DFLGOTV_WebBanner_1800x150px

Expanded Violence Against Women Act to cover some Indian women

Share :
Facebook
X
DFLGOTV_WebBanner_1800x150px

Advocates for Indian women in Minnesota are hailing a decision by Congress to reauthorize and expand the Violence Against Women Act.

For years, the law has supported domestic violence prevention programs aimed at curbing abuse and sexual assault. It also has funded shelters and training for law enforcement. But until now, the law didn’t cover many cases involving American Indian women.

The law signed by President Obama in March will make it possible for tribes to prosecute certain, common domestic abuse cases, said Sarah Deer, a former Justice Department Attorney turned William Mitchell law professor invited by the White House for the signing ceremony in Washington.

“If a woman is being battered or assaulted by her non-Indian boyfriend

or husband the tribe can actually press charges, which they haven’t been

able to do before,” said Deer, who for 15 years has advocated changes

to the act to better protect American Indian women.

The reauthorized

act responds to a 1978 Supreme Court ruling that prevented tribal

governments from exercising criminal jurisdiction over non-Indians.

Deer

said the law will only apply to non Indians who are married or in an

intimate relationship with a tribal member. It is also limited to cases

of domestic violence.

“So it’s not going to apply to just anyone who

happens to be on the reservation,” Deer said. “It’s not going to apply

to people who visit a casino, unless they’re in some type of romantic

relationship with a tribal woman.”

While the change may appear small, its implications are broad.

“I think it can save lives,” said Bonnie Clairmont, a program specialist for the Tribal Law and Policy Institute.

Clairmont,

a member of Wisconsin’s Ho-Chunk Tribe, works on domestic violence and

sexual assault issues in tribal nations around Minnesota and throughout

the country. She said domestic violence is worse in tribal communities.

A

2008 study

[[www.unitedwaytwincities.org/_asset/fphxh5/2009_Domestic_Violence_Report.pdf]]

by the United Way and the Department of Public Safety on domestic

violence in Minnesota, found 37 percent of Native American women who

responded had experienced some type of domestic violence.

Data

specifically about domestic violence between Indians and non-Indians is

hard to come by, but Clairmont said such incidents seem to be more

prevalent.

“There isn’t really any recourse. And native women have

told me that,” she said. “Their batterers say that – ‘Your tribes can’t

touch me. They don’t have any jurisdiction over me’ – and they go and

batter them.”

Joe Plummer, the tribal attorney for the White Earth

Nation in northwestern Minnesota, said the decision by Congress to

reauthorize the Act gives tribes more sovereignty.

“It permits the tribe to exercise its authority within its reservation boundaries,” he said.

Tribes will have the power to set penalties for crimes that fall under the act.

Plummer said the ability to prosecute more domestic abuse cases could potentially require White Earth to rent jail space.

“We’re

in no different situation than some counties in Minnesota, including

one right here, Mahnomen County, which does not have a jail,” Plummer

said. “And they have to do the same thing. They have to rent space in

other jails to house their prisoners.”

Despite President Obama’s signature, turning the legislation into action could take time.

“The

tribes are very happy that there’s another tool in their arsenal of

sovereignty to address real public safety problems on Indian

reservations,” said Kevin Washburn, assistant secretary of the Bureau of

Indian Affairs. “Having said that, it will be expensive for them to

implement this.”

Washburn said because it could take time to secure funding, any wide-spread benefits from the act could still be years away.

Minnesota  Public Radio News can be heard on MPR’s statewide radio network or online.

This reporting is made possible by readers like you.

The Circle is a nonprofit newsroom with no tribal affiliation, no corporate ownership, and no paywall. Independent Native journalism depends on reader support.

Advertisement

Medicaid Exemptions - MN DHS Ad 2

Recent Stories

Advertisement

Medicaid Exemptions - MN DHS Ad 2

More From Latest Urban NewsUrban News

Intertribal Community Feast Brings Community Together Following Devastating Franklin Avenue Fire

MINNEAPOLIS — After the devastating fire at the Minnesota Chippewa Tribe (MCT) building on Franklin Avenue, local Native organizations, staff, and volunteers came together on Friday, October 16th, for an Intertribal Community Feast, turning a difficult week into an opportunity for generosity, connection, and community support. The fire, which broke out Sunday, October 11th, affected […]

Franklin Avenue Fire Update: Urban Offices Assess Damage; Native Language and Circle Archives Spared

The Oct. 11 fire began at Dollar Plus, a Somali-owned store at 1300 E. Franklin Ave., and spread to the connected Minnesota Chippewa Tribe building that houses urban tribal offices. The store and offices occupy connected buildings; the fire did not begin in the urban offices. The cause remained undetermined Monday. Store owner Abdullahi Omar […]

Native American Elders Day brings community together for third annual celebration

RICHFIELD, Minn. — Native elders from across Minnesota gathered at Veterans Memorial Park on Wednesday, Sept. 16, for the third annual Native American Elder Day picnic hosted by Spirit Care Services. According to an event organizer, elders from 10 of Minnesota’s 11 tribal nations attended this year’s celebration. Tribes and Native organizations from outside the […]

DFLGOTV_WebBanner_1800x150px

Search The Circle

Find stories, columns, events, and magazine features.

Help The Circle Recover & Preserve Native History

FIRE RECOVERY & ARCHIVE PRESERVATION FUND

A recent fire at the building housing The Circle’s office has created unexpected challenges for our independent Native newspaper.

Thankfully, with the help of community members, we were able to recover our newspaper archives dating back to the 1980s. These irreplaceable records preserve decades of Native community history, cultural knowledge, and stories.

Your donation will help The Circle recover from the fire, protect our historical archives, and continue sharing Native voices for generations to come.

Every contribution makes a difference.

Pinagigi — Thank you for helping preserve generations of Native stories.