Friday, March 4, 2016

Campaigning for Less: The Necessity of Action for Native American Women



 
Since my matriculation into the collegiate education system, I have been made aware of one particular safety concern for students more than any other: the prevalence of sexual violence, especially against women. Mostly notably, one statistic has been repeated above all others; one in four women are likely to experience sexual violence at some point in their life. While this statistic in itself frightens me as young woman, I have recently been made aware of another statistic that is even more terrifying. As Barbara Gurr (2015) reveals in her book, Reproductive Justice: The Politics of Health Care for Native American Women, “Native American women are over two and a half times more likely than other US women to be sexually assaulted” (p. 105). While a quarter of US women will likely experience sexual violence, over half of Native American women will experience the same fate.

 
Information Provided by http://www.strongheartedwomen.org/home/statistics

Clearly, an inequality exists for Native Americans to result in such drastic differences in this statistic. As Gurr (2015) argues throughout her book, this is largely the responsibility of the non-indigenous members of the United States over the centuries since Europeans first decided to settle North America. While laws, such as the Tribal Law and Order Act of 2010, exist to address the disparities created by the country’s development, the gap for Native American women and other US women regarding sexual assault is not narrowing (Gurr, 2015, p. 115). In order to change the huge disparities in sexual assault on Native American women, the greater body of the United States must take responsibility for its role in disparity while broadening anti-sexual violence campaigns to be more inclusive.

The problem of sexual assault against Native women cannot be addressed without first addressing the systems and history that has created the inequality of indigenous people. As Gurr (2015) argues colonialism is largely to blame. Early settlers of the country engaged in violence as a way to remove indigenous people in the efforts to claim new land. Native people quickly became part of a category of “others”, believed to be inferior to the Europeans (p. 108). By allowing violence and declaring superiority by isolating the power and habituation of Native people, colonial powers introduced a new role for Native Americans. Gurr (2015) specifically identifies the ideology behind indigenous people being inherently “rapeable” (p. 108). Native communities, especially its female populations, have become a symbol of non-Native dominance. By creating an ideal of controllability of Native people, violence continues to be high against Native Americans, as is visible in sexual assault statistics.

In further support of the responsibility of the greater United States in inequality of women, Matamonasa-Bennett (2015) conducted research about violence in Native communities, prior to US involvement, the text of which can be found here. The study, which looks of the views of Native American men of various ages on intimate partner violence, a cultural shift occurring in Native communities during colonialism. As many men note, their culture was originally based on ideas of peace and nonviolence, with a strong focus on family, community, and tribal ethics. Though the arrival of alcohol from Europeans is largely blame amongst the men in the study, a general consensus is reached that high rates of intimate partner violence in Native Americans, which includes sexual assault, are a result of colonization (Matamonasa-Bennett, 2015).

Clearly, the United States, starting with its early colonization, is largely responsible for shifts in culture within indigenous communities, but also for the greater attitude towards these “othered” people. The United States has a moral responsibility towards Native Americans because of its role in the construction of prevalent sexual violence towards women. If any hope of change is to be made, all citizens need to be made aware of this history of violence and the conditions it has created. 

Moreover, the United States has neglected the needs of Native communities and of the victimized women of these communities by creating a jurisdictional system that fails to hold perpetrators accountable for their crimes. Gurr (2015) addresses the legal system of Native Sovereignty and Tribal jurisdiction, made ineffective by laws such as Public Law 280 which gives tribes little to no power to prosecute criminal acts (p. 113). This is especially concerning because of the rates of violence against Native American women. Women are unable to obtain justice without going through the long, arduous state system because non-Native men cannot be prosecuted by the Tribes, which can only give limited sentences anyways.

