Last Thursday, an official from the Justice Department called on lawmakers to take steps to give tribal courts more authority to prosecute non-Indian offenders in domestic violence cases.

In 1978, the Supreme Court stripped tribal courts of jurisdiction over non-Indian offenders. In the Tribal Law and Order Act of 2010, Congress gave tribal courts power to issue sentences of as much as three years in prison against American Indians for each domestic violence offense. Before that, tribal courts only had power to sentence an abuser to one year in prison. At present, though, tribal courts have very little power over non-Indian offenders, even when the abuser is married to a tribal member.

The problem of violence against women is reportedly significant on reservations. Data from the National Institute of Justice show that around one third of Native American women will be raped during their lifetime. And on some reservations murder rates of Native American women are over 10 times the national average. Estimates from the Justice Department are that around 70 percent of sexual assaults against Native American women go unreported.

Because of tribal courts' lack of authority, tribal leaders, law enforcement and prosecutors can do little in regard to escalating violence where a non-Indian is the perpetrator.

Senator Daniel Akaka of Hawaii has apparently sponsored legislation that would give tribal authorities more power to handle violence against Native American women. Akaka's legislation would give tribal courts power to issue and enforce protection orders for abuse victims even where non-Indians are involved. Courts would be allowed to impose sentences that gradually increase punishments for repeat offenders.

The legislation would also provide grant money for assisting victims and funding research to collect data on domestic and sexual violence against women.

Source: Washington Post, "DOJ official urges more protection for Native American women from non-American Indian abusers," November 10, 2011.