Restoration Magazine

The Violence Against Women Act (VAWA), originally sponsored by Senators Biden and Hatch, was enacted in 1994 as a result of national grassroots organizing by battered women and advocates, including Indian women who organized to engage state and federal systems to hold governments accountable to address the nationwide statistics, crisis, and seriousness of violence against women—domestic violence, sexual assault, and stalking. The Act’s passage marked the federal government’s historic acknowledgment of the extent and pervasiveness of violence against women and the need for more dedicated resources for law enforcement and judicial responses to these crimes. Over the last two decades, VAWA has grown into an historic Act reshaping the laws, policies, and responses of federal, tribal, and state governments.

VAWA and American Indian Tribes and Alaska Native Villages

The VAWA has been reauthorized three times: 2000, 2005, and 2013. The current VAWA sunsets and must be reauthorized by the end of 2018. The growth of the national grassroots movement has seen important advancements over the last 20 years with each reauthorization of VAWA, including the following highlights:

• 1994—VAWA included a dedicated funding stream of 4% of the available funding for American Indians and Alaska Natives tribes with a statutory purpose of “developing, enlarging, or strengthening programs addressing the needs and circumstances of Indian tribes in dealing with violent crimes against women, including the crimes of sexual assault and domestic violence.”
• 2000—VAWA increased the tribal dedicated funding stream to 10%, provided increased clarity regarding tribal court protection orders and enforcement, and created a tribal coalition grant program.
• 2005—VAWA included a Safety for Indian Women Title, recognizing the unique legal relationship of the United States to Indian tribes and women. Congress explicitly provided that the title was “to strengthen the capacity of Indian tribes to exercise their sovereign authority to respond to violent crimes committed against women.” It authorized the creation of a single VAWA tribal grant program, creation of a tribal unit and Deputy Director for Tribal Affairs, and mandated an annual tribal-federal VAWA consultation. VAWA 2005 also included dating violence under the VAWA as a purpose area.
• 2013—VAWA included an historic amendment affirming tribal inherent authority over non-Indians committing certain acts of domestic violence or dating violence or violation of certain protection orders in the Indian country of the tribe, provided increased funding to the tribal coalitions program, and recognized sex trafficking as a purpose area.

The above amendments to federal law highlight an increasing awareness of the need to address violence against Native women and the critically important role of Indian nations in the full implementation of VAWA. The statistics among Native populations represent the ongoing effect that colonization has had on Indian people and nations. The federal Indian legal framework is devastatingly complex and one that Native victims must confront and navigate daily for safety and protection. However, resources are scarce, and culturally appropriate resources are practically non-existent. Many barriers and questions present themselves concerning jurisdiction, law enforcement availability and/or funding, lack of culturally appropriate services and victim advocates to assist the victim, and whether or not emergency shelters and rape crisis responses are available.