Violence against Native American and Alaska Native Women
On April 24th, Sarah Deer, a tribal law specialist, responded to questions
submitted by Amnesty supporters regarding sexual violence against Native American
and Alaska Native women in the US. In one of her responses, Sarah said: "Native
women have been resisting rape in North America for over 500 years[...] We are
an extremely marginalized population but Native women are strong and capable."
Sarah Deer, J.D.
Citizen of the Muscogee (Creek) Nation
Sarah Deer is currently employed as Victim Advocacy Legal Specialist for the Tribal Law & Policy Institute in Saint Paul, Minnesota, and is an online Instructor of Tribal Legal Studies at UCLA Extension and former Lecturer in Law at UCLA Law School. Formerly, Sarah worked as a Grant Program Specialist at the U.S. Department of Justice in the Office on Violence Against Women in Washington, D.C.
Sarah received her J.D. with Tribal Lawyer Certificate from the University of Kansas School of Law and her B.A. in Women’s Studies and Philosophy from the University of Kansas. While a law student, Sarah was employed as Assistant Director of Douglas County Rape-Victim Survivor Service, Inc.
Sarah serves on advisory boards for numerous anti-violence organizations and projects, including the ABA Commission on Domestic Violence and the National Alliance to End Sexual Violence. Sarah is a co-author of two textbooks published by Alta Mira Press: Introduction to Tribal Legal Studies and Tribal Criminal Law and Procedure and co-editor of the forthcoming book, Sharing our Stories of Survival: Native Women Surviving Violence.
» Take action to stop violence against Native American and Alaska Native women
Featured Guest: Sarah DeerFrom our featured guest: ""
Question Submitted by Aviva Orenstein:
1) Is the violence primarily from people in their tribe/nation? 2) Do you have a position on Fed R. Evid 413 (allowing propensity of accused to commit sexual offenses and applying to Indian Country). I will try to tune in tomorrow at 2:00. Thanks!
Sarah Deer answers:
1) The Department of Justice statistics consistently indicate that the vast majority of sexual predators against Native women are non-Native. This is an anomaly in criminology. No one knows for sure why this is, but some experts theorize it has to do with jurisdictional authority. Tribal nations cannot prosecute non-Indian offenders, so there may be a connection.
2) I personally support 413 -- I think it is consistent with our tribal traditions which often take into account a perpetrator's past behavior.
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Question Submitted by Patricia:
Having worked in social programs from many years I am well aware of the violence against Native American women. What I want to know is anyone doing anything about it? Native American men get away with all kinds of spousal abuse and it is a learned situation that must be stopped.
Sarah Deer answers:
There are many local grassroots and national efforts to address violence against Native women. Organizations such as Clan Star, Sacred Circle, Mending the Sacred Hoop, and others have Native-specific curricula and materials designed specifically for Native communities. The Violence Againsst Women Act of 2005 also includes a specific Title addressing tribal programs and Native women's organizations.
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Question Submitted by Melissa:
Why is the incidence of sexual violence higher in the Native American community? And why is it harder for them to access U.S. justice?
Sarah Deer answers:
There are numerous theories as to why Native women are victimized at a higher rate than other women. Many experts in the movement believe that Native women are raped more often simply because there is very little done to stop it. Tribal courts and tribal law enforcement agencies have not been provided with the resources necessary to provide sufficient protection from sexual assault.
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Question Submitted by Hendrina:
I'm not an American woman, I am born and raised in the Netherlands (Europe)why is it that the crime against women over here is higher than in Europe? There is so much discrimination over here and women feel not safe at all
Sarah Deer answers:
I am not sure I have an easy answer to your question, but many Native women I have talked to have suggested that the USA was, in a sense, "founded" upon the rape of women. The Europeans who came here felt entitled to take the land and the women. Women were considered property by many of the Europeans who came to this continent. There is still much work to be done to address this mentality.
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Question Submitted by Bev:
How has this problem come to light?
