Abstract
Disproportionate levels of violence, disappearance, and murder are endemic among Indigenous women in the United States (U.S.). The prevalence of such violence has persisted for centuries, with little direct action taken to elevate the issue, protect Indigenous women, and hold individual and systemic perpetrators accountable. As a result, Indigenous women in the U.S. face various forms of violence at 2.5 times the rate of non-Indigenous women, with murder being the third leading cause of death. A staggering 94% of Indigenous women experience sexual violence in their lifetime (Urban Health Institute, 2019). Through an analysis of existing and new legislation aimed at addressing the issue of violence against Indigenous women, we reveal the ways in which policies have fallen critically short of achieving this mission, highlight the strengths of recently enacted legislation, and provide recommendations for implementation in order to truly prevent violence, and therefore to protect and empower Indigenous women.
Highlights
Disproportionate levels of violence, disappearance, and murder are endemic among Indigenous women in the United States (U.S.)
Through an analysis of existing and new legislation aimed at addressing the issue of violence against Indigenous women, we reveal the ways in which policies have fallen critically short of achieving this mission, highlight the strengths of recently enacted legislation, and provide recommendations for implementation in order to truly prevent violence, and to protect and empower Indigenous women
Whereas non-Indian perpetrators are “above the law” (Creppelle, 2020, p. 1) in territories where the Special Domestic Violence Court Jurisdiction (SDVCJ) is not in effect—that is, they cannot be prosecuted by tribes for crimes committed in Indian country—the provision ensures that all perpetrators of violence are appropriately held responsible for their crimes, which, most pressingly include violence against women (Creppelle, 2020)
Summary
Disproportionate levels of violence, disappearance, and murder are endemic among Indigenous women in the United States (U.S.). Provisions were added to restore tribal criminal authorities to target and address violence inflicted upon Indigenous women and girls by non-Indian perpetrators on tribal land This provision, known as the Special Domestic Violence Court Jurisdiction (SDVCJ), was instrumental in ensuring that Indian Nations can effectively investigate, punish, and hold perpetrators of violence—Indian and nonIndian alike—accountable for the harm they cause towards Indigenous women on tribal lands (Indian Law Resource Center, n.d.). The VAWA limits tribal prosecution of non-Indian perpetrators to those with prior connections to the tribe, but should expand to include those who commit any act of violence that is likely to result in physical, sexual, or mental harm or suffering to women or girls. The Act creates an advisory committee on violent crime comprised of survivors, service providers, and members of law enforcement
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