One in Four…

Raising awareness about issues related to domestic & dating violence

Possible Improvement in Judicial Process for Domestic Violence Cases on Indian Reservations September 28, 2011

The 19th annual Four Corners Indian Country Conference on September 13-15, 2011 represented an open dialogue and hope for progress related to victims’ assistance on Native American Indian reservations in Colorado, Arizona, Utah and New Mexico.

Interpersonal violence is experienced at more elevated levels on reservations than in the general population, and the Department of Justice has reported that Native American women in particular experience violence at an extremely elevated rate – three and a half times more than any other population in the United States. And when we consider the number of sexual assaults and incidences of domestic violence that are unreported [60% according to the DOJ] this number could be much higher. Prosecution is a problem on reservations, as tribes are sovereign nations and determining the jurisdiction for intimate partner violence and sexual assault cases can be complex.

US Associate Attorney General Tom Perrelli spoke at the conference on some recent Department of Justice efforts to improve the legal challenges of addressing violence, and in particular domestic violence, on reservations. The pending legislation would do three things:

  1. It would give trial law enforcement more ability to prosecute crimes that happen on reservations regardless of the perpetrator’s membership in the tribe.  Currently, tribal law enforcement officers have difficulty prosecuting non-Native American offenders, even in cases of domestic violence. The legislation would also ensure that tribal law enforcement has the right to enforce protective orders on both members and non-members of Native American tribes.
  2. The new DOJ laws would provide harsher federal punishments to perpetrators of violent crime within reservations. Since the 1968 Indian Civil Rights Act, the most severe punishment that can be imposed by native courts is one year in jail or a $5,000 fine, which is a far less significant penalty than most perpetrators receive for convictions outside of the tribal judicial system.
  3. $100 million has also been earmarked by the DOJ for more attorneys, investigators and victim advocates on reservations. Indian Country reported that a DOJ grant that provided more domestic violence personnel resources to the Fort Peck Indian Reservation in Montana led to the first domestic violence convictions on the reservation – in only 6 months, 169 domestic assault complaints were filed, and 147 of them have pending court action.

These possible progressive changes to the prosecution of domestic violence and sexual assault on reservations would also hit close to home as North Carolina is home to the Eastern Band of Cherokee Indians.

You can contact the Department of Justice to express your support for the pending legislation and budget increases by emailing AskDOJ@usdoj.gov or by calling the Attorney General’s public comment line at (202) 353-1555.

 

 
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