National American Indian Court Judges Association

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National American Indian Court Judges Association
Violence Against Women Act (VAWA)

In 1990, Federal legislation was introduced to respond to Violence Against Women. The Violence Against Women Act (VAWA) was signed into law in 1994 as part of the Violent Crime Control and Law Enforcement Act. This act included two pieces of legislation, one to create new penalties for gender-related violence and the second, to create grant programs encouraging states to address domestic violence and sexual assault.

A recent study by the Bureau of Justice Statistics (BJS) of the U.S. Department of Justice entitled American Indians and Crime found that American Indians are the victims of violent crimes at more than twice the rate of all U.S. residents. Moreover, the study indicated that Indian Women are victimized at a rate higher than any other group in the United States, including a rape/sexual assault victimization rate more than twice as high as the rate for Black women and more than three and a half times higher than the national rate.

It is critical that American Indian and Alaska Native communities are provided with the tools necessary to improve an individual tribal justice system's response to violence against Indian women. Before an Indian community can vigorously enforce laws designed to protect Indian women, the individual tribal government must first enact comprehensive violence against Indian women code provisions.

VAWA Resources

Legal Tools

American Indians and Crime: A Statistical Profile - American Indians and Crime: A Statistical Profile, 1992-2002 (December 2004) by Steven W. Perry was released by the U.S. Department of Justice, Bureau of Justice Statistics, and "summarizes data on American Indians in the criminal justice system and reports the rates and characteristics of violent crimes experienced by American Indians. This report updates a previous BJS report, American Indians and Crime, published in 1999. The findings include the involvement of alcohol, drugs, and weapons in violence against Indians. The report describes victim-offender relationships, the race of those involved in violence against Indians, and the rate of reporting to police by victims. It discusses the rates of arrest, suspect investigations and charges filed, and incarceration of Indians for violent crimes."

National Crime Victimization Survey - Reports in a press release on the 1995 preliminary National Crime Victimization Survey (NCVS) findings that crimes of nonfatal violence (rape, sexual assault, robbery, and assault) and theft (pocket picking, purse snatching, burglary, theft, and motor vehicle theft) in the Nation declined by almost 7 percent in 1995.

Toolkit to End Violence Against Women - To provide concrete guidance to communities, policy leaders, and individuals engaged in activities to end violence against women, the National Advisory Council on Violence Against Women developed the Toolkit To End Violence Against Women. The recommendations contained in the Toolkit were reviewed by numerous experts in the fields of sexual assault, domestic violence, and stalking.

Tribal Justice and Victim's Rights - This section describes the tribal justice systems operating in Indian communities and their ability to respond to Indian victimization issues. Also provided is a description of the unique relationship that Indian Nations have with the state and federal governments, which influences the operation of their tribal justice system and ability to respond to victim issues. The unique issues in providing adequate victim response and services encountered by tribal justice systems are also discussed.

Organizations

Alaska Family Violence Prevention Project - The AFVPP conducts research, develops domestic violence training curricula and provides multidisciplinary training and technical assistance on family violence for health and social service providers, public health professionals, and communities across Alaska. AFVPP works closely with the Alaska Network on Domestic Violence and Sexual Assault and the Alaska Council on Domestic Violence and Sexual Assault to increase awareness about and community capacity to prevent and intervene in family violence.

American Indian and Alaska Native Violence Against Women - This site provides information on current events, legislation, resources, provider education, public health issues, policies and procedures, clinical tools, sexual assault, community action, cultural appropriateness and access to care.

American Indian Development Associates - AIDA is a 100% American Indian and woman owned small business that focuses on research guided and culturally relevant development of policies, programs, and community-based systems. As the organization has grown, its ability to provide the adjunct and co-requisite services needed by many Indian Nations has expanded. AIDA provides training, technical assistance, research and evaluation services that are designed to build the capacity of tribes and tribal programs to develop and administer systems and programs that can meet the unique needs of Indian people and communities.

Clanstar, Inc. - To restore the safety of Native women by addressing domestic battering, sexual abuse, torture, and stalking, Clan Star works with fourteen tribal domestic violence and sexual assault coalitions from across the United States. They provide assistance to their counterparts across the nation, offering help with legal issues, organizational planning, video production for public service announcements, interagency communication and collaboration, leadership training, mentorship and internet access.

