Violence Against Native American Women and Jurisdictional Barriers to Justice

Native American women are twice as likely to be sexually assaulted than women of other racial groups. This paper explores how America’s history of colonization and a series of United States legislative and judicial decisions allowed for this atrocity. Indian Country has been particularly affected by a stripping of tribal sovereignty and an inability to try non-tribal members for major crimes, of which sexual assault is included. The discussion then turns to recent legislative attempts to close jurisdictional gaps and restore tribal justice. These policies represent an important step forward but fail to eradicate the issue. Suggestions for future congressional responses to violence against women are offered at the conclusion of this thesis. Additionally, alternative methods of justice which may be employed by tribes that lack jurisdiction are presented.