proposed items are legislation and funding that would increase access to SANE programs and trained nurses and more police officers to investigate the reports and patrol reservations (Associated Press, 2007). Increased funds for more and better trained law enforcement (particularly state law enforcement, to provide incentive to pro tect tribes covered by P.L. 280) and for better trained health care professionals would help the victims after the assaults happen. However, these items may not significantly alleviate the rates of sexual assault, nor do they address the root of the proble m and help the prevention of assaults. Funding is certainly helpful. After all, poverty and lack of funding for assistance programs is one of the root causes for the cyclical pattern of sexual assault (Greco &

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75 Dawgert, 2007). However, l evels of funding are unpredictable, and often not enough to provide the resources needed. Even with adequate funding, the root of the problem, the confusion of jurisdictions and the limits placed on tribal courts and law enforcement, still remains. Legisla tion is therefore needed to reduce the confusion of jurisdictions and empower tribal authorities. In their 2007 report, Amnesty International asked that the Indian Civil Rights Act be amended to allow tribal authorities to have jurisdiction over all offend ers of crimes in Indian Country and to impose sentences consistent with international human rights standards (2007) T he Indian Arts and Crafts Amendments Act of 2010 took a step in the right direction by encouraging cooperation between federal, state, and tribal authorities The act also empowered tribal authorities slightly more by increasing the maximum fines and years of sentencing they can impose from one year of impri sonment and a $5 000 fine to three years of imprisonment and a $15 000 fine. However this act is not enough to account for the seriousness of the crimes committed within and outside of Indian Country against AI/AN women. This act also does not empower tri bal authorities to arrest and sentence non Indian perpetrators who commit crimes within Indian Country. Just as the safety of AI/AN women is threatened by the limits imposed by the federal government, the sovereignty of tribal governments, and the tribes o verall is threatened. Feli x Cohen, former assistant solicitor for the Department of the Interior, accused the Bureau of Indian Affairs of perpetuating the colonial relationship between the federal government and AI/AN peoples. Cohen argued that t o break th is relationship of domination establish a healthier relationship between the federal government and AI/AN peoples, and ultimately better protect and serve AI/AN communities, AI/AN self

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76 determination is necessary. This self determination includes allowing tribes to spend their own money as they deem appropriate, operate their own education systems, use and maintain their lands as they deem appropriate, hire their own attorneys for legal matters, and have their legal claims with the federal government settle d as soon as possible (Wilkins, 1993). The Indian Reorganization Act (IRA) attempted to establish some sovereignty for AI/AN tribes by allowing tribes to develop and conserve resources, form business and other organizations, establish a credit fund for economic development, and provide vocational education for AI/AN peoples. While the Act terminated the allotment policy and encourage d cu ltural empathy and the development of education programs, the A ct failed to establish AI/AN economic self determination, as AI/AN communities did not have a sufficient economic base to support the communities (Wilkins, 1993) suggestions for self determination are great starts, but they fail to take into consideration an ess ential part of sovereignty self governance. Without empowerment to protect their communities and sentence offenders accordingly, tribal courts and law enfo rcement lack the ability to function appropriately, and a loophole of violence remains within AI/AN communities. The reauthorization of VAWA aims to empower tribal governments to arrest and charge non AI/AN perpetrators who commit crimes within Indian Coun try although this law is expected to raise concerns over increased sovereignty of tribal courts However, in order for AI/AN communities to fully receive the protection and justice they need, legislation granting increased governmental sovereignty to trib es must pass and tribal courts and law enforcement must have full jurisdiction over what occurs in their communities

