Native American

Sexual Assault
By: Grace Levatino and Brianna Garcia
Question:

How are sexual assault cases

handled on Native American
Reservations and what are
the effects?

2
Thesis

The lack of proper funding and

complex levels of jurisdiction present
on Native American Reservations has
led to an insufficient supply of criminal
law enforcement and resources
available to victims, developing an
enclosed cycle of reported sexual
assault cases against Native women.

3
 Statistics
Native American
women are 2x more
likely to experience
sexual assault

36% of Native victims

avoid calling the police
because of fear of
discrimination
80% of Native
women experience
sexual violence in
their lifetime 4
 A HISTORY OF
DISCRIMINATION AGAINST
NATIVE AMERICAN WOMEN
Gender based violence came as a result to Christian beliefs to
assimilate gender roles onto native societies.

5
 1968 Federal Appellate Court
Ruling

Upheld a statute under which an American

Indian man who committed a rape in Indian
Country received a lower penalty if the victim
was a Native woman.
Shows that congress thinks that native women are
less worthy of protection

6
Federal Government Sterilization
Programs

1972-1976 thousands 36% of women

of native women under the age of 21
were forced to be were forcibly
sterilized sterilized.

7
 Bureau of Indian Affairs
and Churches control of
schools

Controlled boarding schools and required

children to go to them to assimilate. Is reported
that many children experience sexual violence.
Employed primarily by Native American women
and 40% have reported sexual violence.

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Custer’s Revenge (1982)

Pop culture against ➔ Video game had

native women players playing as
General George
Armstrong Custer
with the objective
to have sex with
Indian women

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Court Cases and
Acts
Oliphant v. Suquamish (1978): Supreme Court ruled that the
Oliphant Tribe lacked the authority to prosecute non-tribal
members of crimes committed on Indian land.

Duro v. Reina (1990): Upheld the Oliphant v. Suquamish

decision. Also stated that Indian tribes could not prosecute
Indians who were members of other tribes for crimes
committed by non-tribal members

18 U. S. C. §117(a): Anyone who commits domestic assault

within an indian country and has had two prior convictions in
any court proceeding shall be fined, imprisoned, or both for no
more than 5 years.

Indian Civil Rights Act: Limits the punishments tribal

governments can put on convicted persons.
- Maximum sentence was originally 6 months imprisonment
or $500 fine, or both.
- In 1986 this limitation was changed to allow for
one-year imprisonment or a $5000 fine, or both. 11
 Maze of Jurisdiction
Federal State Tribal
Becomes a Becomes a State Becomes a Tribal
Federal case if… case if… case if…
-Indian -Non-Indian -Indian
perpetrator, perpetrator, perpetrator, Indian
non-Indian victim non-Indian victim victim
-Non-Indian
perpetrator, Indian
victim

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The Most Influential Issue

Funding
-Not enough funding from Federal
Government
-There are 2,500 Native tribal
uniformed officers to serve 1,400,00
Natives living on tribal lands
- Not a proper number of rape kits
available.

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1:13-2:10

https://www.pbs.org/newshour/show
/tribal-justice-prosecuting-non-native
s-sexual-assault-indian-reservations

14
Target Audience:
Sexual assault organizations

Talk About why

15
Our Product

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17

TAKING ACTION!
Resources That Can Help!

-Pretty Bird Woman House on

Standing Rock Sioux Reservation
-”Women Are Sacred” Monthly
Calendar
-National Indigenous Women’s
Resource Center

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Closing

19
 Works Cited
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Accessed 20 February 2019.

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Law School, Law School, March 2003,

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Diamond, James D. “ Practicing Indian Law In Federal, State, and Tribal Criminal Courts: an Update About

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Winter 2018,

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Accessed 21 February 2019

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https://www.vice.com/en_us/article/bnpb73/native-american-women-are-rape-targets-because-of-a-le

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