Sarah Deer answers:
Native women have been resisting rape in North America for over 500 years. It has been an invisible problem to the larger dominant culture because of myths and misconceptions about Native people. We are an extremely marginalized population but Native women are strong and capable. We have always been leaders in our communities. This problem has only recently been highlighted nationally due to statistics from the National Crime Victimization Survey, which found the issue of rape of Native women was very common. This was not "new" news to Native women.
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Question Submitted by Randy:
How might those of us outside of Oklahoma (I'm in Tennessee) utilize the release of this report to organize arounbd the issue of domestic violence against native american women? Any thoughts?
Sarah Deer answers:
I think it is critical that advocates for change partner with and take direction from Native women. We know best what courses of action might be helpful in our communities. What works best in one community might not work well in another. Even states without federally-recognized tribes have a Native population that can be consulted.
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Question Submitted by Cara:
how can we help? is there any way to solve domestic violence on reservations and in native communities?
Sarah Deer answers:
Ask Native women in your community how you can be a respectful ally. Native women are often left out of discussions about domestic and sexual violence at the state and federal level. Ask questions. Resources are a huge issue. Some states do not provide sufficient resources to reservation-based programs or urban Indian centers. For non-Native advocates, it is important to listen first and act second.
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Question Submitted by Sydney:
I read in W. Churchill's "Indians Are Us?" that forced sterilization was practiced on Native American women and experimental innoculations done on Inuit children. Are these abhorent things still being done?
Sarah Deer answers:
There is some data about the rates of sterilization abuse in Indian Health Service as late as the 1970s. However, more recently the concerns have been around the over-prescribing of such drugs as Depo and Norplant on reservations.
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Question Submitted by Cristine:
Can you please talk about the significance of the Amnesty Report?
Sarah Deer answers:
This is the first major report from a human rights organization about violence against Native women. We hope that it will raise awareness across the globe and that this awareness will result in additional resources dedicated to the problem.
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Question Submitted by Margaret:
The Report (The Maze of Injustice) is unable to confirm the USDOJ BJS report that Native women raped in the US are raped by non-Native men of a rate of around 80% of the incidents. However, in the 3 parts of the country that Amnesty studied, it indicated that it appears that around at least 50% of the perpetrators were non-Native. Do you have any idea of the methodology used by USDOJ BJS in coming up with the number? Has the race/ethnicity of perpetrators ever been broken down other than non-Native as well as by regions of the country? It would be interesting to see if there is some sort of phenomenon/ nexus dealing with jurisdictional issues such as checker board jurisdictions or PL280 states.
Sarah Deer answers:
We desperately need more studies in this area - preferably designed and conducted by Native women. Most of the BJS statistics come from the National Crime Victimization Survey which does not take into account jurisdictional difficulties or questions.
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Question Submitted by Marysia ("Mareesha"):
I am wondering how much in Indian Country violence against women is consciously understood and challenged as a product of what some call "post-colonial stress syndrome" (as some call it in the worldwide Irish Diaspora, which struggles with some remarkably parallel issues). Of course the answers to this question could be as varied and complicated as Native cultures and communities themselves. But I was wondering about this because of an intriguing example. Before there were Anglo-American suffragists like Susan B. Anthony and Matilda Joslyn Gage, there were the Haudenosaunee Six Nations who inspired them by actually practicing gender equality, by having very low levels of rape and domestic violence and strong social and ethical codes against these violations.
Sarah Deer answers:
Most of the Native women's advocacy programs I am familiar with include an analysis of historical trauma. It is said that prior to colonization, rape and domestic violence were extremely rare. Therefore, reclaiming our culture, tradition, language, and belief systems is critical in our work to end violence. There are a number of white feminists over the years who have taken their lead from Native women, but we don't always get credit.
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Question Submitted by Paulette:
As a survivor of rape and a progeny of the Cherokee Nation, I was appalled to learn about the federal government's latent response in its failure to intervene in this tragedy against American Indian women in Indian Country. Q: Why hasn't the Tribal fathers and other American Indian organizations actively pursued prosecutions of these offenders before interceding with outside agencies? This is proposterous that such heinous crimes continue to be inflicted against us in this day and age!
