Tribal Sexual Assault and Stalking Resource Series
Tribal Legal
Code Resource: Sexual Violence and Stalking Laws
was developed by the Tribal Law and
Policy Institute in conjunction with the
Southwest Center for Law and Policy to
be a guide for drafting or
revising victim-centered tribal criminal laws on sexual assault and stalking. It is
written with a philosophy that tribal laws should reflect tribal values.
In addition, writing a tribal law usually requires careful consideration
of how state and/or federal laws might apply in the community. This
resource guide includes sample language and discussion questions which
are designed to help tribal community members decide on the best laws
for their community.
Law
Enforcement Protocol Guide: Sexual Assault
(Including a Model Sexual Assault Protocol)
was developed by the Tribal Law and
Policy Institute in conjunction with
Southwest Center for Law and Policy as a tool for improving the investigation of sexual
assault crimes. Effective investigations increase the likelihood of
victim participation and increase the probability of convictions in
tribal, state, and/or federal courts. This guide focuses on the
development of an internal protocol for law enforcement. A law
enforcement protocol can enhance the efforts of all community agencies
in addressing sexual violence. Once your tribal government has strong
laws in place, this publication will help you create policies and protocols for
your law enforcement agency to enforce your laws.
Prosecutor Protocol Guide: Sexual Assault
(Including a Model Sexual Assault Protocol) was developed by the Tribal Law and
Policy Institute in conjunction with
Southwest Center for Law and Policy as a tool for improving the prosecution of sexual
assault crimes. Holding offenders accountable for their actions is a key
part of making your community safe. This publication is designed to help
your prosecutor’s office ensure consistency and compassion for all
survivors. This guide focuses on the development of an internal protocol
for tribal prosecution. A prosecutor protocol can enhance the efforts of
all community agencies in addressing sexual violence.
Final Report:
Focus Group on Public Law 280 and the Sexual Assault of Native Women
On August 15 - 16, 2007 the Office on Violence Against Women (OVW)
hosted a focus group in Green Bay, Wisconsin to discuss challenges to,
and opportunities for, collaboration between states and tribes in Public
Law 280 jurisdictions to address sexual assault in Indian country. The
Tribal Law and Policy Institute (TLPI) provided technical assistance and
collaborated with OVW on the design and delivery of the session. This
final report details the event.
Under a grant from the Office on
Violence Against Women, the Tribal Law and Policy Institute has
developed and posted a Tribal Protection Order website (see
www.TribalProtectionOrder.org ). This website is designed to provide
both tribal and non-tribal entities with a clearinghouse of information and
resources pertaining to the issuance and enforcement of protection orders.
Report details 'maze' Native women victims face (April 25,
2007) Amnesty International released a report on Tuesday April 25,
2007 that details the "maze
of injustice" that Native women face when they become victims of
rape and sexual assault. Native women are victimized at 2.5 times
the rate of other racial and ethnic groups. Their attackers are more
likely to be non-Native, according to government statistics. But
tribal governments are hindered by federal law and court decisions.
They cannot prosecute non-Natives and they cannot impose a sentence
greater than one year or fines of greater than $5,000. State and
federal governments can prosecute non-Indians. But Native women
advocates say the crimes often go unprosecuted. "Maze
of Injustice: The failure to protect Indigenous women from sexual
violence in the USA"
focuses on three areas: Oklahoma, Alaska and the Standing Rock Sioux
Reservation in North and South Dakota. It contains the stories of
Native women victims and makes more than 50 recommendations to
change the justice system.
More
Information >>>
Native American and Alaska Native women in the United States suffer disproportionately high levels of rape and sexual violence, yet the federal government has created substantial barriers to accessing justice, Amnesty International. View excerpts from Amnesty's launch of the 113-page report, "Maze of Injustice."
The Rape, Abuse & Incest National
Network (RAINN) is the nation's largest anti-sexual assault organization.