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77 Other legislative and collaborative measures could also be considered and passed to significantly impact the rates and treatment of sexual assault victimizations. A recent legal case in Colorado serves as an example of possible future collaborations. I n 2010, a Cortez hospital refused to treat a Ute Mountain Ute woman who said she was raped. Those close to the case claimed a physici because Indian Health Services often failed to reimburse the hospital for the care of indig ent 2012, 11 ). The case highlighted not only the shortchange of federal funding that smaller tribes experience, but the refusal of treatment was also a violation of the Emergency Medical Treatment and Active Labor Act; the Act 2012, 14 ). In fact, the investigation in the case revea led that the hospital long had problem s with refusing to treat AI/AN patients led to a civil rights settlement that became a catalyst for enhanced federal government and tribal cooperation. T ensure tribal members who come off reservations for medical treatment aren't discriminated against ( Lofholm, 2012, 2 ). This case, according to Ernest House Jr., a member of the Ute Mountain Ute tribe, could be how [AI/AN peoples] ac cess health 2012, 7 ). U.S. district attorney Troy Eid also argued the case could textbook example of how states and tr ibes should be wo rking together on tribal rights (Lofholm, 2012, 5 ). Indeed tribes could prove to be the integral part in reforming legislation that not only improves access to health care, but also clarifies the jurisdictional confusion and rectifies the judicial problems that have left AI/AN women so vulnerable to sexual assault.

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78 Judicial Reform Legislative reform should include not only the rectification of current judicial snags, but also the empowerment of tribes to operate their own judicial syst ems. From her interviews with AI/AN victims of sexual assault, Barbara Perry concluded that existin g structures and relationships with law enforcement a have not been able or even intended to radically transform the place of [AI/AN peoples] so that they are recogni[z] ed as valuable and sovereign peoples ( 2009 a p 18 ). Andrea Smith further argued that because sexual violence is a tool of colonialism and patriarchy, the struggle for sovereignty and the struggle against sexual violence are interrelated, as attacks on AI/AN women are attacks on Native sovereignty (Smith, 2005 ). To encourage sovereignty and fully address the violence against AI/AN women P erry suggested the federal government give AI/AN communities power to implement locally relevant ( 2009 a, p 18 ). Research from the Harvard Project on American Indian Economic Development suppo rted The Project conducted research on the effective ness of governments between tribes with more autonomy to govern their own peoples and tribes with less autonomy. nly those tribes that have acquired meaningful control over their governing insti tutions have experienced improvements in local economic and social 2001, p 53 ). a single case of sustained economic development where the tribe [was] not in the driver's seat (Wakeling et. al, 2001, p 48 ) In all the economically stable tribes, the Bureau of Indian Affairs and other federal agencies were demoted from being decision makers to advisors. The researchers on the project concluded that the current situation of AI/AN policing has

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79 the effects of not only reducing tribal control, but also of diffusing acco untability for poor policing. This policing is due to federal agencies the needs and priorities of the tribes (Wakeling et. al, 2001) The Project researchers argu e d that the poor policing could be enhanced not only by empowering tribal authorities, but also by implementing community policing a process by which communities lend their authority to the police enterprise, see their norms and values reflected in the p olice mission, address crime. In turn, the strategy enhances the capacity of police to address crime and to help communities become strong, independent, and resourceful ( Wakeling et. al, 2001, p 54 ) By incorporating communi ty values and needs into the mission of law enforcement, not only is the credibility of the law enforcement enhanced, but the community is also more receptive to working with the police to report and prevent crime. This incorporation of community values co uld include having local elders accompany responding officers to a The challenge is to create workable, nation specific policing institutions and approaches informed by traditional customs because they lay the best foundation for improving safety, p reventing crime, and promoting the practice of effective policing in Indian Country ( Wakeling et. al, 2001, p x ) In order to empower tribes to implement law and justice they deem relevant for their communities, legislation must be amended to clarify jurisdictions and remove tribes from under federal (and sometimes state) jurisdiction. However, a s the troubles that faced the VAWA reauthorization demonstrated legislation granting tribal courts and la w enforcement more jurisdictional power may b e controversial and therefore challenging to introduce and enact To act as a temporary solution, t he cross deputization program Eid

