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Pat Sekaquaptewa Executive Director The Nakwatsvewat Institute (TNI)

“ Indian Women & the Law ” Presidential Academy in American History & Civics Education Institute University of Northern Colorado. Pat Sekaquaptewa Executive Director The Nakwatsvewat Institute (TNI). Maze of Injustice The failure to protect Indigenous women from sexual violence in the USA.

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Pat Sekaquaptewa Executive Director The Nakwatsvewat Institute (TNI)

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  1. “Indian Women & the Law”Presidential Academy in American History & Civics Education InstituteUniversity of Northern Colorado Pat Sekaquaptewa Executive Director The Nakwatsvewat Institute (TNI)

  2. Maze of InjusticeThe failure to protect Indigenous women from sexual violence in the USA Amnesty International 2007

  3. “Overall, Amnesty International’s findings indicate that many American Indian and Alaska Native victims of sexual violence find access to legal redress, adequate medical attention and reparations difficult, if not impossible. Impunity for perpetrators and indifference towards survivors contribute to a climate where sexual violence is seen as normal and inescapable rather than criminal, and where women do not seek justice because they know they will be met with inaction.” ---Maze of Injustice, p.9

  4. American Indian & Alaska Native women in the USAexperience high levels of sexual violence • Existing USDOJ Data • More than 2.5 times more likely to be raped or sexually assaulted • More than 1 in 3 will be raped during their lifetime (compared with less than 1 in 5) • In 86% of reported cases, survivors report that the perpetrators are non-Native (in other groups within own race) • 50% suffered physical injuries in addition to the rape • BUT LACK OF GOOD QUANTITATIVE DATA (existing data mostly urban sourced)

  5. “Available Statistics Greatly Underestimate the Severity of the Problem” • Underreporting due to … • Fear of breaches of confidentiality • Fear of retaliation • Lack of confidence that reports will be taken seriously • Lack of confidence that reporting will result in the perpetrator being brought to justice • Historically (bad) relations between tribal community members and the federal and state government agencies

  6. “Response of police and courts often grossly inadequate” • Maze of tribal, state, & federal law • US law undermines equality, allows perpetrators to evade justice, creates areas of lawlessness & encourages violence • Understaffing & lack of appropriate training • US interference with ability of tribal justice systems to respond • Under-funding of tribal justice systems • Prohibition of tribal courts trying non-Indians • Limits on tribal court sentencing power • Quality issues with health service providers • Quality of provision of basic services varies considerably from place to place • Severe under-funding of Indian Health Service • Inadequate training re: response to survivors of sexual violence

  7. “When jurisdiction falls to federal or state authorities Native American & Alaska Native women are often denied access to justice” • Cases are dropped before they reach federal court • US Attorneys do not compile statistics • If this happens there is no further recourse for women

  8. Tribal Law & Order Act of 2010

  9. Tribal Law & Order Act of 2010 “The Tribal Law and Order Act takes a comprehensive approach at addressing shortfalls by establishing accountability measures for federal agencies responsible for investigating and prosecuting reservation crime, and by providing tribes with additional tools to combat crime locally.” ---National Congress of American Indians

  10. Major Provisions o Requires federal prosecutors to maintain data on criminal declinations o Increases tribal court sentencing authority from 1 to 3 years imprisonment o Requires federal officials who work in Indian country to testify in tribal court o Improves transparency in public safety spending by the BIA o Increased sexual assault training and standardized protocols o Authorizes deputization of Special Assistant U.S. Attorneys o Increases deputizations of tribal and state police to enforce federal law o Authorizes the Drug Enforcement Agency to deputize tribal police o Increases recruitment and retention efforts for BIA and tribal police o Expands training opportunities for BIA and tribal police o Tribal police access to criminal history records o Programmatic reauthorizations

  11. So what should be the role of tribal sovereignty in the American federal system of law in this context? • To ensure human and civil rights? • To exercise full authority to combat crime? • To acquire funding/resources to pay for these efforts (beyond the federal government)? • To educate and build the capacity of tribal community leaders and service providers? • To negotiate and implement necessary inter-governmental agreements? • More?

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