Today, Congresswoman Deb Haaland (D-N.M.) introduced a bill to bolster efforts to address the missing and murdered indigenous women crisis with bipartisan support from Paul Cook (R-Calif.), Ruben Gallego (D-Ariz.), Tom Cole (R-Okla.), and Sharice Davids (D-Kan.). The Justice for Native Survivors of Sexual Violence Act, H.R. 3977, restores inherent tribal criminal jurisdiction to prosecute domestic violence-related crimes committed against American Indian and Alaskan Native women by non-tribal members within Indian Country to protect victims and deter future violent crimes on reservations.
"Every woman deserves to feel safe in her community, but Native women in Indian Country are experiencing violence at alarming rates. Today, we're taking a stand for Native American survivors of sexual violence in Indian Country, so that tribes have the authority to bring justice for survivors and prevent future violence," said Congresswoman Haaland, Co-Chair of the Congressional Native American Caucus.
"This much-needed bipartisan bill protects victims of violent crimes on reservations, particularly women and young girls. Too many dangerous predators are slipping through the cracks when they should be punished and brought to justice. I'm pleased to cosponsor this critical legislation and thank Representative Haaland for her leadership on this issue," said Congressman Cook.
"Too often, Indigenous communities are unable to pursue justice when their members experience violence, including sexual violence, at the hands of non-Native perpetrators. This bill would help remedy this harmful reality by expanding tribal governments' jurisdiction in cases of domestic and sexual violence in Indian Country. I am proud to support this effort to ensure survivors and their communities can get the justice they deserve," said Congressman Ruben Gallego, Chair of the Subcommittee for Indigenous Peoples of the United States.
"It is only right that tribal governments have the authority to bring justice to non-tribal members who commit acts of sexual violence against tribal members on their own tribal lands," said Congressman Cole, Co-Chair of the Congressional Native American Caucus. "Just as states have the power to prosecute citizens from other states for crimes committed within their borders, so too should sovereign tribal nations. Considering the tragically insufficient status quo, it is simply commonsense to ensure tribes have the ability to fully protect their members from sexual predators."
"Native women and girls experience violence at far higher rates than any other female population in the country -- a crisis that has devastated our communities and has been neglected for too long. I'm proud to help introduce the Justice for Native Survivors of Sexual Violence Act, which will restore tribal governments inherent authority to seek justice for native women and help prevent future violent crimes on reservations," said Congresswoman Davids.
The leading cause of death for American Indian and Alaska Native Women between ages 10 and 24 is homicide, and American Indian and Alaska Native women experience murder rates 10 times the national average. A 2016 National Institute of Justice report states that more than 4 in 5 American Indian and Alaskan Native women (84.3 percent) have experienced some form of violence in their lives.
Despite these alarming statistics, offenders often go unprosecuted and unpunished. Although the 2013 Violence Against Women Act (VAWA) reauthorization allowed Tribes to assert criminal jurisdiction special domestic violence crimes committed by non-Indians, tribal governments still lack authority to prosecute related crimes. Currently, Native American victims must rely on federal courts to prosecute these related crimes through Offices of the U.S. Attorney. According to GAO reports, federal prosecutors decline 67 percent of Indian Country cases of sexual abuse and related offenses.
Specifically, the Justice for Native Survivors of Sexual Violence Act:
Allows tribal prosecution of sexual assault, sex trafficking, and stalking against non-Tribal member offenders; and
Ensures all perpetrators who commit these additional crimes can be prosecuted in tribal courts