RAINN operates the National Sexual Assault Hotline at 1-800-656-HOPE
and carries out programs to prevent sexual assault, help victims and ensure
that rapists are brought to justice. When a caller dials 1-800-656-HOPE, a
computer notes the area code and first three digits of the caller's phone
number. The call is then instantaneously connected to the nearest RAINN member
center. If all counselors at that center are busy, the call is sent to the
next closest center. The caller's phone number is not retained, so the call is
anonymous and confidential unless the caller chooses to share
personally-identifying information.
The National Sexual Violence Resource Center
(NSVRC) serves as a central clearinghouse for the voluminous resources and
research, and provides a place to turn to for information, help and
support. The NSVRC will influence policy, practice and research by providing
greater interaction, investigation and review, and by promoting awareness
within the anti-sexual violence movement. The NSVRC works with outside
researchers to provide advocates with current information on various topics
related to sexual violence. Toll-free 1-877-739-3895.
Statistics on the rate of sexual assault perpetrated
against American Indian and Alaska Native women are available from several
reports issued by the United States Department of Justice:
A January 2006 study, "Extent,
Nature, and Consequences of Rape Victimization: Findings From the National
Violence Against Women Survey" has just been released by the National
Institute of Justice. Note that pages 13-14 includes an analysis of the data
concerning American Indian/Alaska Native women. The chart on page 14
indicates that 34.1% of Native women have been raped in their lifetime.
(That's more than 1 in 3 Native women ...) This is significantly higher than
the finding that 17.6% of all women (all races together) who have been raped
in their lifetime (chart on p. 9).
American Indians
and Crime, 1992-2002 reports the rates and characteristics of violent crimes
experienced by American Indians (Native Americans) and summarizes data on
American Indians in the criminal justice system. The findings include
involvement of alcohol, drugs, and weapons in violence both against and by
Indians; victim-offender relationships; the race of persons committing
violence against Indians; the rate of reporting to police by victims; and
injuries, hospitalization, and financial loss suffered by victims. Sources
include the National Crime
Victimization Survey, the FBI
Supplementary Homicide Reports, and BJS
Surveys of offenders on probation or in local jails or State and Federal
prisons.
Violent
Victimization and Race presents incidence estimates and per capita rates
of violent victimization of whites, blacks, American Indians and Asians in
1998, and includes victimization trends, 1993-98. Violent crimes included are
rape, sexual assault, robbery, aggravated assault and simple assault (from the
National Crime Victimization
Survey), and homicide (from the FBI's
Uniform Crime Reporting program). Additional findings provided include
1993-98 victimization rates by victim characteristics (household income, age,
marital status, residence, and gender), crime characteristics (time and
location, presence of weapons, injuries and medical treatment), offender
relationship and victim-offender race, by victim's race. An additional section
is devoted to the presentation of intimate partner violence findings.
Extent,
Nature, and Consequences of Intimate Partner Violence: Findings From the
National Violence Against Women Survey presents findings from a survey of
8,000 U.S. women and 8,000 U.S. men about their experiences as victims of
intimate partner violence (rape, physical assault, and stalking). Respondents
were asked detailed questions about the characteristics and consequences of
their victimization during their lifetime and the past 12 months, including
the rate of injury among rape and physical assault victims, their use of
medical services, and their involvement with the criminal justice system. (Adobe
Acrobat Reader is required to view many of these files)
Reports and Papers
Sovereignty of the Soul: Exploring the Intersection of Rape Law Reform and
Federal Indian Law,
by Sarah
Deer
"...[I]t is impossible to separate theories of indigenous
self--determination from theories on sexual assault jurisprudence. It is
critical that a dual analysis be employed in both disciplines because sexual
violence is so deeply imbedded in colonizing and genocidal policies."
The Office for
Victims of CrimePublishes
Literature on emerging victim issues, promising practices, policy
development, and technical assistance and skill-building tools. The following
documents can be found on OVC's web site:
Managing Adult
Sex Offenders in the Community—A Containment Approach (January 1997)
The NIJ Brief discusses results of a national telephone survey identifying how
probation and parole agencies managed adult sex offenders and a description of
a model management process for containing sex offenders serving community
sentences.
