Sunday, April 13, 2014

Those Poor Natives

Currently there is about a 46% chance that a Native American woman will be assaulted or raped in her lifetime (National Intimate Partner Violence [IPV] Survey). Additionally, about 1-in-4 Native American girls and 1-in-6 boys are molested in Indian country by the age of 18 (Postmus). Compared to the U.S. national average of 1-in-4  women who have experienced sexual violence in their life time (National IPV Survey), Native Americans are almost TWICE as likely to be subject to sexual violence. So, the logical question is, why do Native Americans have such an outrageously high rate of sexual and domestic violence? Over the course of my research, I have come across many possible reasons such as: poverty, historic U.S. policy against Native Americans, poor tribal and federal criminal justice systems, the remoteness of reservations…among others.

To me, the most significant reason for the high rate of violence among Native American communities is the extreme poverty that plagues many Indian reservations. In fact, Native Americans experience the highest rates of unemployment and poverty than any other ethnic or racial group in the United States at an average poverty rate of about 29% compared to a national average of about 16%. I think the lack of money has led to very poor educational opportunities for Native Americans to learn how to avoid domestic violence. Moreover, because of the high poverty rates on Indian reservations, tribal law enforcement is often underfunded and understaffed, making it much less likely that they can prevent or punish acts of violence. With no one to stop them, assailants and rapists have been led to believe that they can get away with their crimes without being caught.
Home of Impoverished Native American

Besides not being able to catch and persecute sexual assailants because of poorly-funded tribal law enforcement, there is a legal loop-hole that sometimes makes it impossible for sexual assailants to be convicted for their crimes. According to the General Crimes Act of 1817, "tribes cannot under any circumstance prosecute a non-Indian--even for crimes committed on tribal land…" (Postmus). Because of the General Crimes Act, if a non-Indian commits a crime on an Indian reservation, they are basically acquitted of their crime. Though Indians are supposed to turn over to state of federal authorities for any non-Indian crimes, the government has been less than helpful in the past in cases such as Oliphant vs. Suquamish Indian Tribe in 1978.
Obama signing Violence Against Women Act

Though the situation of Native Americans domestic violence is still extremely poor, a law was recently signed by President Obama called the Violence Against Women Act in March of 2013, which will "allow Indian tribes to prosecute certain crimes of domestic violence committed by non-Indians in Indian country" (Horwitz) when the law goes into effect in March 2015. Personally, I think that the new Violence Against Women Act is a step in the right direction for Native Americans, but I do not see it making any large improvement in the poor situation of Native American.

How do you think the Violence Against Women Act will change life for Native Americans (and all women in the U.S.)?


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