Mending the Sacred Hoop - Mending the Sacred Hoop

Mending the Sacred Hoop - Mending the Sacred Hoop is a Native American program whose mission is to assist Native Sovereign Nations to improve their response to Indian women who are victimized by domestic violence and sexual assault and to restore safety and integrity to them.

Minnesota Indian's Women's Resource Center - "The Center provides services to Native women. Housing, sexual abuse, and chemical dependency programs are available. Additionally, the Library and Training Program is to increase knowledge, skills and awareness of human services professionals, to work more effectively with chemically dependent Native women and their families."

Native American Circle - Native American Circle primary programs are awarded by the Office on Violence Against Women (OVW), Office of Justice Programs, U.S. Department of Justice, to provide technical assistance and training on the following issues in Indian country: Development of community-based responses and tribal legal codes that effectively and appropriately address stalking crimes against Native women; Development of a domestic violence fatality review process that can be replicated in Indian country nationally by Tribal Nation review teams according to the specific needs, systems and culture of the individual community; Development of resources for urban American Indian/Alaska Native survivors of domestic violence, sexual assault and stalking; and the development of links to local service providers and tribal resources for urban Indian victims of domestic and sexual violence.

Praxis International, Inc - Praxis International, Inc. Praxis International, Inc. is a non-profit research and training organization that works toward the elimination of violence in the lives of women and children. Reform initiatives are done on the local, statewide, and national levels. Praxis works with advocacy organizations, intervention agencies, and inter-agency collaborations to create clear and cooperative agendas for social change.

Southwest Center for Law and Policy - The Southwest Center for Law and Policy is a non-profit organization providing legal education and technical assistance on domestic violence, sexual assault, elder abuse, child abuse, abuse of disabled persons, and stalking in tribal communities. The center is located in Tucson, Arizona and travel the nation training law enforcement, attorneys, judges, victim advocates, tribal lay legal advocates, health care professionals, and community members.

Spirits of Hope - "A coalition addressing domestic violence, sexual assault and stalking in Oklahoma Indian Country, formerly known as the Oklahoma Native American Domestic Violence Coalition. We here at the Spirits of Hope are uniting and promising to: Educate Oklahoma Tribal Communities on issues of domestic violence and sexual assault; Empower the individuals who have endured and survived domestic violence and/or sexual assault; Protect our Indian families from domestic violence and sexual assault; Strenghten individuals, families, and communities by utilizing traditional values; and Advocate a united approach toward the prevention and intervention of domestic violence and sexual assault.

The Non-Violence Alliance web site - This web site offers offers information about safe and effective work with domestic violence perpetrators. A site highlight is articles from Issues in Family Violence, a quarterly newsletter about working with batterers.

The Tribal Law and Policy Institute - The Tribal Law and Policy Institute is a Native American owned and operated non-profit corporation organized to design and deliver education, research, training, and technical assistance programs which promote the enhancement of justice in Indian country and the health, well-being, and culture of Native peoples.

Violence Against Women Office - The Office works closely with other components of OJP, the Office of Legal Policy, the Office of Legislative Affairs, the Office of Intergovernmental Affairs, the Immigration and Naturalization Office, the Executive Office for United States Attorneys, U.S. Attorneys� Offices, and state, tribal and local jurisdictions to implement the mandates of the Violence Against Women Act and subsequent legislation

Women's Rural Advocacy Programs-Native American Domestic Violence - The site provides information on Tribal and Native women's sovereignty, why Native women stay, collusion, information for women who have been battered, natural life-supporting power, unnatural life-destroying power, and internalized oppression.

Publications

American Indians and Crime - American Indians and Crime by Lawrence Greenfield and Steven Smith (February 1999) reports rates and characteristics of violent crimes experienced by Native Americans and summarizes data on Native Americans in the criminal justice system. Findings include involvement of alcohol, drugs, and weapons in violence both against and by Native Americans; victim-offender relationships and the offender's race; the rate of reporting to police by victims; and injuries, hospitalization, and financial loss suffered by victims.

Chapter 14. Nation to Nation: Promoting the Safety of Native Women - Chapter 14. Nation to Nation: Promoting the Safety of Native Women. What Native Communities and the Federal Government Can Do To Make a Difference. From the 2001 Toolkit To End Violence Against Women by the U.S. Violence Against Women Office.