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80 and his team implemented in Colorado could be launched nationwide to patrol and protect tribal territories more effectively as least until legislation fully empowering tribal governments to investigate any crimes within their territory by any perpetrator is enacted. This program could also supplement other possible short term programs to improve the current policing of reserv ations. For example a ll law enforcement bodies, prosecutors, courts and health service providers could develop policies and protocols of accountability, including transparent grievance systems, through which AI/AN women survivors of sexual violence can f ile complaints of inappropriate conduct. Under these grievance systems, l aw enforcement officials who fail to act on reports of sexual violence or to have carried out biased or inadequate investigations would be held accountable and have appropriate action s taken against them (Amnesty International, 2007) Many AI/AN communities have also requested restorative and reparative approaches to justice be taken into consideration when investigating and prosecuting offenses. These approaches would happen within an d outside of the court systems and could consist of healing circles and amends made (financially, emotionally, and mentally) by the perpetrators to the affected families in order to bring balance and healing back to the victims and the community (Futures w ithout Violence, 2013). Restorative and reparative approaches to justice could assist with misdemeanor and even some felony crimes but for violent crimes such as rape and murder, it is unclear how restorative approaches to justice would work. Nevertheless it is important in non violent cases to consider whether removing the offender from the situation and placing them in another potentially damaging situation, like prison, is the best method of handling those cases in

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81 AI/AN communities, especially as such removal co nflicts with the communal belief s of those communities. Educational Reform In addition to the current solutions and the proposed recommendations from Andrea Smith, INCITE! Women of Color Against Violence, Amnesty International, and Sherry Hamby, there is a need to address the root of the problem history. The h istory of racism and inequality continues to perpetuate the severity of the sexual assaults AI/AN women experience. Just as it would for th e legislative and judicial factors, addressing the history of violence would require a multifaceted approach. A large component of addressing this history lies within the education system. If all we know of AI/AN peoples is the history of violence they hav e experienced and nothing of what they currently experience and all we know of AI/AN w omen are Pocahontas and Sagawea, then how can we as a society address the prob lem of sexual assault ? How can there be an incentive to increase funding for training law e nforcement (tribal and federal) and demand the restructure of programs addressing and treating sexual assault against AI/AN women when there is a lack of knowledge about the problem, about the women, about their societ ies and why we should even address th e issue at all? Amnesty International argue d there is a need to promote education that discusses the nature of violence AI/AN peoples experience as a result of colonialism and globalization, as well the relationships they currently have with the government and larger society (2007) There is also a need to discuss the culture s of AI/AN peoples as they did and currently exist. Educational curriculums on AI/AN peoples frame AI/AN history as a sad one, where AI/AN tribes were conquered and their culture was erased

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82 al curriculums should discuss however, is how rich that culture was and still is and how AI/AN peoples have influenced the structure of society Not only is the re telling of history from all sides importa nt in the larger picture we convey to future generations but education also has the effect of humanizing. Humanizing AI/AN peoples, and in particular AI/AN women may have the impact of de objectifying women, giving them a voice within history and even wi thin prey to high rates of sexual assault. This humanizing may also elicit drives to revamp legis lation to empower tribal courts and federal courts to better protect A I /AN women. Not only must AI/AN history be incorporated into the teaching of American history, but historians also need to consult AI/AN peoples from various tribes for input on retelling and publishing that history (Wilson, 1998 ). It would be deemed poor scholastic research to ignore the transcripts or personal anecdotes of the people involved in historical occurrences (e.g. excluding Chinese stories and transcripts from Chinese history, excluding German literature and accounts o f history from German h istory), but for some reason, it has become acceptable in the field of AI/AN history to exclude the oral stories passed down from generation to generation of AI/AN peoples [W]hile archival materials may offer a glimpse into the wor ld view of Native people, the degree to which they can provide information on the American Indian half of the equation is (Wilson, 1998, p. 4 ). Academic works should at least be reviewed and approved by AI/AN peopels in order to be deemed scholastically worthy of representing AI/AN history.

