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The slow adoption rate can be attributed in part to regulations, such as providing court appointed council to defendants who cannot afford it at the tribe’s expense, a challenge for tribes with little money.More than 60% of American Indian and Alaska Native women have been physically assaulted and 1 in 3 have experienced rape or attempted rape in their lifetime.Nearly all (97%) of these women have experienced at least one act of violence committed by a non-Indian, according to the Do J’s National Institute of Justice.After months of verbal abuse, things turned physical at the hands of her former boyfriend in September 2016.Minthorn said that tribal police responded and the case was referred to the federal government, which ultimately declined it.“I felt like I was seriously let down,” Minthorn said.“I felt like he could do all the crime in the world, and it was just a slap on the hand.When you hear about violence against women, the commonly used statistics are 1 in 2 have experienced physical violence in their lifetime while 1 in 6 have experienced rape or attempted rape, according to the Department of Justice and Centers for Disease Control and Prevention.For indigenous women, the numbers are even more staggering.“We still have to pass legislation to include non-Indians on our jury,” Nimmo said. I don’t have a timeline but to say that we are working on it.” Many in the tribal community cite the federal government’s concern over whether non-Indians will receive a fair trial in Indian Country as a barrier to full jurisdiction, though legal professionals like Nimmo believe the statute could ease those concerns before it again comes up for reauthorization in 2018. Tribes also referred 2,922 assault-related cases, in which 46% were declined for prosecution.“How do we, as an Indian tribe, want to open up our court system to non-Indians? “If tribes can show through VAWA that they do have a fair court system and non-Indian defendants can get fair trials in tribal court, the hope is that one day tribes can prosecute any non-Indian defendant that commits any crime on Indian Country.” Though the statute gives participating tribes more jurisdictional authority, that power remains limited in cases of sexual assault against an Indian woman by a non-Indian that occurs outside of an intimate partner relationship. The report states that this may be the result of “weak or insufficient admissible evidence, no federal offense evidence and witness problems.” Some tribal members point to these numbers as evidence that greater justice is needed for American Indian victims.


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