Rapes of Indigenous Women in US
Failure to Protect Native Women from Sexual Violence in America
Indigenous women in the US are more than 2.5 times likely to be raped compared to women in the US general population. That is just based on the reported assaults.
Indigenous women in the US face ongoing marginalization which contributes to their abuse, persecution and higher likelihood of being sexually assaulted. The failure to punish those responsible for these sexual assaults is a human rights abuse. The indifference to their rights, dignity, safety and security is inexcusable.
Native American women and Alaska Native women are more than 2.5 times likely to be raped compared to women in the US general population. Studies also show that one Native woman in three will be raped during their lifetime compared to one in five for the rest of US women. (US Department of Justice data)
- There are most likely more that go unreported because many Native American survivors of sexual abuse have stated that they don’t bother reporting incidents because nothing gets done anyway or they end up becoming revictimized.
- According to the US Department of Justice, 86% of perpetrators of rapes on Native women are non-native men.
Factors that contribute to Indigenous women's vulnerability to be targets of violence include:
- Poverty and socioeconomic marginalization.
- Responses depend on where the crime takes place and who’s jurisdiction it falls under and whether the crime will even be attempted to be brought to justice. The maze of tribal state and federal law contributes to confusion regarding which jurisdiction the law falls under. There’s State (District Attorney), Federal (US Attorney) and Tribal Prosecutor. They often have different laws that overlap which adds to the confusion.
- The length of time it takes to decide proper jurisdictions often results in confusing inadequate investigations as well as the possibility of a complete lack of response.
- The US government interferes with the tribal justice systems by under funding and prohibiting tribal courts from trying non-native suspects. In 1978 the Supreme Court ruled tribal courts could not exercise criminal jurisdiction over non-native citizens. Many non-natives are aware of these gaps in jurisdiction and lack of enforcement and take advantage of it.
- Additionally, even when the tribal courts can impose a punishment for a crime, the maximum allowable sentence for a rape is one year imprisonment, as opposed to the federal state’s average sentencing of between 8 and 12 years for the same crime.
- Negative and dehumanizing stereotypes. One Alaska Native survivor of rape told Amnesty International that police will not respond at all if they find out a native woman was drinking unless she’s dead or hospitalized.
- Indigenous women are doubly discriminated against because of their sex and then again because of being Indigenous.
- Native women in isolated villages such as those in Alaska often have no one to report crimes to because there is no police presence and they have no means of travel. When sexual assaults are reported, police can take from one day to several weeks to respond.
- Suspects are often not arrested for weeks or months at a time which puts victims in danger fearing retaliation.
- Frequently the jury pool selection doesn’t include adequate Native American representation which makes an unequal jury selection and obviously then can affect the victims access to justice.
Recommendations:
- Federal and state governments should co-operate with Indigenous people to institute a plan of action to stop violence against Indigenous women including a plan to combat prejudice and eliminate stereotyping against Indigenous peoples.
- Detailed organized data should be collected by tribal, state and federal authorities. Data should include where the crime occurred, whether there was a conviction and if not include reasons why. Their policies should be published and made public.
- Agencies such as health providers, law enforcement, support services and prosecutors should be participating together to form a Sexual Assault Response Team.
- Prosecutors should vigorously prosecute perpetrators of sexual violence against Indigenous women in a timely manner.
- More funding should be provided by the government to ensure the reauthorization of the 2005 Violence Against Women Act.
Source:"Maze of Injustice – The Failure to Protect Indigenous Women from Sexual Violence in the USA” (Report from Amnesty International, 2005/2006)
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