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83 The reform of education to incorporate AI/AN peoples, and in particular AI/AN women, is important because according to Devon Mihesua the past to the present, which is why we should be writing history in the first p ( 1998, p 1 ). The current rates of sexual assault against AI/AN women is connected with what happened to AI/AN women in the past, so in order to address the current rates, we must look to the historical roots of the problem. We must also acknowledge the differences and intricacies that exist between AI/AN women of dif ferent regions and tribes. While AI/AN women share the commonalities of gender and struggles against colonialism, they differ in values, social systems, religion, experiences, and even their definitions of AI/AN identity, and all of these traits have evolv ed over time. AI/AN women have helped their respective tribes and families to survive economic, social, feelings and emotions of Indian women, the relationships among and between them, and their observations of non 1998, p 7 ). That last point is key AI/AN history is filled with the observations Euro American colonists made of AI/AN peoples, and even a few observations from AI/AN men. AI/AN women are rarely inclu ded in history, or even AI/AN history, and when they are, their experiences and knowledge, and ultimately their voices are missing leaving the history impersonal and incomplete. This reincorporation of AI/AN peoples into U.S. history would also challenge Cox, 2008, p 2 ). Allowing education to challenge the preconceived attitudes toward AI/AN communities, and particularly AI/AN women, challenges the stereot ypes, racism, and general notion that violence against AI/AN women is allowable because historical

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84 circumstances made it allowable. Expanding history to retell more than the stories of the the n become a lesson on the devastation that racism, war, greed, and violence have on society and the moral and ethical foundations of people. Research Reform Hand in hand with educational reform is a reform in research. In order to educate on the issues affe cting AI/AN peoples, particularly women, research must be reformed to enhance the knowledge base of the issues. David Wilkins argu ed that current data does not provide a complete depiction of the unique and difficult position AI/AN peoples face and have faced throughout history. To Wilkins, this lack of understanding may result from questions and research strategies currently x for single theories ( 1993, p 22 ). While one theory, or even a mixture of theories, cannot account for the complexity and the history of violence AI/AN women face, what can be done is to provide more extensive data on the issue. This data, qualitative and quantitative, can be collected through the ( 1993, p 22 ). Some of these questions could include: 1. What conditions, politically, economically, socially, a nd culturally, must be established in order for tribes to become sovereign, i.e. self governing? 2. How do the current relationships between government agencies and tribes affect the structure of tribal institutions? 3. over AI/AN land and tribal government affect AI/ AN sovereignty? (Wilkins, 1993) Wilkins argued the research resulting from these questions would enhance a knowledge base that serves several functions. First, while AI/AN peoples currently represent less tha n 1 percent of the population, knowledge about their history and current issues

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85 experiences in a capitalistic economy, and the resulting poverty that has left them vulnera ble in many aspects, would depict oppression that contradicts labor market ideals of equal rights for all; their stories would highlight what economic and social needs are going unmet for many people Finally, these studies would provide insight into what conditions are needed (and what conditions harm efforts) to alleviate poverty, enhance community growth, and develop as a society. These studies may also shed light on why some reservations are more successfully autonomous than others that suffer from expl oitation (such as the current exploitation of AI/AN lands for energy resources) dependency, and patriarchy (1993). In addition to a reform in the research questions used, a reform in research needs to include a larger mixture of AI/AN and non AI/AN resea rchers. Some AI/AN victims of sexual assault may find it difficult to retell their victimizations to white (or other races of) researchers whom the victims may be leery to trust. On the other end, AI/AN victims may be hesitant to tell their victimizations to AI/AN researchers whom the victims may fear are too closely associated with the AI/AN communities (and details of the victimizations therefore finding their way around the often small AI/AN communiti es). This mixture of researchers should also involve a mixture of study types, qualitatively and quantitatively. The NCVS while collecting the largest data on AI/AN victimizations of crime, also does not account for the causes of those crimes. In other words, the NCVS does not account for the unique histories of AI/AN tribes, nor does it account for AI/AN peoples who do not have access to phones and cannot participate in the survey, or victims who may be leery of the researchers and may not answer the