Sarah Deer answers:
Excellent question. Keep in mind that the federal and state government have imposed their systems upon us -- it wasn't necessarily the choice of tribal nations. Traditional tribal legal systems kept women safe. The Anglo-American legal system is a foreign system and not a good fit for many tribal nations. Part of resisting the continuing effects of colonization requires a revitalization of tribal legal systems.
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Question Submitted by Diego:
Dear Sarah: thank you for all your work. I am wondering if AI should lobby the US Fed government to address HRV of Native American women, addressed in the report, rather than to call for local state authorities. Technically this is a State-to-State matter, wouldnt this be more effective?
Sarah Deer answers:
Action is needed on a number of levels, but the work should be developed and led by Native women themselves. Local action is critical because of the many jurisdictional questions and local responses to criminal activity. But we also need action on the national level to address resources and jurisdiction. Each state with federally-recognized tribal nations has a unique relationship with tribes, so a "one size fits all" approach will not work.
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Question Submitted by Luanne:
Does the incidence of rape occur where there is no law enforcement? How many law enforcement men/women has each tribe per 10 square mile?
Sarah Deer answers:
Most incidents of rape in the United States (Native or non-Native women) are never reported to law enforcement.
Each tribal nation is different - there are different numbers of law enforcement officers on each reservation.
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Question Submitted by christine:
The Jesuit order of the Roman Catholic Church along with other orders of priests appear to have been and perhaps still are perpetrators of these crimes (along with other men and even women who allow this to continue. I want to thank you for this discussion and ask if these perpetrators have been confronted along with the church in general and if the introduction of alcohol to indigenous peoples by missionaries and others play a part in the violence against native American and Alaskan women and if so how can we help those who are caught up in this web of abuse?
Sarah Deer answers:
Thank you for raising this issue. There are some grassroots efforts underway to develop a plan for accountability for boarding school and church abuses of Native people. In recent years, Native survivors of priests and other religious leaders have begun to speak out about these experiences. In Canada, there have been numerous lawsuits and settlements with churches and religious leaders regarding the abuse of Native children. We have not seen the same level of action in the USA, but there are definitely discussions happening.
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Question Submitted by Penny:
Do you think it would be helpful to native communities to stress the old ways of native american cultures where women were not dehumanized and had an equal voice in tribes, and that rape and violence against women in many tribes was not tolerated and the rare time they happened the perpertrator was punished severely? Would it be helpful for abusive men to learn the old ways of their tribes and see what an insult it is not only to their women, but to their culture and tradition to abuse women?
Sarah Deer answers:
Absolutely. The reclamation of women's sovereignty is a key issue. The learned behavior of violence and abuse is an "unwanted gift" from the European invaders of this continent. Many tribal programs are exploring the use of cultural immersion as one tool of intervention. It is important, however, to ensure that individuals be held accountable for their violent behavior. Even with understanding the role that colonization has played in our history does not excuse individual acts of violence.
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Question Submitted by maryann:
Hi,just wondering ,how triggering this will be .thanks for the invite.
Sarah Deer answers:
I am glad you asked this question. This report is very raw and can be an emotional read. It is not necessarily new information for Native readers, but for some people it may be triggering. Survivors may want to seek support before, during, or after reading the report.
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Question Submitted by Deborah:
Hello Sarah; Thanks for answering our questions. What are the contributing factors in this violence against Native American and Alaskan women? Thanks, Deborah
Sarah Deer answers:
Numerous factors come into play. The main factors, in my opinion, are colonization (history), jurisdiction, and resources. Perpetrators prey on Native women because there is no consistent system set up to stop them.
