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From birth to death, many Native women face a life characterized by violence and poverty. Tribal governments struggle to provide safety and justice for their citizens, including individual Indian women and their children, and this struggle is directly tied to the sovereignty of Indian nations. Sovereignty of Indian tribes is not based on race or culture, but is rooted in the unique historical, political, and legal relationship between tribes and the U.S. government.

Prior to colonization, tribal justice systems and cultural supports were in place to ensure safety and protection for tribal women. The capacity of Indian tribes to care for their citizens was diminished by the imposition of colonial tribal governments. According to the U.S. Department of Justice, 34.1%, more than one in three, Indian women will be raped in their lifetime; 64%, more than 6 in 10, Indian women will be assaulted; and, Indian women are stalked at more than twice the rate of other women. Seventy percent (70%) of violent victimizations experienced by Native women are more likely to be committed by other races, mostly Black and White men. This victimization differs from all other populations of women who are most at risk of being assaulted by members of their own race.

Primary tribal issues in responding to domestic violence and sexual assault include the lack of jurisdiction to respond to crimes committed by non-Indians on trust lands, the lack of authority to impose appropriate sentences in tribal courts, and the lack of resources to build the infrastructure of tribal criminal justice systems and community resources. This entry discusses historical tribal beliefs, the impact of colonization on Native women, contemporary tribal issues, and the future direction of addressing violence against Native women.

Historical Tribal Beliefs and Responses to Violence against Women

The colonization of Native America disrupted effective social and justice systems of Indian nations. Prior to colonization, Native women were property owners, legislators, diplomats, and policymakers. The oral history and customary practices of tribal kinship networks and Indian nations describe women as full participants in all aspects of tribal life. Teachings about respect for women were brought by feminine, supernatural powers that held women as sacred and counseled the people that women were to be treated accordingly. Among the Lakota, the feminine entity, the White Buffalo Calf Pipe Woman, brought teachings to men, women, and children. Men were taught that women were to be respected, even in thought. The man who was unable to recognize her sacredness was reduced to a pile of bones.

Tribal oral histories describe the balance between the male and female, with feminine power honored and recognized. Tribal worldview was not hierarchal, but was circular. Every nation and all elements had a place and function within the circle. Natural law afforded Native women the safety and protection of their kinship network and tribe.

The governance of tribes was also based on these natural laws and ensured proper behavior of individuals. Although violence against Native women was not unheard of, it was the exception and not the rule. The oral histories of many tribes describe the harsh and severe nature of punishment in the event a husband abused his wife.

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