Here. Also includes mention of a law review article by Brent Leonhard, which we posted about here.
violence against Indian women
NCAI Release in Support of Senate Version of VAWA
NCAI Reiterates Support for Senate Version of Violence Against Women Act;
Letter to Leahy and Crapo Calls for No Harmful Amendments to S.47
NCAI Policy Research Center Releases Brief on Violence Against Women Statistics
Washington, DC – In a letter sent to Senators Leahy and Crapo this morning, the National Congress of American Indians’ (NCAI) Taskforce on Violence Against Women expressed strong opposition to any harmful amendments offered to the Senate legislation to reauthorize the Violence Against Women Act (VAWA). In the letter to the Senate co-authors of the legislation, NCAI expressed unified opposition to amendments to VAWA that would strip tribal jurisdiction provisions or alter the current language in S. 47 in a harmful manner.
The letter sent by NCAI Task Force co-chairs Juana Majel Dixon (Pauma Band of Mission Indians, CA) and Terri Henry (Eastern Band of Cherokee Indians, NC) can be downloaded here, and highlights examples of amendments which the organization opposes:
“Amendments which place more funding in the hands of federal authorities will not address…local need. We believe strongly that local government is the best government for addressing public safety concerns. For example, an amendment is being offered today which would require that tribal governments petition a U.S. District Court for an ‘appropriately tailored protection order excluding any persons from areas within the Indian country of the tribe.’ This level of procedure for an intimately local issue is not practical and will do little to improve matters on Indian reservations. Tribal courts are the appropriate venue to issue such protection orders.
Also, tribal courts and authorities are the appropriate triers of fact for domestic violence matters conducted on Indian reservations. The federal system has proven ineffective in many respects, but none as detrimental to the backbone of a community as the area of domestic violence against Native women. Further many tribal courts operate in much the same manner as state courts, albeit with smaller dockets and lesser degrees of crime as their sister governments: state and federal courts. Also, all tribal courts are bound by the Indian Civil Rights Act, which, as amended, guarantees all of the constitutional rights non-Native defendants have in state courts.”
Additionally, NCAI’s Policy Research Center released today a new Policy Insight Brief titled, Statistics on Violence Against Native Women. The brief aims to provide detail on previously reported statistics and original sources of data used often in policy discussions, specifically focusing on the context in which the disproportional violence against Native women happens. The brief synthesizes data and provides context for critical tribal provisions of S. 47:
“From what we know about the high rates of intimate partner violence against Native women, about the fact that assaults against Native women tend to take place at private residences, about the reports from Native women of perceived perpetrator race, and about the high rates of interracial marriage and unmarried partners of Native women, it is clear that violence against Native women tends to be perpetrated by non-Native men.”
Crosscut: “Revictimizing Native Women for Political Purposes”
Here.
An excerpt:
Early this week, two U.S. House Representatives members and the Tacoma News Tribune took clear stands against protecting women from sexual assault. Representatives Todd Akin, R-Missouri, and Steve King, R-Iowa, did so by promoting the concept of “legitimate rape.” The News Tribune did so by attacking the only real hope for combating the national pandemic of violence against Native women.
As originally passed by the U.S. Senate, the Violence Against Women Act reauthorization legislation would allow tribes to exercise limited criminal jurisdiction over certain non-Indians who violate Native American women on Indian reservations. Tribes would be required to provide all rights accorded to defendants in state and federal court, and federal courts would have authority to review tribal court decisions that result in incarceration. The legislation would not raise the one-year maximum sentence that tribal courts can impose. The GOP-controlled House, however, omitted the protections for Indian women in its version of the bill.
Among those voting to omit the tribal protections were vice presidential candidate Paul Ryan, U.S. Senate candidate Akin, and House Republican King. In an interview originally broadcast on Sunday, Akin suggested that an abortion would be unnecessary in the instance of a “legitimate rape” because apparently only non-legitimate rape leads to pregnancy — whatever that means. Chiming in agreement, fellow House Rep. King said that he’s never heard of a girl getting pregnant from statutory rape or incest. While Akin and King quickly recanted, they cannot as simply withdraw their votes against the Senate’s proposed protections for abused Native women.
Sens. Markey and Boren Call for Hearing on Rape in Indian Country
Here.
NYTs on “Scourge of Rape” in Indian Country
Here.
Additional VAWA Reauthorization Materials
Here is the Administration’s policy statement on the VAWA reauthorization, largely opposition to the House version.
And here is the House Judiciary Committee Report on the H.R. 4970, VAWA Reauthorization (HRPT-112-HR4970cj). According to the Report, “The justification for why these [tribal] provisions are necessary is also questionable. Proponents of these provisions tout unverifiable statistics about the rate of non-Indian violence against Indian women on Indian land…”
VAWA’s Tribal Provisions Better Protect Native Women Locally
On May 8th, the House Judiciary Committee marked up and passed H.R. 4970, a stripped-down Violence Against Women Reauthorization Act (VAWA) that excludes a number of key provisions found in the Senate bill, including those bearing on the safety of Native women and communities. Get informed! Visit www.indianlaw.org for more information on how to get involved.
The full House of Representatives is expected to vote on its VAWA reauthorization bill soon — as early as mid week.
Commentary: Using the UN Declaration to End the Epidemic of Violence Against Native Women

The UN Declaration on the Rights of Indigenous Peoples signals a new means to change federal law and policy to restore safety to Native women, to strengthen Indian nations and advance their jurisdiction over crimes within their territories, and to end the cycle of violence in Native communities.
The right to be safe and live free from violence is one of the most fundamental and important human rights recognized internationally. Continue reading
Utah Domestic Violence Council Economic Justice and Empowerment Project Final Report
Here, via SSRN.
From the report (author, Dr. Rebecca Hall):
This report provides a record of the work I performed as the Economic Justice Coordinator for UDVC between January 2010 and April 2011. It is designed to be useful for any DV advocate who is approaching issues of economic empowerment and justice at the systems level. Most of the work completed is folded into the narrative, particularly in the assessment and contact sections. Rather than creating a list of projects completed, I incorporated this information topically were it would be of most help to someone using this report in the future. There is a resource section at the end, which is by no means comprehensive. I focused on the resources and contacts that are not already well-integrated into UDVC’s collaboration and referral structure. Also, the Economic Empowerment Curriculum provides a more comprehensive topical discussion of resources, which this report merely complements. These two projects should be used in conjunction with each other. Further, I left folders on the UDVC’ shared drive which contains policy articles and discussion of many of the substantive areas of Economic Justice and Empowerment. I have appended a brief summary of the trainings, and will attach in hard copy the lists of those trained and their contact information
Indian Law Resource Center Video: “To the Indigenous Woman”
From the ILRC:
Please visit our website at www.indianlaw.org and share our new video, “To the Indigenous Woman,” which is intended to raise awareness and help end violence against Native women. If you click on the Take Action button, you will also find our first video, “Three Little Indians,” released about two weeks ago, along with oither resources and live testimony from our recent thematic hearing on violence against Native women before the Inter-American Commission on Human Rights. Ryan Red Corn (Osage), with the help of the 1491s, developed the videos for us.
As you may know, on Thursday, November 10, 2011, the Senate Committee on Indian Affairs held a hearing on S. 1763, the SAVE Native Women Act, recently introduced by Chairman Akaka. The hearing will be viewable by live webcast at http://indian.senate.gov/hearings/.
Thank you.
Jana
Jana L. Walker
Indian Law Resource Center
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