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86 qu estions or not answer them truthfully. The quantitative data of the NCVS could therefore be supplemented by qualitative data, such as focus groups that include the telling of experiences. Qualitative data could also include European Americans attending AI/ AN political rallies to experience first hand what it is like to be a statistical minority, what it is like to not know the appropriate social behavior or catch all of the jokes, what it is like to be regarded with uncertainty or suspicion about the reaso ns for your presence, and what it is like to hear frequent references to the problems cau sed by your own cultural group [ This observational data could ] promote more culturally congruent violence research ( Hamby, 2000 p 19 ) The qualitative data could, in turn, be supported through more quantitative data, such as comprehensive data on the number of sexual assault cases referred for prosecution, the number declined by prosecutors, and the reasons why those cases were declined ( Amnesty International, 2007). This data will inform activists, AI/AN communities, and the federal government on what programs need to exist and be reformed to understand the continuum of violence and strategically address it (Amnesty International, 2007). A national study on sexual violence in Indian Country was mandated by Congress in 2004. However, the study remains unfinished because the Justice Department argued the $2 million allocated for the study was insufficient (Williams, 2012). To thoroughly exam ine the issues behind sexual assault of AI/AN women, agencies need adequate funding to conduct these studies. Cultural Reform Educational, legislative, judicial, and research reforms are also cultural reforms that must happen in order to affect predominant U.S. culture and alleviate the severity of violence against AI/AN women For instance, e ducation and research reforms create a more educated and culturally sensit i ve society. Although no European American can

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87 entirely escape his or her dominant ethnic position, it is perhaps possible to at least Hamby, 2000 p 19 ) Also, b ecause issues of race, class, gender and colonial ism cannot be separated, strategies to address violence against women of color need to account for their particular histories and the dynamics behind the violence (Smith, 2005 ). Education on the relationship between the dynamics, and [i] nterpreting the vulne rabilities of Native women within the context of their historic and contemporary oppression while capitalizing on their strengths represents an indigenist perspective that will assist public health researchers and practitioners in promoting the individual health and well being of [AI/AN] women and, ultimately, the health and well Walters & Simoni, 2002, 29 ). In addition to education and research initiatives, programs that directly treat AI/AN victims of sexual assault are example s of cultural reform Increased funding and access to mental and physical health programs are a first, though n ot all en compassing, step to treating victims. Another, and more important, step would be to make these pro grams culturally relevant to AI/AN survivors of assault. While there were over 500 federally recognized tribes, only 26 native specific shelters existed in 2003 ( Mending the Sacred Hoop Technical Assistance Project, 2003) (Although many women are finding that shelter options alone cannot provide stability and create opportunities when leaving abusive situations. Many argue that longer term housing and more affordable housing needs to be established as well) [ Futures witho ut Violence, 2013 ] Without the establishment of programs, and cultural reforms to these programs, these programs (and

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88 marginality of women and would ultimately be ineffe ctive in ending the cycle of abuse and treating the adverse health outcomes that result from it ( Koci & Strickland, 2009, p 13 ). Unfortunately, the mapping of the best approaches to healing AI/AN sexual Because AI/AN peoples are not a homogenous group, the formati o n of specific guidelines to a culturally appropriate treatment program becomes complicated. While it may be frustrating for treatm ent providers to tailor programs to individual communities, the tailoring of programs and analyses of communities is necessary (Hamby, 2000). Some AI/AN cultures offer more power to women, while others have been under the influence of patriarchal ideolog y for hundreds of years. dimin i sh the credibility of the programs and inhibit the ability of those programs to provide the best treatment (Hamby, 2000 p 17 ). To tailor programs to the needs and cultures of the victims, guidelines and advice guided by the survivor rather than the ag ency or Cox, 2008, p 4 ). Some of the services AI/AN survivors commonly request are informal meetings or home visits. These meetings and visits would not only take ca r e of the barriers survivors face, such as child care or transportation, but they would also alleviate funding issu es for providing child care and transportation to survivors to access these services (Cox, 2008). Resources could also be collaborative between federal and tribal programs. In addition to saving funds that may have been cut anyway, this collaboration of re sources may minimize re traumatization on survivors who have to

