Sexual Violence Against the Native American Women Essay

The history of sexual assault against the Native Americans began with the colonizers who occupied their lands. The Natives' culture was gentler in dealing with sexual harassment against women; this flaw caused the settlers to inflict sexual assault against the Native women. The Natives men who committed sexual violence against women faced harsh tribal jurisdiction. However, these jurisdictions did not apply to the settlers who took advantage of the situation.

Over the years, the non-Natives American have continued to take this advantage and commit sexual violence against the Native women without judicial prosecution. This has become a much bigger problem since the non-Native American are not bound to the initial tribal jurisdictions. Also, the federal government has sluggishly participated in amending policies that protect women from non-Native Americans sexual abuse. This has led to high rates of sexual abuse against Native American women in the United States. In fact, the Natives women are the most ranked victims of sexual violence and rape.

The Native Indians had established tribal jurisdictions against sexual harassment. Their punishments were so severe and embarrassing such that, only a few cases of sexual assault were encountered. Similarly, the non-Indians who involved in such crimes in the Indian country faced the same punishment. However, the establishment and engagement of Sexual Laws to the Indian country have reduced the severity of this punishment. Consequently, the Natives tribal jurisdictions against sexual assault were diminished by federal laws. This meant that only the federal government would give jurisdiction on sensitive cases such as sexual violence against the Native women. These federal laws have been less effective especially when dealing with cases involving non-Native American people.

Natives' American tribal courts have been experiencing numerous barriers when dealing with sexual cases. Normally, the tribal court inherently acquires jurisdiction from the federal government. This increases the factors that need to be considered when dealing with a sex crime case. Thus, when a sexual victim files a case, he or she faces a complex maze of criminal jurisdiction. The Major Crime Act is one of the barriers that reduce the powers bestowed on the tribal court in dealing with major crimes such as rape (Deer, 2015). Also, the lack of established tribal codes blocks the capability of this court to prosecute major cases when the federal government declines them. Finally, is the resource limitation exercised by the federal government and Supreme Court. The tribal courts are faced with limited resources that are essential in handling major cases.

In concurring and fighting sexual harassment against the Native American women, several proposals have been suggested. First, is the establishment of tribal codes or statutes that will empower the tribal courts with the ability to prosecute cases such as sexual harassment. In addition, the fight for law amendment that protects the Native women from sexual abuse would be a significant move as suggested by activist Abigail Echo-Hawk and Esther Lucero (KING 5, 2018). Additionally, there have been proposals for initializing programmes and movement that fight against women sexual abuse. Also, the Native tribes have incorporated harsh punishments and penalties of criminals involved in the crime. Moreover, the tribes have started using teachings and storytelling that condemn the act of sexual harassment.

Conclusion

In conclusion, Native American women have experienced sexual assault over many years. This has been due to a prolonged period of judicial injustices against the Natives by the federal laws. These laws never give fair justice to the Native sexual harassment victims, which are committed by the non-Native Americans. However, several measures have been enacted to ensure the Natives women are protected from sexual abuse especially from the non-Native Americans.

References

Al Jazeera English. (2018, August 9). What's being done to stop Native American women disappearing? | The Stream [Video file]. Retrieved from https://www.youtube.com/watch?v=U4EVtS_77ps

Deer, S. (2015). The Beginning and End of Rape: Confronting Sexual Violence in Native America.

KING 5. (2018, September 10). Eye-opening report on sexual assault against Native American women - New Day NW [Video file]. Retrieved from https://www.youtube.com/watch?v=xgJ7azGSt5M

Rosay, A. (2016). Violence Against American Indian and Alaska Native Women and Men: 2010 Findings from the National Intimate Partner and Sexual Violence Survey.