Native Americans and the Violence Against Women Act
The Minnesota Indian Women’s Resource Center says this gap in the law has attracted non-Indian habitual sexual predators to tribal areas. Alexandra Pierce, author of a 2009 report on sexual violence against Indian women in Minnesota, has found that there rapes on upstate reservations increase during hunting season. A non-Indian can drive up from the cities and be home in five hours. The tribal police can’t arrest him.
To protect Native women, tribal authorities must be able to apprehend, charge and try rapists — regardless of race. Tribal courts had such jurisdiction until 1978, when the Supreme Court ruled that they did not have inherent jurisdiction to try non-Indians without specific authorization from Congress. The Senate bill would restore limited jurisdiction over non-Indians suspected of perpetrating sex crimes, but even this unnerves some officials. “You’ve got to have a jury that is a reflection of society as a whole, and on an Indian reservation, it’s going to be made up of Indians, right?” said Senator Charles E. Grassley of Iowa, the top Republican on the Senate Judiciary Committee. “So the non-Indian doesn’t get a fair trial.”