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89 repeat their victimizations to several services, as well as offer holistic treatment for sexual assault (Cox, 2008). Holistic treatment is important in the reformation of cultural programs. Because t he formation and reform ation will always be a continual learning process for everyone involved AI/AN communities, the federal government, and other AI/AN services need to be engaged in the process of updating and changing services ( Cox, 2008, p 5 ). The family and community of survivors, and general society all have the ability to other traumas (Cox, 2008, p 1 ). These programs will need to increase attention to how value systems such as family and spiritualism, discrimination, and poverty impact the experiences of the victim and her family (Willmon Haque & BigFoot, 2008). Some advocates of program reformation suggest t raining more AI/A N psychologists to counsel y avoid a subtle but profound Western cultural proselytization in their therapeutic service to native clients and their communities (Willmon Haque & BigFoot 2008, p 10 ). For example, talking therapies commonly used to aid white rape victims in narrating their experiences at first seemed agreeable to AI/AN community programs, as turning experiences into stories was often a common practice in AI/AN communitie s. However, some AI/AN victims found these stories hard to tell to their treatment providers. Not only were the experiences hard emotionally to tell, but sometimes the victims found their relating of the experiences not to attempts to the pain to protect the cause of ending discrimination against AI/AN peoples, some AI/AN called for a reevaluation of reservation and

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90 reserve beliefs about what was appr opriate to say about your own f amily and Million, 200 8 p 5 ). This is when the advanta ges to outside participation confidentiality with outsiders. Such factors should be considered and be openly p 18 ). Outside assistance and education initiatives are certainly necessary to address the problems contributing to the sexual assault rates from the outside in. However, understanding and action mus t also come from the inside out. After all, outside perpetrators are significant players on the rates, but they are not the only players. AI/AN women on reservations reported intimate partner violence at rates exceeding any other group of women. A 2004 Jus tice Department report estimates the report rates to be almost 50% higher than then next most victimized group (Perry, 2004). Over one in five (or 20.9%) of AI/AN women also reported they had experienced intimate partner rape at least once in their lives ( Malcoe & Duran, 2004). While these intimate partners could include AI/AN and non AI/AN men alike part of the problem is clearly internal and so the violence must be addressed internally as well as externally. While AI/AN men have contributed to the violen ce, AI/AN men themselves have admitted their role in the fight against violence toward AI/AN women has been lacking. Russell Means, for instance, that AI/AN men could lead the fight to stop violence against AI/AN women (Langston, 2003, p. 124). More must therefore be done in AI/AN communities to stop the violence internally and to address the external violence.

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91 Despite the admittedly lackluster role AI/AN men have played in the fight against violence towards AI/AN women, AI/AN women have long been at the forefront of programs to bring awareness to and stop the violence against AI/AN women. AI/AN women were and are responsible for maintaining culture and ca ring for future generations, and they have carried this role over to their initiatives against violence. They have created educational programs on domestic violence prevention, sexual health, and suicide awareness. Many AI/AN women are also getting their p ost secondary education and in turn helping and teaching their families (Popick, 2006). Many AI/AN communities are also creating local programs to promote well being c ongruent within their communities (Willmon Haque & BigFoot, 2008) Localized consortiums and tribal colleges are advocating healthie r living and mobilizing against violence within AI/AN communities by offering courses in mental health and creating locally available services for victims of violence. Programs like Sacred Hoop Journeys and Wellbr iety Movements have offered addiction, sobriety, and violence prevention services; and the Sacred Circle National Resource Center to End Violence Against Women has committed to community mobilization and increasing [international] awareness on the harm toward AI/AN women and children Many AI/AN organizations have realized that system changes to tribal structures research and the treatment of communities requires more than what mental health providers can offer (Willmon Haque & BigFoot, 2008, p 13 ) AI/AN community involvement is essential to address not just the addi c tions and violence coming from within and outside of the communities, but to also treat ocusing we are not alcoholics or drug addicts but we suffer from a soul wound that needs to be healed

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92 AI/AN peoples can then heal [their] ancestors that have been caught in the suffering they were never able to heal in their Olsen, 2010, 16 ). This would also prevent future generations of AI/AN peoples from experiencing the violence and the often resulting addictions that anesthetize the trauma (Olsen, 2010)

