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Around 39 percent of Native American women are victims of domestic violence within their lifetime. This is a shocking statistic that reflects the reality of what Native American women in Tribes face. However, many of the perpetrators of these crimes are non-native and not a part of the Tribes. Considering this and many other factors, persecution for the perpetrators of these crimes was few and far between.
However, the reauthorization of the Violence Against Women Act in 2013 included Title IX, which concerned Safety for Indian Women. Circling Eagle Law can help explain the intricacies of this act, its importance, and potential for improvement.
Title IX, Safety for Indian Women
In this reauthorization, Tribal courts regained jurisdiction over non-native individuals who have committed specific types of crimes related to domestic violence. The specific crimes covered include:
- Domestic violence: Violence committed by a current or former spouse, parent of their child, or a person that used to share a space with the victim.
- Dating violence: Violence committed by a person who has been in a romantic or intimate relationship with the victim.
- Violations of protection orders: The order must be enforced by the tribe and protect a Native American from any type of violent acts.
Another important distinction is that the defendant must have a connection to one of the participating tribes to rely on Title IX in the reauthorization of the Violence Against Women Act.
Room for Improvements
While this reauthorization is crucial in allocating Tribes’ jurisdiction over perpetrators of specific crimes, it assumes Tribal Courts will handle these cases similarly to state courts. Suggestions for improving the bill include expanding the authority to include crimes such as child abuse, assault, stalking, or trafficking. Native American women still experience disproportionate amounts of violence, warranting further protections in their favor.
Tribal Law Attorneys
At {Site:BusinessName}, our attorneys are well versed in Tribal law. We understand the importance of your rights and personal protection. Work with us for a team that is knowledgeable and experienced in Tribal matters.
Contact our team today at (701) 401-7404 if you need Tribal law assistance.