Dating violence laws
(See our General Guide to Criminal Jurisdiction in Indian Country.) A "participating tribe," or a tribe that elects to utilize the special domestic violence criminal jurisdiction, may prosecute a non-Indian defendant for acts of "Domestic violence," "dating violence," and "protection orders," are defined within the Text of the Law Here.It is important to note that the “special domestic violence criminal jurisdiction” does NOT include the crime of sexual assault.Native women are battered, raped, and stalked at far greater rates than any other population of women in the United States: 34% of Native women will be raped in their lifetimes and 39% will be the victim of domestic violence. Amnesty International’s Maze of Injustice Report (2007) similarly noted that American Indian and Alaska Native women continue to experience high levels of sexual violence.Violence in Indian country is compounded by a systemic failure to prosecute offenders.(Violence Against Women Reauthorization Act of 2013, S.47, 113th Congress, 2013-2015.) VAWA of 2013 included Title IX—Safety for Indian Women. Availability Available under RCW 26.50 (civil protection orders), RCW 26.09 (dissolution and legal separation), RCW 26.10 (third-party custody), and RCW 26.26 (paternity). Definition “Domestic violence” means physical harm, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, or stalking.
Native Americans are victims of violent crime at rates more than double those of any other demographic group in the United States. In particular, violence against Native women has reached epidemic proportions.
Anger management Anger management classes are not appropriate for perpetrators and are not certified. Other types of counseling Marital, couple, and religious counseling are not appropriate for perpetrators as they implicate the victim as part of the problem.
Court discretion Public policy gives the court discretion to modify, terminate, or maintain the order.
One of the more debilitating factors, however, is that tribal courts are without any recourse against non-Indian offenders in Indian country due to a 1978 Supreme Court case. Among its other provisions, Congress amended the Indian Civil Rights Act (ICRA) of 1968 to authorize "special domestic violence criminal jurisdiction" to tribal courts over non-Indian offenders who commit (1) domestic violence, (2) dating violence, or (3) violate a protection order. Note that due to jurisdictional frameworks in existence prior to VAWA, either the federal or state government will continue to have concurrent jurisdiction over these same non-Indian offenders, for the same crime prosecuted by the tribal court.
Note that because tribes are distinct sovereigns from the states and from the federal government, there are no double jeopardy concerns for dual prosecutions.