Native Americans And Domestic Violence
- Rachel Bussett
- Nov 2, 2022
- 4 min read
Updated: Oct 4, 2023
November is Native American Heritage Month and October was Domestic Violence Awareness Month. Both of these items made me think about the prevalence of domestic violence in the Native American Community. The statistics in this community are much higher than any other ethnic group. Studies show that more than 4 out 5 (approximately 83%) of Native and Indigenous Peoples have experienced some form of violence in their lifetime. This includes domestic, sexual, stalking, and psychological violence. Both men and women experience high rates of violence, with women experiencing higher rates of sexual violence. Native Americans and Indigenous Peoples are also at higher risk for experiencing physical injury, needing medical services or psychological services for their injuries. The Native and Indigenous population is also at higher risk for victimization by human trafficking comparatively to other ethnic groups. The high rates of victimization in this cultural group is traced back to colonization in the Americas. This history of violence and trauma among native women and girls has led to the start of a movement known as the Missing and Murdered Indigenous Women Movement (“MMIW”). Indigenous Women are murdered at a rate 10 times higher than that of other races. Additionally, murder is the third leading cause of death for native women. The symbol of the MMIW Movement is a red handprint over a mouth. It stands for all the missing sisters whose voices are not heard. It stands for the silence of the media and law enforcement in the midst of this crisis. It stands for the oppression and subjugation of Native women. The question is why do Native American Women remain so vulnerable in today’s society? My research into the area shows it's hard to quantify what exactly is happening with our Native population to make them so much more vulnerable than other ethnic female populations. One theory is that the violence is tied to the relocation policies for native peoples, failure to properly track people, and only a small percentage of the population living on reservation land leading to less ties to culture and community to assist and look out for these women. Other factors include being people of color, coming out of the foster care system, and poverty. Additionally, the stereotypes applied to Native communities since colonization - “lazy, drug addicts, and alcoholics who rely on the government to survive” do not help resolve these issues. Studies show these old stereotypes can still play into the response when native women are reported missing. We must change the narrative about people to make an impactful change in this area. Cultural norms have also played a part in the role of native women being subjected to violence. Colonial society was primarily patriarchal, with men holding positions of authority and handling the labor in the communities with submissive women doing what they were told. While Native culture tends to be more matriarchal, and women held positions of authority and did a large portion of labor within their groups. However, women aren’t the only victims of violence in the Native populations. Native children are more likely to experience trauma and abuse than their peers and 82% of native men also experience violence in their lifetimes. Oklahoma is the state with the second highest population of Native Americans in the United States and is home to 39 tribal nations. Canadian County is home to the Cheyenne Arapaho Tribe. The Native Alliance Against Violence (NAAV), is a nonprofit organization operating as Oklahoma’s only tribal domestic violence and sexual assault coalition. It is not a direct service provider but works with the domestic violence programs with each tribe by providing culturally appropriate technical assistance, training, and support to eliminate domestic violence, sexual assault, stalking, and dating violence to restore balance and safety for tribal communities. NAAV can also make referrals for the CIRCLE Project (Coordinated Indigenous Resource Center for Legal Empowerment Project). CIRCLE provides native survivors of domestic violence with comprehensive, high quality, culturally competent, and effective legal representation throughout Oklahoma. Access to proper legal representation is key to escaping these situations and moving forward in a positive way. Additionally, the 2020 SCOTUS decision of McGirt v Oklahoma plays an important role in the MMIW movement. McGirt ruled that a significant portion of Eastern Oklahoma is still an Indian Reservation for purposes of the Federal Major Crimes Act. Under the McGirt decision, prosecution of crimes by Native Americans on tribal lands falls under the jurisdiction of tribal courts and the federal judiciary rather than Oklahoma courts. In a subsequent case this year, SCOTUS ruled that jurisdiction to prosecuted non-natives whom commit crimes against Native people on tribal lands were held jointly by federal and state governments. McGirt is seen as having a significant impact on Native American rights and seemed to acknowledge that many promises to Native peoples by the government had gone unfulfilled. As a result of the McGirt decision, dozens of cases involving native American defendants were reviewed and sent from the state to the federal system for prosecution. The decision leaves open the potential for impacts in areas such as taxation, adoption, and environmental regulation based on the continued existence of the reservations. I expect to see more developments on these subjects in the coming years. While the McGirt decision did not ultimately arise out of the MMIW movement, it will make a significant impact on the reduction of violence for native people. In April 2021, the Missing & Murdered Unit (MMU) within the Bureau of Indian Affairs was opened to provide leadership and direction for cross-departmental and interagency work involving missing and murdered American Indians and Alaskan Natives. The MMU was formed to prioritize cases and help families reach closure and resolution on the loss of their loved ones and to hold people accountable. Steps are being taken in many organizations to identify and stop the cause of abuse and violence within the Native community. Additionally, critical steps are also being taken to help victims and families to recover so they can move forward in a positive way. This is only a brief overview of the many many issues impacting the Native American community and domestic violence and the organizations dedicated to helping the community. For more information about the MMIW movement please visit: https://www.nativehope.org/
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