Confidentiality: Cornerstone of Safety for Native Women who are Battered - Confidentiality: Cornerstone of Safety for Native Women who are Battered (1999) by Sacred Circle [PDF] is a booklet that describes the complexity of issues related to confidentiality and illustrates the responsibilities of tribes to protect the privacy of Native Women who are battered. Highlighting personal stories, quotes, and advocates' inspirations, this resource includes information about meeting the challenge of protecting confidentiality, looking within and beyond the criminal justice system, ensuring for careful, respectful documentation and building a Native movement around violence against women as a culturally-based human rights issue.

Coordinated Community Response to Stop Violence Against Native Women - Coordinated Community Response to Stop Violence Against Native Women (1999) by Sacred Circle [PDF] describes effective collaborations between battered women's shelters and several community entities. It discusses the importance of collaborative efforts to stop violence against Native women,

Domestic Violence and Tribal Protection of Indigenous Women in the United States - The article provides a discussion about domestic violence in American Indian societies through an examination of cultural principles and world view, legislation and tribal codes, and service provision and protection in indigenous nations.

Domestic Violence, Sexual Assault & Stalking: Prevention and Intervention - Domestic Violence, Sexual Assault & Stalking: Prevention and Intervention Programs in Native American Communities [PDF] (2002) by Native American Circle LTD is a comprehensive manual supported by a grant from the Office on Violence Against Women, Office of Justice Programs, U.S. Department of Justice. Useful information and resources are organized using the following topical issues: The Dynamics of Domestic Violence; Stalking; Sexual Assault; Children's Issues; Federal, State and Tribal Laws; Judicial Response; Law Enforcement; Advocacy; Re-victimization; and Treatment and Intervention.

Native women mobilize their own coalition against domestic violence - Keeping Safe. Native women mobilize their own coalition against domestic violence by Andrea Smith (2002) Describes the persistance of native women in advocating for domestic and sexual violence survivors in the face of many barriers, highlights the work of the Oklahoma Native American Coalition.

Outreach to Underserved Communities - Outreach to Underserved Communities [PDF] by Sujata Warrier is designed to help domestic violence programs reach out to underserved communities in order to address the issues of diversity and of the limited access to quality services for battered women from those communities. This curriculum has an Introduction and five modules titled: 1. "Unraveling What We Know", 2. "The Threads", 3. "Begin to Weave", 4. "Kinks in the Weave", and 5. "Those Difficult Issues". Its appendices include handouts and worksheets for participants and overheads and readings for trainers. It is structured as a two day training and is designed for a program rather than individuals, the curriculum Introduction lists conditions a program must commit to if the training is to be undertaken.

Raising Public Awareness on Domestic Violence in Indian Country - Raising Public Awareness on Domestic Violence in Indian Country, by Karen Artichoker of Sacred Circle, National Resource Center to End Violence Against Native Women, and Verlaine Gullickson of the South Dakota Coalition Against Domestic Violence and Sexual Assault (2003) In collaboration with the South Dakota Coalition Against Domestic Violence and Sexual Assault, its member organizations and Native American advocates throughout the state, Cangleska, Inc., the violence against women intervention and shelter program on the Pine Ridge Indian Reservation in South Dakota, developed domestic violence public awareness materials focusing specifically on rural and Native American communities.

Sexual Assault in Indian Country - Confronting Sexual Violence, by the National Sexual Violence Resource Center (NSVRC) "addresses sexual assault in Indian Country by highlighting certain types of sexual assault evidence and by presenting it within the historical treatment of native populations, jurisdictional problems and the prevalence of violence."

Sexual Victimization in Indian Country: Barriers and Resources for Native Women Seeking Help - Sexual victimization is part of the terrible history of oppression, violence, and maltreatment that American Indians have experienced at the hands of the United States government and its citizens. Today, American Indian women experience more sexual victimization than other U.S. racial and ethnic groups. In studies of sexual victimization among American Indian women, rates have ranged from 12% to 49%.

Sexual Violence Prevention: Building Leadership and Commitment to Underserved Communities - Sexual Violence Prevention: Building Leadership and Commitment to Underserved Communities (April 2003) is a broadcast of the CDC's Injury Prevention Centers which centers on utilizing the public health model to address sexual violence, focusing on the development of culturally-relevant solutions and forging collaborations. The web cast highlights four population-specific programs serving: Native Alaskan women, Latinas, immigrant/refugee women, and women with disabilities.

Through a Public Health Lens. Preventing Violence against Women - Violence continues to be a leading cause of death worldwide for people aged 15-44. Moreover, although many forms of violence garner national concern and resources, much more violence occurs in private domains and receives less attention. These hidden health hazards silently drain our nation's human, economic, and health resources.