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103 http://www.uihi.org/wp content/uploads/2010/05/AIAN Women's Health Report.pdf Venetis, P (2011). Making Human Rights Treaty Law Actionable in the United States: the Case for Universal Implementing Legislation. Alabama Law Review 63( 97 ) Retrieved from: http://www.law.ua.edu/pubs/lrarticles/Volume%2063/Issue%201/3 Venetis.pdf Wa keling, S ., Jorgensen, M., Michaelson, S., & Bengay, M (2001). Policing on American Indian Reservations: A Report to the National Institute on Justice. U.S. Department of Justice, National Institute of Justice. Retrieved from: http://babel.hathitrust.org/cgi/pt?id=mdp.39015053504315#page/i/mode/1up Walker, C. (2007). Violence aga inst women prom pts many Rosebud Suicides. News from Indian Country Retrieved from: http://indiancountrynews.net/index.php?option=com_content&task=view&id=132 4&Itemid=33 Walls, M., & Whitbeck, L. (2012). The Intergeneratio nal Effects of Relocation Policies on Indigenous Families Journal of Family Issues September 2012, 33 ( 9 ) 1272 1293. Retrieved from : http://0 jfi.sagepub.com.skyline.ucdenver.edu/content/33/9/1272.full.pdf+html Walters, K. & Simoni, J (2002). Reconceptualizing Native Health: An Indigenist Stress Coping Model. American Journal of Public Health 2002; 92(4): 520 524. Retrieve d from: http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1447108/ Warren, K (1993). A Feminist Philosophical Perspective on Ecofeminist Spiri tualities. Ecofeminism and the Sacred 1 st Edition. ed. Carol A dams, Continuum. New York, NY Weaver, H (2009). The Colonial Context of Violence. Journal of interpersonal violence (0886 2605), 24 (9), (September 1, 2009) 1552. Weyl, B. (2010). House Clears American Indian Crime Bill. CQ Today Online News Legal Affairs. Retrieved 7/22/10 from http://www.cq.com/doc/news 3706507 Wilkins, D. E. (1993). Modernizatio n, colonialism, dependency: How appropriate are these models for providing an e xplanation of North American Indian 'underdevelopment'? Ethnic & Racial Studies 16(3), 390 419. Retrieved from: http://0 web.ebscohost.com.skyline.ucdenver.edu/ehost/detail?sid=5f22c791 aaa9 46a4 8854 946a82ac22a3%40sessionmgr104&vid=3&hid=126&bdata=#db=i3h&AN=93101 23810

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104 Williams, T. (2012). For Native American Women, Scourge of Rape, Rare Justice. New York Times Retrieved from: http://www.nytimes.com/2012/05/23/us/native americans struggle with high rate of rape.html?pagewanted=all&_r=0 Willmon Haque, S ., & BigFoot, S. (2008). Violence and the Effects of Trauma on American Indian and Alaska Native Populations. Journal of Emotional Abuse 8(1) 51 66 http://0 www.tandfonline.com.skyline.ucdenver.edu/doi/pdf/10.1080/10 92679080198241 0 Wilson, A ( 1998 ) American Indian History or Non Indian Percepti ons of American Indian History University of Nebraska Press. Lincoln and London. Retrieved from: http://0 www.jstor.org.skyline.ucdenver.edu/stable/pdfplus/1184936.pdf?acceptTC=true Women of Colo r Network (2006). Sexual Violence in Communities of Color. Retrieved from: http://womenofcolornetwork.org/docs/factsheets/fs_sexual violence.pdf Yurth, C (2006). Long history results in checkerboard. Navajo Times Retrieved from : http://0 search.proquest.com.skyline.ucdenver.edu/docview/225298163