Privacy
of Victims’ Counseling Communications (November 2002)
Eighth in the OVC Legal Series, this bulletin (NCJ 192264) provides an
overview of state laws and issues related to the privacy of communications
between victims and their counselors.
Sex Offenses and
Offenders: An Analysis of Data on Rape and Sexual Assault (February 1997)
Draws on more than 24 BJS statistical datasets to provide an overview of
violent victimization by sexual assault and the characteristics of the
offenders who commit these crimes. Among the findings in this BJS report (NCJ
163392), a high percentage of the rape and sexual assault victims are
children, and in 90 percent of the cases, they knew the offender.
Sexual
Assault, National Victim Assistance Academy Text (2002)
The NVAA text emphasizes foundations in victimology and victims’ rights and
services, as well as new developments in the field of victim assistance, and
contains a chapter on the needs of victims of rape and sexual assault.
Sexual Assault Nurse Examiner (SANE)- Development and Operation Guide -
August 1999
This OVC document provides and effective model for sexual assault medical
evidentiary exams and offers a multidisciplinary, victim centered way of
responding to sexual assault victims by outlining specific steps to replicate
"best practices" for improving the response to victims. Text
Version or PDF
Version
Sexual
Assault Victimization: An OVC Help Series Brochure (March 2002)
The OVC Help Series is a set of 10 brochures (electronic only) addressing
eight categories of crime victimization—homicide, sexual assault, stalking,
drunk driving, domestic violence, robbery, assault, and child abuse. Each
brochure comprises an overview of general crime facts, a description of what
victims may experience, and suggestions for how to seek help. The brochures
are intended to supplement the information victim service providers can offer
and to give victims a resource they can easily refer to in a crisis.
The Sexual
Victimization of College Women (December 2000)
An assessment on the extent and nature of the sexual victimization of college
women, based on two national-level surveys, reveals that more than 350 rapes
per year may occur on a campus with a population of 10,000 female students.
The NIJ Report (NCJ 182369) presents the systematic analysis and other
findings from the study cosponsored with Bureau of Justice Statistics.
State Legislators' Handbook for Statutory Rape Issues (February 2000)
This handbook discusses state legislative actions to address the issues of
statutory rape. ASCII
Text or PDF
Understanding DNA Evidence: A Guide for Victim Service Providers (April/May
2001)
These OVC publications discuss the crucial role of forensic DNA evidence in
solving crimes, particularly brutal sexual assaults and homicides. The growing
significance of DNA evidence requires that victim service providers be trained
to identify DNA evidence and to counsel victims about its importance in
apprehending and convicting offenders. Service providers also should
understand the role they can play in supporting victims in cases where an
offender's conviction is overturned due to postconviction DNA testing.
Bulletin
(NCJ 185690) (April 2001)
Brochure (BC 000657), jointly developed by NIJ and OVC (May 2001) HTML, ASCII,
or PDF
Victims
of Sexual Assault, First Response to Victims of Crime (December 2001)
This text is from First Response to Victims of Crime (NCJ 189631), an OVC
handbook for law enforcement officers. The field guide also includes contacts
for assistance.
The Michigan Judicial Institute
(MJI) recently announced its Sexual
Assault Benchbook is available online. MJI creates resources,
including benchbooks with the latest information on procedures and the state
of the law, and directs training programs for judges and court personnel to
enhance their professional skills. The Sexual Assault Benchbook is a
comprehensive sourcebook for information on the impact of the crime on
victims, Michigan's sexual assault related statutes, including applicable
defenses, special courtroom procedures that protect the rights of victims,
witnesses, and defendants, scientific evidence, post-conviction and sentencing
matters, and bond and discovery.
Victim-Oriented Multidisciplinary Responses to Statutory Rape Training
Guide (February 2000)
This OVC guidebook raises the various problems law enforcement, prosecutors
and victim service providers encounter in statutory rape cases and identifies
promising practices in dealing with them. ASCII
Text or PDF
was developed by the 
