Triumph Over Trauma Justice Is Restored
Domestic Violence Awareness Month Holding Perpetrators Accountable
Every year, Domestic Violence Awareness Month (DVAM) sheds light on victim-survivors of domestic and sexual violence. We uplift heart-wrenching stories and marvel at the resilience of Native women and girls. Having endured colonization, Native women and advocates are speaking up to reclaim justice—one piece at a time.
Four out of five Native women and girls experience violence in their lifetime, half of them experience sexual violence, and in some counties, they face murder rates at 10 times the national average.1 Despite these devastating statistics, Native women have found their voice and are asking for justice.
“These statistics demonstrate a lack of accountability,” said CEO Lori Jump, StrongHearts Native Helpline. “When court jurisdiction is shared between Tribal, state and federal governments, and access to justice relies upon race, type of crime and where it occurred - perpetrators often escape prosecution.”
The National Institute of Justice painted a picture of perpetrators who victimize Native people when a study revealed that a whopping 97% of women identified the perpetrator as non-Native. Similarly, 90% of men identified non-Natives as perpetrators.2
Sadly, one-third of Native women and men identified the perpetrator as being Native—35% of female victims and 33% of male victims.
These devastating statistics are in no small part due to antiquated laws and a complicated legal system with court jurisdiction hanging in the balance. At the core of the issue is a 1978 Supreme Court ruling, Oliphant v. Suquamish,2 which held that Tribes do not have criminal jurisdiction over non-Natives.
“The ruling established a form of non-Native immunity in the judicial system and essentially denied Tribal people equal access to justice,” Jump explained. “The ruling couldn’t have been worse, and for more than 35 years, Native women and girls have borne the impact of that tragic decision.”
Against the odds, Native women and their allies challenged Congress to restore some form of Tribal court jurisdiction so that perpetrators could be held accountable. Their tenacity and testimony inspired Congress to take action.
The Violence Against Women Act (VAWA 2013) was reauthorized with a historic provision that recognized the inherent authority of “participating Tribes” to exercise “special domestic violence criminal jurisdiction” (SDVCJ) over certain defendants, regardless of their Indian or non-Indian status, who commit acts of domestic violence or dating violence or violate certain protection orders in Indian country.3
“Survivors and advocates achieved what many thought impossible - to reclaim and restore a piece of Tribal sovereignty,” Jump said.
In VAWA 2022 (1994, 2005, 2013, 2022), Congress restored another piece of court jurisdiction when they amended a provision to recognize “Special Tribal Criminal Jurisdiction” (STCJ) over an expanded list of “covered crimes” with additional provisions:
- Add an Alaska Tribes Pilot Program
- Add formal authorization for the Tribal Access Program (TAP), and
- Reestablish the U.S. Bureau of Prisons (BOP) Tribal Prisoner Program.
StrongHearts Native Helpline applauds the work of survivors and advocates, whose stories inspire Congress to continue progressing in the restoration of Tribal sovereignty. It is because of their perseverance that StrongHearts advocates can provide support and advocacy that honors the culture of Native Americans and Alaska Natives.
Triumph Over Trauma
It is important to recognize that our relatives are struggling to heal from generations of trauma stemming from colonization, forced relocation, genocide, and the abduction of children and babies carted off to more than 350 government-funded boarding schools and countless non-Native foster homes, which caused irreparable harm to Native American and Alaska Native communities.
“When we call attention to Domestic Violence Awareness Month, we must not forget the path Tribal nations have been on for centuries,” concluded Jump. “Until Native American history is told in truth and totality, we must continue to tell our stories of triumph over trauma.”
- André B. Rosay, "Violence Against American Indian and Alaska Native Women and Men," June 1, 2016, https://nij.ojp.gov/topics/articles/violence-against-american-indian-and-alaska-native-women-and-men
- Justia U.S. Supreme Court, “Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 (1978)” https://supreme.justia.com/cases/federal/us/435/191/
- U.S. Department of Justice, “2013 and 2022 Reauthorizations of the Violence Against Women Act (VAWA)” https://www.justice.gov/tribal/2013-and-2022-reauthorizations-violence-against-women-act-vawa