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105 APPENDIX T a b l e 1 A Complete Chart of Juri s dictions A. Where the jurisdiction has not been conferred on the state Offender Victim Jurisdiction Non Indian Non Indian State jurisdiction is exclusive of federal and tribal jurisdiction. Non Indian Indian Federal jurisdiction under 18 U.S.C. § 1152 is exclusive of state and tribal jurisdiction. Indian Non Indian If listed in 18 U.S.C. § 1153, there is federal jurisdiction, exclusive of the state, but probably not of the tribe. If the listed offense is not otherwise defined and punished by federal law applicable in the special maritime and territorial ju risdiction of the United States, state law is assimilated. If not listed in 18 U.S.C. § 1153, there is federal jurisdiction, exclusive of the state, but not of the tribe, under 18 U.S.C. § 1152. If the offense is not defined and punished by a statute appli cable within the special maritime and territorial jurisdiction of the United States, state law is assimilated under 18 U.S.C. § 13. Indian Indian If the offense is listed in 18 U.S.C. § 1153, there is federal jurisdiction, exclusive of the state, but prob ably not of the tribe. If the listed offense is not otherwise defined and punished by federal law applicable in the special maritime and territorial jurisdiction of the United States, state law is assimilated. See section 1153(b). If not listed in 18 U.S.C § 1153, tribal jurisdiction is exclusive. Offender Victim Jurisdiction Non Indian Victimless State jurisdiction is exclusive, although federal jurisdiction may attach if an impact on individual Indian or tribal interest is clear. Indian Victimless There may be both federal and tribal jurisdiction. Under the Indian Gaming Regulatory Act, all state gaming laws, regulatory as well as criminal, are assimilated into federal law and exclusive jurisdiction is vested in the United States.

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106 B. Where jurisdiction has been conferred by Public Law 280, 18 U.S.C. § 1162 Offender Victim Jurisdiction Non Indian Non Indian State jurisdiction is exclusive of federal and tribal jurisdiction. Non Indian Indian "Mandatory" state has jurisdiction exclusive of federal and tribal jurisdiction. "Option" state and federal government have jurisdiction. There is no tribal jurisdiction. Indian Non Indian "Mandatory" state has jurisdiction exclusive of federal government but not necessarily of the tribe. "Option" stat e has concurrent jurisdiction with the federal courts. Indian Indian "Mandatory" state has jurisdiction exclusive of federal government but not necessarily of the tribe. "Option" state has concurrent jurisdiction with tribal courts for all offenses, and c oncurrent jurisdiction with the federal courts for those listed in 18 U.S.C. § 1153. Non Indian Victimless State jurisdiction is exclusive, although federal jurisdiction may attach in an option state if impact on individual Indian or tribal interest is cl ear. Indian Victimless There may be concurrent state, tribal, and in an option state, federal jurisdiction. There is no state regulatory jurisdiction.

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107 C. Where jurisdiction has been conferred by another statute Offender Victim Jurisdiction Non Indian Non Indian State jurisdiction is exclusive of federal and tribal jurisdiction. Non Indian Indian Unless otherwise expressly provided, there is concurrent federal and state jurisdiction exclusive of tribal jurisdiction. Indian Non Indian Unless otherwise expressly provided, state has concurrent jurisdiction with federal and tribal courts. Indian Indian State has concurrent jurisdiction with tribal courts for all offenses, and concurrent jurisdiction with the federal courts for those listed in 18 U.S.C. § 1153. Non Indian Victimless State jurisdiction is exclusive, although federal jurisdiction may attach if impact on individual Indian or tribal interest is clear. Indian Victimless There may be concurrent state, federal and tribal jurisdiction. There is n o state regulatory jurisdiction. (Offices of the United States Attorneys, 689).

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108 T a b l e 2 A Simplified Chart of Jurisdictions Tribal, Federal, and State Jurisdiction Tribal Criminal Jurisdiction General Scope of Criminal Jurisdiction in Indian Country* Type of Crime "Major" Crime (as defined by Major Crime Acts) All Other Crimes Indian perpetrator, Indian victim Federal (under Major Crimes Act) & Tribal jurisdiction Tribal jurisdiction Indian perpetrator, Non Indian victim Federal (under Major Crimes Act) & Tribal jurisdiction Federal (under General Crimes Act) & Tribal jurisdiction Non Indian perpetrator, Indian victim Federal (under General Crimes Act) jurisdiction Federal (under General Crimes Act) juri sdiction Non Indian perpetrator, Non Indian victim State jurisdiction State jurisdiction This general criminal jurisdiction chart does not apply to jurisdiction where Public Law 280, 18 U.S.C. 1162, or other relevant federal statutes, have conferred j urisdiction upon the state. (Tribal Law and Policy Institute, 2011)