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Question Submitted by Laura:
Could you go into more detail about the legal and juristiction issues that contribute to the impunity around sexual assault on reservations? I have been trying to explain to my local Amnesty chapter how two seperate justice systems complicate the ability to catch abusers, but some clear examples of the mechanisms at work would make this easier to convey to others! Thanks for your time!
Sarah Deer answers:
Thank you for this question. I would say that there are actually three separate justice systems at play (federal, state and tribal). It is an extremely complicated issue, but I believe that the heart of the issue lies with tribal authority. Tribal nations know best how to protect tribal women. It is the imposition of foreign legal systems that has resulted in such a high rate of victimization. Tribal governmental authority has been steadily eroding over the last 150 years as a result of the U.S. Congress and the U.S. Supreme Court. For example, the Oliphant v. Suquamish supreme court case ruled that tribal governments cannot prosecute non-Indians. Therefore, Native women who are raped by a non-Indian must rely on an "outsider" system to respond.
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Question Submitted by Crysta:
Why do you think that rape is more common amoung Native American and Alaskan Native women?
Sarah Deer answers:
Sexual predators know that rape of Native women is an under-reported and under-prosecuted crime.
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Question Submitted by Joanne:
Dear Sarah, I live in Albany, NY and am confused by the Major Crimes Act VS the NYS Penal Code. As I remember in a college class the territories in NYS are not federal but state and considered sovereign nations. If a native woman is sexualy assaulted on a territory here, would she be under the Major Crimes Act, Tribal Law or State Law? I have been involved with our local Domestic Violence/Rape Crisis Center for some time now but have never helped a native person. If a native person needs our assistance, living off the territory, would they be subject to which law? As it stands now, no one who comes in for our help needs to reveal anything. They can consent to a SANE exam and have 30+ days to decide if they want to go ahead with submitting the evidence. What can we do to be culturally sensitive to the needs of a native person who is sexually assaulted? Would it be the same for a child? Thank you for any information you can give. Joanne
Sarah Deer answers:
I am not as familiar with NYS tribal nations as I am with other states. I believe that the state of NY has concurrent jursidiction with tribal governments (in that case, the Major Crimes Act would not apply).
A Native woman who is raped off the reservation is subject to the same laws as any other survivor.
The best thing that a non-Native advocate can do for a Native victim (adult or child) is to listen respectfully and ask for permission before taking action. Native survivors are often reluctant to work with non-Native agencies due to a history of abusive and judgmental social services. Ask Native women in your community what they need.
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Question Submitted by patty:
Why is it the unite states Goverment spends millions of dollars on women from other countries who they say need our support, When right here in america women are abuse and neglected by the very laws we support? Why isn't their public services information about these issues?
Sarah Deer answers:
We hope that the AI report will raise awareness so that more will be done to stop the rape and abuse of Native women.
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Question Submitted by Eva Chavarria Hunter:
I too have some Indian blood in me as well (thanks to my Mexican heritage) and believe women of this group sometimes have a poor image of themselves because they are not like your typical "All American girl." I may have had some issues with that and ask if that's why there is not a lot of confidence them to rise above the abuse. Could they be too timid to fend off the violence because they do not have the role model(s) or female mentor(s) needed to overcome this?
Sarah Deer answers:
There is a certain degree of internalized oppression with any marginalized group of people. Native women are no exception -- but we also have strong traditions about women's strengths that have sustained us throughout the years.
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Question Submitted by Jerome Millay:
It seems that a major factor in enabling domestic abuse is isolation. How do we encourage our communities to openly discuss these issues outside of legal reporting venues which seem to put the muzzle on people who need to speak?
Sarah Deer answers:
Survivors of violence are key. If we provide a forum in which survivors feel safe and comfortable speaking (or writing) about their experience, then action will follow. Women should be allowed to speak in their own timeframe and on their own terms.
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Question Submitted by Karen:
What are we going to do to help these people in pain ? Karen Mcnally
Sarah Deer answers:
Provide opportunity for Native women to speak and be heard. Our issues have been invisible for too long.
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Moderator's comment:
Thank you for your questions and comments.
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