In the United States, Native American women are more than twice as likely as White women, Asian women, and Black women to experience sexual violence.
Many of the underlying stereotypes of Native Americans contribute to these high levels of victimizations.
However, perhaps the most significant component affecting the vulnerability of Native American women is their status as people living under a colonizer’s rule. It has been stated that there are “striking parallels between sexual violence against individual women and neo-colonial violence against peoples and nations”. This means that the FBI investigates the crime and the office of the United States Attorney decides whether to persecute. However, in rape cases, few federal investigations occur, and even fewer perpetrators are persecuted.
Recognizing sovereignty and affording Native tribes the right to prosecute non-Natives who commit crimes against Native Americans on reservations has been called an extremely important first step in a series of legal changes that would affect how these violations are responded to and viewed at the community, state, and federal levels (Graef A1). Additionally, traditional healing methods, including culturally specific ceremonies of purification or rebirth and mentoring by community elders, can be helpful in the healing process of Native American women who have been violated.
Amnesty International's "Maze of Injustice" Report
Amnesty International published "Maze of Injustice: the failure to protect indigenous women from sexual violence in the USA", in order to represent the voices of survivors of sexual violence. The research was done for the report in 2005 and 2006 in three different locations with different policing and juridical arrangements. Those locations include Standing Rock Sioux Reservation in North and South Dakota, state of Oklahoma, and the state of Alaska (Maze of Injustice, ii). Amnesty International interviewed victims of sexual assault, tribal, state, and federal law enforcement officials, prosecutors and tribal judges for the report. While finding officials to interview for the report, the Executive Office of US Attorneys told them individual US attorneys cannot participate in the survey.
The report opens with the story of a young Alaskan Native woman raped by a non-native man. In July 2006, the woman was raped and rushed to the ER where she was treated as a drunk. They later sent her to a non-native shelter for women where she was also treated as a drunk because of her trauma (Maze of Injustice, 1). Most Native women don't report their assaults because of the fear nothing will be done. Another story that the article reported was the story of a 21 year Native women who was raped by four men in later died in 2003. The case was closed because of questioning of jurisdictions (Maze of Injustice, 6). Each women that shared her story in the report had a common element in their stories. The injustice these women faced were mainly based on stereotypes. Rather their trials took place on a Federal or State level the women were viewed as drunks and some blame was put on them.
When pursuing justice women go through a maze between tribal, state and federal law. The women are first asked "was it in our jurisdiction and was the perpetrator Native American?" when they first contact the police department. It takes a lot of time just to have your case heard so women give up (Maze of Injustice 8). The Amnesty International report go on to list reasons why they believe these injustices are occurring. The first reason for injustice described is the lack of training and delay or failure to respond of police officers (Maze of Injustice, 41). If the police officers are not the first to respond the women lose confidence in pursuing a case against the perpetrators. The next reasons for injustice presented are issues within each level of the US's legal system. The lack of justice for Native women's sexual abuse within the tribal level is the lack of funding from the government. Also, the federal government limits the number of prison sentences tribal courts can make. The federal government also prohibits tribal courts to prosecute Non-Native suspects because of the 1978 Oliphant v. Suquamish case. On a federal level the issue of discrimination and limitations on persecution of sexual assault is a reason for injustice. Things are a little more complicated on a States level. The distance of courts, language barriers, lack of funding for persecution, and cultural competency are main causes of injustice for Native victims on a State level (Maze of Injustice 63-67).
The Amnesty International gives their audiences suggestions as to how to stop violence against Indigenous women. Some of their recommendations include: "Federal and state governments should take effective measures, in consultation and co-operation with Native American and Alaska Native peoples, to combat prejudice and eliminate stereotyping of and discrimination against Indigenous peoples. The federal government should take steps – including by providing sufficient funding – to ensure the full implementation of the 2005 reauthorization of the Violence Against Women Act, particularly Title IX (Tribal Programs). Law enforcement agencies should recognize in policy and practice that all police officers have the authority to take action in response to reports of sexual violence, including rape, within their jurisdiction and to apprehend the alleged perpetrators in order to transfer them to the appropriate authorities for investigation and prosecution. In particular, where sexual violence is committed in Indian Country and in Alaska Native villages, tribal law enforcement officials must be recognized as having the authority to apprehend both Native and non-Native suspects. Federal authorities should ensure that tribal police forces have access to federal funding to enable them to recruit, train, equip and retain sufficient law enforcement officers to provide adequate law enforcement coverage which is responsive to the needs of the Indigenous peoples they serve." ( Maze of Injustice 84-87).