"Congress has just given Indian Country greater authority to police its own, and that may be good news for women. The Tribal Law and Order Act, which was signed by President Obama last week, expands the authority of tribal criminal justice agencies to prosecute crimes within their own territory, rather than relying on the notoriously spotty federal authorities. While the emphasis is on policing, advocates have hailed the bill as a step toward alleviating the often hidden epidemic of sexual and gender-based violence against Native women.

Native communities generally face higher risks of violent crime, but violence against women is especially devastating. Amnesty International reported in 2007 that the risk of rape and sexual assault was 2.5 times higher for indigenous women than for other women. Moreover, nearly 9 out of 10 perpetrators were non-native--a damning reminder of how racism continues to expose women to abuse and exploitation.

After the passage of the bill, Amnesty stated that the measure would eventually "decrease the high levels of rape and finally provide Native women with effective recourse if they are sexually assaulted. In short, this legislation stands to curtail the impunity that allows rapists to prey on Native women like vultures."

Under the bill, tribal court systems are allowed to raise the maximum sentence from one year to three. Along with that authority comes a responsibility to provide court-appointed defense counsel.

The bill specifically addresses sexual assault by mandating that that tribal and federal officers receive special training for dealing with victims and investigating sexual assault."

Get the Story:
Michelle Chen: Indian Country Wins Power to Fight Sexual Assault (Color Lines 8/2)

Indian Arts and Crafts Amendments Act:
H.R.725

Tribal Law and Order Act:
S.797 | H.R.1924

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