Sexual Abuse on Native Reservations

Sexual Abuse on Native Reservations

Anuhea Gampong

Arizona State University

Sexual Abuse on Native Reservations 1

Abstract

Currently, native reservations are battling a numerous issues. Among these issues, a lot of

natives are dealing with sexual abuse and domestic abuse. Individuals who are directly affected

by this are native women. Native American women are preyed on by both native and non-native

men. Despite having an act enforced protecting women from domestic violence, it doesnt stop

sexual abuse from occurring.

Key words: sexual abuse, natives, reservation

Sexual Abuse on Native Reservations 2
Sexual Abuse of Native Reservations

Did you know that compared to other cultural groups Native American women are

sexually assaulted 2.5 times more? The tribal nation's court system is highly flawed. An issue of

abuse has been brought up in discussions by native women. Tribal nations have the authority to

prosecute non-natives, as well as natives, for committing domestic violence, but that is the only

reason tribal nations have for prosecution. Therefore, non-natives and native men can commit

sexual abuse, child abuse, or rape without being penalized. They are free to roam about without

worrying about being prosecuted for their crimes. Enacting a law to protect Native American

women and prosecute offenders on all reservations across the nation is vital for tribal nations to

annex.

Those opposed to providing a law in which prosecutes sexual assault suspects, it is shown

as an expansion on the tribal court authority. In a The New York Times article, it stated, But

House Republicans, and some Senate Republicans, oppose the provision as a dangerous

expansion of the tribal courts authority, (Williams, 2012). To add on, there is very little help

from the federal government to aid in bettering the tribal systems. There are also few resources

for tribal criminal justice systems, little backup from local law enforcement, and hardly any

funding from the federal government to improve these systems, (Gilpin, 2016). If there were a

way to advocate even more predominantly on this issue, it would force the federal government in

the corner. Many women who are victims of sexual assault also fall victims of psychological

trauma. In a study conducted by Diane K. Bohn, it resulted in, Fifteen women gave

a history of depression (9 diagnosed and treated). Three of these women had additional

psychiatric diagnoses. Nine women (60%) attributed their mental health problems to abuse,
Sexual Abuse on Native Reservations 3
(Bohn, 2009). The study was conducted with 30 native women. The common issue these women

shared was lifelong physical and sexual abuse. This abuse affected them psychologically in

which lead to depression and psychiatric problems. A law that allows women and men to

prosecute suspects will hopefully lower the rate of women falling victims of psychological

damage and physical damage.

Studies conducted on this issue were tremendously dreadful. The Department of Justice

conducted a study and observed that of 2,000 women surveyed, 84 percent of Native American

and Alaskan Native women have experienced violence, 56 percent have experienced sexual

violence, and over 90 percent have experienced violence at the hands of a non-tribal member,

(Gilpin, 2016). Many women have the feeling of fear and are highly immersed in their safety.

Are large amount of the women surveyed were victims at the hands of non-natives. Many natives

have concerns about non-natives coming onto the reservations and commit crimes. Largely,

those non-natives are not held accountable for their actions. This is a view of how flawed the

tribal court systems are. Out of the 2,000 women who had been surveyed, 56 percent have been

targets of sexual abuse.

In the United States, sexual abuse is highly discussed issue. Ethnicity based, native

Americans have the highest rate of sexual assault. This all ties in with the topic of non-natives

coming onto the reservations and raping the native women. Federal government studies have

consistently shown that American Indian women experience much higher levels of sexual

violence than other women in the U.S. Data gathered by the U.S. Department of Justice indicates

that Native American and Alaskan Native women are more than 2.5 times more likely to be
Sexual Abuse on Native Reservations 4
raped or sexually assaulted than women in the USA in general, (Future Without Violence,

2012).

Many people in the United States find sexual abuse horrific, however, they dont realize

many natives go through this almost daily. A lot of the native women who were assaulted dont

speak up because they know what the outcome would be. These women know they are victims of

sexual assault and their suspect gets to walk freely. Federal authorities have the authority to step

in for serious crimes, like rape or murder, but often decline to prosecute crimes that have been

committed in Indian Country, (Rizzo, 2015). Women who do take this up in court, they are

often left discouraged due to the federal authorities brushing them off their shoulder. Many of the

cases run by the court, the suspects get discharged without a being penalized. Rape, according

to Indian women, has been distressingly common for generations, and they say tribal officials

and the federal and state authorities have done little to help halt it, leading to its being

significantly underreported, (Williams, 2012).

Native American reservations have a high amount of sexual abuse and domestic abuse.

Mainly this abuse affects the native women. The Violence Against Women Act (first enacted in

1994) was reauthorized in 2013, with amendments to add protections for Native American

women, (Gilpin, 2016). In 1994, the VAWA was enacted protecting women from domestic

violence. It was then reauthorized in 2013. However, this act is only limited to domestic

violence. Meaning, women are not able to prosecute non-natives or natives for sexual abuse.

Providing a solution allowing native women and men to prosecute suspects of sexual abuse

would allow for the natives to gain a sense of safety. To add on, it creates a stronger tribal

nations court system. Despite being able to press charges for domestic abuse, this gain only
Sexual Abuse on Native Reservations 5
solves half of the issue. Bringing the situation to the federal government would create a sense of

awareness of how detrimental this issue is. The federal government should be eligible to provide

funding for the tribal nation's court system. In doing so, the nations court system would be able

to fix this flaw within the system.

Sexual Abuse on Native Reservations 6
References

Bohn, Diane K. (2003). Lifetime Physical and Sexual Abuse, Substance Abuse, Depression, and

Suicide Attempts Among Native American Women. Issues in Mental Health Nursing,

24:3, 333-352, DOI: 10.1080/01612840305277

Curtis, Diane. (2011). Protecting Native American women from violence is an uphill battle.

California Bar Journal. Retrieved from http://www.calbarjournal.com/December2011

/TopHeadlines/TH1.aspx

Future Without Violence. (2012). The Facts on Violence Against American Indian/Alaskan

Native Women. Retrieved from https://www.futureswithoutviolence.org/ userfiles

/file/Violence%20Against%20AI%20AN%20Women%20Fact%20Sheet.pdf

Gilpin, Lyndsey. (2016, June 7). Why Native American women still have the highest rates of

rape and assault. High Country News. Retrieved from http://www.hcn.org/articles/

why-native-american-women- still-have-the-highest-rates-of-rape-and-assault

Rizzo, Jessica. (2015). Native American Women Are Rape Targets Because of a Legislative

Loophole. Vice. Retrieved from https://www.vice.com/en_us/article/bnpb73/

native-american-women-are-rape-targets-because-of-a-legislative-loophole-511

Williams, Timothy. (2012). For Native American Women, Scourge of Rape, Rare Justice. The

New York Times. Retrieved from http://www.nytimes.com/2012/05/23/us/

native-americans-struggle-with-high-rate-of-rape.html