Stalking Against Native Women
While
more than one million women in the United States are stalked each year, American
Indian/Alaska Native women are stalked at a rate at least twice that of any
other race. Statistics established by the 1998 National Violence Against Women
Survey reflect that 17 percent of American Indian and Alaska Native women are
stalked in their lifetime, compared to 8.2 percent of white women, 6.5 percent
of African-American women, and 4.5 percent of Asian/Pacific Islander women.
The reasons for these problems are many and are as uniquely varied as the
cultures, customs and traditions of the more than 500 federally-recognized
American Indian and Alaska Native tribes. The result of complex relationships
that have historically existed between tribes and federal and state governments,
public policy dating back to the 1830s has over time created substantial
jurisdictional issues that directly impact the type and quality of victim
response programs in Indian country.
Tribal Sexual Assault and Stalking Resource Series
Tribal Legal
Code Resource: Sexual Violence and Stalking Laws
was developed by the Tribal Law and
Policy Institute in conjunction with the
Southwest Center for Law and Policy to
be a guide for drafting or
revising victim-centered tribal criminal laws on sexual assault and stalking. It is
written with a philosophy that tribal laws should reflect tribal values.
In addition, writing a tribal law usually requires careful consideration
of how state and/or federal laws might apply in the community. This
resource guide includes sample language and discussion questions which
are designed to help tribal community members decide on the best laws
for their community. This resource was revised and updated May 2012,
including changes addressing the 2010 enactment of the
Tribal Law and
Order Act.
Law
Enforcement Protocol Guide: Sexual Assault
(Including a Model Sexual Assault Protocol)
was developed by the Tribal Law and
Policy Institute in conjunction with Southwest Center for Law and Policy as a tool for improving the investigation of sexual
assault crimes. Effective investigations increase the likelihood of
victim participation and increase the probability of convictions in
tribal, state, and/or federal courts. This guide focuses on the
development of an internal protocol for law enforcement. A law
enforcement protocol can enhance the efforts of all community agencies
in addressing sexual violence. Once your tribal government has strong
laws in place, this publication will help you create policies and protocols for
your law enforcement agency to enforce your laws.
Prosecutor Protocol Guide: Sexual Assault
(Including a Model Sexual Assault Protocol) was developed by the
Tribal Law and
Policy Institute in conjunction with Southwest Center for Law and Policy as a tool for improving the prosecution of sexual
assault crimes. Holding offenders accountable for their actions is a key
part of making your community safe. This publication is designed to help
your prosecutor’s office ensure consistency and compassion for all
survivors. This guide focuses on the development of an internal protocol
for tribal prosecution. A prosecutor protocol can enhance the efforts of
all community agencies in addressing sexual violence.
Sexual Assault Response
Team (SART) Resource
was developed by the Tribal Law and
Policy Institute in conjunction with
Southwest Center for Law and Policy as a guide to creating cohesive
policies between tribal agencies. Victims of sexual assault deserve a
coordinated, comprehensive response from a variety of community
agencies. This SART resource provides a starting point for developing
victim-centered SART teams in your community.
Final Report:
Focus Group on Public Law 280 and the Sexual Assault of Native Women
On August 15 - 16, 2007 the Office on Violence Against Women (OVW)
hosted a focus group in Green Bay, Wisconsin to discuss challenges to,
and opportunities for, collaboration between states and tribes in Public
Law 280 jurisdictions to address sexual assault in Indian country. The
Tribal Law and Policy Institute provided technical assistance and
collaborated with OVW on the design and delivery of the session. This
final report details the event.
Under a grant from the Office on Violence
Against Women, the Tribal Law and Policy Institute has developed and posted
a Tribal Protection Order website (see
www.TribalProtectionOrder.org
). This website is designed to provide both tribal and non-tribal entities with
a clearinghouse of information and resources pertaining to the issuance and
enforcement of protection orders.
Articles
Addressing
Stalking in Indian Country, by Rebecca St. George,
is available on the Minnesota Center
Against Violence and Abuse
Website.
Addressing
Stalking in Native American Communities by Jo Hally, is available from the
National Center for Victims of
Crime Website.
Stalking In Indian Country
by Hallie Bongar White, is available from the Southwest Center for Law and Policy.
.
The Southwest Center for Law and Policy
is a non-profit organization providing legal education and technical assistance
on domestic violence, sexual assault, elder abuse, child abuse, abuse of
disabled persons, and stalking in tribal communities. The center is located in
Tucson, Arizona and travel the nation training law enforcement, attorneys,
judges, victim advocates, tribal lay legal advocates, health care professionals,
and community members.
Anti-Stalking Laws
Several federal laws make crossing a jurisdictional line (including a tribal
jurisdictional line) to commit stalking a federal offense. Read more about these
laws at the National Stalking Center
Website.
The National Stalking Center
Website
also highlights a few
Tribal
Stalking Codes.
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