In passing the Special Domestic Violence Criminal Jurisdiction (SDVCJ) statute, Congress noted the epidemic rates of violence against native women including that one in three would be raped in their lifetime, three in five will be physically assaulted, and native women were twice as likely to be stalked as other women.1 Congress stated that the “restoration of inherent tribal authority to investigate, prosecute, convict, and sentence perpetrators of violence against women would allow tribes to protect victims of violence and address these pervasive crimes against Native American women.” 2 Clearly, Congress recognized the epidemic of violence being committed against Native women and focused on supporting tribal authority to address the epidemic of violence occurring in Indian country. Congressional intent provides a critical backdrop for interpreting SDVCJ text and underscores an endorsement of tribal sovereignty.
Utilizing Tribal Law to Define SDVCJ Categories of Criminal Conduct, SDVCJ Crimes, and Pleading/Proving Jurisdictional Facts
organization_for_library:
National Congress of American Indians