Amnesty International addressed this failure of policing in 2007 through a detailed look at Tribal jurisdiction. The document, which can be found here, focuses largely on the justice system of tribes. Specifically, the story of one Native woman is portrayed:
“The mother of a survivor of sexual violence from the Standing Rock Sioux Reservation told Amnesty International how she returned home in September 2005 to find her 16-year-old daughter lying half-naked and unconscious on the floor... She described how the suspected perpetrator fled to Rapid City, South Dakota, which is outside the jurisdiction of the Standing Rock Police Department (SRPD). He returned to the Reservation in early 2006... They found out that the suspect was to go before a tribal court, but... She told Amnesty International that she hoped that the case would be referred to the federal authorities because this would mean a lengthier sentence for the perpetrator” (Amnesty International, 2007, p. 41-43).
The kinship narrative provided by the mother of a young Native American women embodies the lack of power of Tribal leadership, requiring lengthy state court proceedings.

Largely, the poorly created system of justice for Native Americans can be blamed for a continued high rate of sexual violence against Native women. A lack of accountability allows this violence to continue because the chance of severe repercussions is lower than it is on a national basis. If anti-sexual assault efforts are to be effective in any way, campaigns need to realize an address the failure of the courts to protect Native women. 

Any effort that does exist to lower rates of sexual assault of indigenous women is further impeded by the misguided focus of misinformation and a lack of comprehensive research on the subject. Gurr (2015) specifically addresses this problem by noting that campaigns focus largely on violence against Native women by Native men. In reality, 67 percent of sexual assaults and rapes are committed by non-Native men. Furthermore, when women attempt to obtain justice, they must turn to other non-Native men for protection in the legal system, increasing the disparity (p. 116). Yet, preventative measures are still being aimed at Native men. This misinformation is causing more harm than good by creating greater stereotypes about indigenous people. The situation is worsened by the fact that research on sexual violence against Native women is limited. A look through any database will reveal the lack of academic findings, especially that focus on non-Native men as perpetrators. Our information needs to be expanded into all perpetrators and situations of sexual assault to successfully identify focal points of a campaign against it.

While a deficiency in addressing this problem seems to be clear, arguments exist against the failures of the Unites State to indigenous people. We do give land and resources specifically to this group of people when other groups are not provided with such funding. However, as Gurr (2015) shows in her work, these resources have been and continue to be inadequate to meet the needs of Native Americans, who live in higher rates of poverty than the rest of the country, with serious problems like sexual assault. Commonly, such violence is blamed on the high levels of alcohol abuse by Native Americans. Yet, Matamonasa-Bennet (2015) identifies the role of colonization in providing alcohol to a group that previously practiced in abstinence and peace. Another common argument is that women do not report very often, making it hard to have accurate numbers regarding sexual violence. But structural injustices are largely to blame for the lack of trust of Native women to the Unites States government. Natives are considered to be inferior and are treated as so, earning them a lack of resources to provide for personal and legal needs. 

Ultimately, even though some action is being taking against sexual assault rates for Native Americans, it is far from being effective. Large disparities have structurally been implemented since the arrival of Europeans in North American. If any change is to be made, the country as a whole needs to realize its responsibility for the conditions than Native Americans currently face. Furthermore, steps need to be taken legally to make sure that victims of sexual assault are receiving justice for the crimes against them, while encouraging them to report the crimes in the knowledge that they will be protected against any perpetrator, regardless of race or ethnic origin. Lastly, we need to expand our understanding of the situation by conducting more research that focuses on non-Native responsibility as well. Only then can we hope to make a change in the rates of sexual assault against Native women.

References:
Amnesty International USA. (2007). Maze of injustice: The failure to protect indigenous women from sexual violence in the USA. Retrieved from http://www.amnestyusa.org/pdfs/mazeofinjustice.pdf

Gurr, B. (2015). Reproductive Justice: The Politics of Health Care for Native American Women. New Brunswick, New Jersey: Rutgers University Press. 

Matamonasa-Bennett, A. (2015). “A Disease of the Outside People”: Native American Men’s Perceptions of Intimate Partner Violence. Psychology of Women Quarterly 39(1); 20-36.


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