Victim Services: Promising Practices in Indian Country - Victim Services: Promising Practices in Indian Country (November 2004), published by the Office for Victims of Crime (OVC) - U.S. Department of Justice, Office of Justice Programs - was produced by the Tribal Law and Policy Institute. "This monograph describes promising practices for meeting the needs of victims of violence and domestic and family abuse in Indian Country. Each of the 12 program summaries includes a description of the program's activities, keys to its success, basic demographic data (e.g., service area and population), and contact information."

Tribal Codes and Constitutions

Model Tribal Domestic Violence Full Faith and Credit Ordinance - It is the purpose of this chapter to ensure that domestic violence protection orders issued by other jurisdictions, including tribal and state courts, be honored and enforced by the courts

Grant Programs

Education and Technical Assistance Grants to End Violence Against and Abuse of Women with Disabilities Program - Approximately 54 million Americans live with a wide array of disabilities.(1) Research suggests that persons with disabilities face a 4 to 10 times higher risk of being physically or sexually assaulted.(2) Ensuring that individuals with disabilities who are victims of domestic violence, stalking, or sexual assault can access the complete array of services and protections they need to become safe requires a comprehensive and aggressive response.

Grants to Encourage Arrest Policies and Enforcement of Protection Orders Program - The Grants to Encourage Arrest Policies and Enforcement of Protection Orders Program (Arrest Program) encourages jurisdictions to treat domestic violence as a serious violation of criminal law. The Arrest Program also promotes mandatory or pro-arrest policies as an effective domestic violence intervention that is part of a coordinated community response.

Grants to Reduce Violent Crimes Against Women on Campus - The Grants to Reduce Violent Crimes Against Women on Campus Program (Campus Program) is designed to encourage institutions of higher education to adopt comprehensive, coordinated responses to violent crimes against women on campuses, including sexual assault, stalking, domestic violence, and dating violence.

Legal Assistance for Victims Grant Program - The Legal Assistance for Victims Grant Program (Legal Assistance Program) is designed to strengthen legal assistance for victims of sexual assault, stalking, and domestic violence through innovative, collaborative programs. These programs provide victims with representation and legal advocacy in family, immigration, administrative agency, or housing matters, protection or stay-away order proceedings, and other similar matters. The Legal Assistance Program is intended to increase the availability of legal assistance in order to provide effective aid to victims who are seeking relief in legal matters arising as a consequence of abuse or violence.

Rural Domestic Violence and Child Victimization Enforcement Grant - Recognizing that victims of domestic violence and children living in rural America are faced with unique barriers to receiving assistance, Congress created the Rural Domestic Violence and Child Victimization Enforcement Grant Program (Rural Program).

STOP Violence Against Indian Women Discretionary Grant Program - The STOP Violence Against Indian Women Discretionary Grant Program is intended to reduce violent crimes against Indian women by providing grants to Indian tribal governments to develop and strengthen the tribal justice system's response (including law enforcement, prosecution, victim services, and courts) to violence against Indian women and to improve services to victims of domestic violence, sexual assault, and stalking.

Training Grants to Stop Abuse and Sexual Assault Against Older Individuals or Individuals with Disabilities Program - The Training Grants to Stop Abuse and Sexual Assault Against Older Individuals or Individuals with Disabilities program was created in the Violence Against Women Act of 2000 (VAWA 2000) to address the obstacles encountered by victims of crimes who are older individuals or persons with disabilities.

Tribal Domestic Violence and Sexual Assault Coalitions - The Bureau of Justice Statistics reports that between 1993 and 1998, American Indians sustained violent victimization at a higher per capita rate than any other group.[1] Studies also indicate that American Indian and Alaska Native women suffer a disproportionate level of intimate partner violence and sexual assault.[2] Responding to this continued need, Congress appropriated resources in the Violence Against Women Act of 2000 for the development and operation of nonprofit tribal domestic violence and sexual assault coalitions in Indian country. The goal of this program is to build the capacity of survivors and advocates to form tribal domestic violence and sexual assault coalitions that advance the goal of ending violence against American Indian and Alaska Native women.

Federal Statutes

Summary of Criminal Provisions of the Violence Against Women Act - Summary of Criminal Provisions of the Violence Against Women Act

Violence Against Women Act - 2005 - President Bush Signs the Reauthorization of the Violence Against Women Act - view the full text of the 2005 Act