Olivia Potter Persuasive Speech

Key Concepts:

• Violence Against Women Act (VAWA)
• Tribal Jurisdiction
• Bureau of Indian Affairs (BIA) Underfunding
• Marginalization of Native American Women
• Rape Culture
• Sexual Assault Forensic Exams
• Tribal Law and Order Act of 2010
• Recidivism
• Victims Fund
• Deferential Standard of Review

I. Causes of Sexual Violence Against Native American Women

• Lack of Appropriations: The Bureau of Indian Affairs (BIA) is chronically underfunded, leading to insufficient law enforcement on tribal lands. This underfunding affects public safety and the availability of resources for victims of sexual violence.
  • Example: Victims may have to travel long distances (by boat or plane) to receive a sexual assault forensic exam due to a lack of local resources.
  • Insufficient funds discourage tribes from adopting the VAWA due to the high costs of hiring more attorneys, judges, and paying for more prison beds. As of January 2018, only 16 tribes had adopted it, leaving 97% of tribes unable to prosecute non-Indians for sexual violence.
• Jurisdictional Issues: The complex relationship between federal, state, and tribal jurisdiction depletes tribal authority.
  • Amnesty International's 2007 report, "Maze of Injustice," highlights the complexity of determining accountability for crimes based on factors like tribal membership and location of the offense.
  • The VAWA and the Tribal Law and Order Act of 2010 have limitations that strip tribal court authority. Kathleen Radley Shafer notes that only recidivists can be considered, and federal courts have generally failed to try a large number of offenders of crimes on tribal land.

II. Effects of Sexual Violence Against Native American Women

• Continued Marginalization: Native American women are disproportionately affected by sexual violence.
  • According to a December 20th, 2018 report by the U.S. Commission on Civil Rights, Native American women are four times more likely to be sexually assaulted than the national average.
  • A 2016 audit of 19 Alaskan police departments found nearly four thousand unprocessed rape kits.
• Perpetuation of Rape Culture: Centuries of aggressors going free has perpetuated rape culture within Native American communities.
  • Kimberly Norris referred to reservations as "a hunting ground for white non-native men to rape, abuse, and even murder Native women" (Washington Post, February 8th, 2014).
  • Carolina Toner of the Tohono O'odham Nation shared her experience of a suicide attempt starting around age eight due to the prevalence of sexual violence.
  • Adam Partin and Coming Browne (2016, Professional Counselor Journal) point out that once a Native American woman living on tribal lands is exposed to sexual violence, the likelihood of her becoming a victim again is as high as 80%.

III. Solutions to Address Sexual Violence

• Governmental Level:
  • Congress must increase appropriations to the Bureau of Indian Affairs.
  • Amend the VAWA to allow for the prosecution of strangers and relax restrictions grants of authority to provide victim assistance.
  • The Indian justice system should dedicate fines from sexual violence crimes committed on tribal lands to a designated victims fund.
  • Shafer outlines a deferential standard of review in examining tribal court decisions, and thus federal courts would be able to protect individuals against any possible unfair treatment while still not interfering with tribal sovereignty.
• Personal Level:
  • Call local officials and urge them to take action, using provided call scripts.
  • Spread awareness through social media using the hashtag #OneInThree.

IV. Notable Quotes and Statements

• Deborah Parker: "I was the size of an approximately two and a half feet couch cushion, which is where he raped me."
• Kimberly Norris: Reservations are "a hunting ground for white non-native men to rape, abuse, and even murder Native women."
• Carolina Toner: "I'm just going to be around people raping or molesting me. I just want to leave."
• Deborah Parker: "Why is my life and the life of so many other Native American women less important?"

V. Technical Terms and Concepts

• Violence Against Women Act (VAWA): Federal law intended to improve criminal justice and community-based responses to domestic violence, dating violence, sexual assault, and stalking.
• Tribal Jurisdiction: The authority of tribal courts to hear and decide cases within their territory.
• Bureau of Indian Affairs (BIA): A federal agency responsible for the administration and management of land held in trust by the United States for Native Americans.
• Recidivism: The tendency of a convicted criminal to reoffend.
• Deferential Standard of Review: A standard of judicial review where a court defers to the judgment of a lower court or administrative agency.

VI. Synthesis/Conclusion

The sexual violence epidemic against Native American women is a multifaceted problem stemming from systemic underfunding, jurisdictional complexities, and the perpetuation of rape culture. Addressing this issue requires both governmental action, including increased appropriations and amendments to the VAWA, and personal efforts to raise awareness and advocate for change. The goal is to ensure that justice is accessible to all, regardless of reservation lines, and that the lives of Native American women are valued and protected.