Every year, Domestic Violence Awareness Month (DVAM) sheds light on victim survivors of domestic and sexual violence. We uplift heart wrenching stories and marvel at the resilience of Native women and girls. Having endured colonization, Native women and advocates are speaking up to reclaim justice – one piece at a time.
Despite these devastating statistics, Native women have found their voice and are asking for justice.
“These statistics demonstrate a lack of accountability,” said CEO Lori Jump, StrongHearts
Native Helpline. “When court jurisdiction is shared between Tribal, state and federal
governments, and access to justice relies upon race, type of crime and where it occurred –
perpetrators often escape prosecution.”
A Picture of Perpetrators
The National Institute of Justice painted a picture of perpetrators who victimize Native people
when a study revealed that a whopping 97 percent of women identified the perpetrator as
non-Native. Similarly, 90 percent of men identified non-Natives as perpetrators. (Rosay, 2016).
Sadly, one third of Native women and men identified the perpetrator as being Native – 35
percent of female victims and 33 percent of male victims.
These devastating statistics are in no small part due to antiquated laws and a complicated legal system with court jurisdiction hanging in the balance. At the core of the issue is a 1978 supreme court ruling Oliphant vs Suquamish that held Tribes do not have criminal jurisdiction over non-Natives.
“The ruling established a form of non-Native immunity in the judicial system and essentially denied Tribal people equal access to justice,” Jump explained. “The ruling couldn’t have been worse and for more than 35 years, Native women and girls have borne the impact of that tragic decision.”
Against the odds, Native women and their allies challenged Congress to restore some form of
Tribal court jurisdiction so that perpetrators could be held accountable. It was their tenacity and
testimony that inspired Congress to take action.
Partial Restoration of Jurisdiction
Violence Against Women Act (VAWA 2013) was reauthorized to included a historic provision
that recognized the inherent authority of “participating Tribes” to exercise “special domestic
violence criminal jurisdiction” (SDVCJ) over certain defendants, regardless of their Indian or
non-Indian status, who commit acts of domestic violence or dating violence or violate certain
protection orders in Indian country.
“Survivors and advocates achieved what many thought impossible – to reclaim and restore a piece of Tribal sovereignty,” Jump said.
In 2022, VAWA (1994, 2005, 2013, 2022) Congress restored another piece of court jurisdiction when they amended a provision to recognize “Special Tribal Criminal Jurisdiction” (STCJ) over an expanded list of “covered crimes” with additional provisions:
- Add Alaska Tribes to participating in the an STCJ Pilot Program,
- Add formal authorization for the Tribal Access Program (TAP), and
- Re-established the U.S. Bureau of Prisons (BOP) Tribal Prisoner Program.
StrongHearts Native Helpline applauds the work of survivors and advocates as their stories inspire Congress to continue its progression in the restoration of Tribal sovereignty. It is because of their perseverance that StrongHearts advocates can provide support and advocacy that honors the culture of Native American and Alaska Natives.
Native American History
It is important to recognize that our relatives are struggling to heal from generations of trauma
stemming from colonization, forced relocation, genocide, the abduction of children and babies
carted off to more than 350 government-funded boarding schools and countless non-Native
foster homes which caused irreparable harm to Native American and Alaska Native
communities.
“When we call attention to Domestic Violence Awareness Month, we must not forget the path Tribal nations have been on for centuries,” concluded Jump. “Until Native American history is told in truth and totality we must continue to tell our stories of triumph over trauma.”
