The document discusses the historical and ongoing issues of violence against Indigenous women in tribal communities, including high rates of sexual assault and the barriers Native women face in accessing justice systems. It also outlines culturally appropriate responses to sexual assault, such as involving traditional healers and addressing jurisdictional complexities, and calls for the development of Indigenous-based sexual assault response teams to better serve Native victims.

1. Working
Within Tribal
Communitie
s
Victoria Ybanez
Red Wind Consulting, Inc.

2. Pre-colonization
Traditional Beliefs
• Indigenous women were once held as sacred life givers
and connected to all living things
• Indigenous women had roles as leaders in their
tribes, participated and often made decisions of
importance for their tribe.
• Native women were acknowledged as a critical part of the
community, the long term survival and existence of the
tribe depended on them.
Victoria L. Ybanez, Indigenous Women’s Leadership: Our Inherent Right. Colorado
Springs, Colorado. 2012.

3. Maze of Injustice
Amnesty International Report
“Violence against Indian women
occurs as a gauntlet in the lives of
Indian women: at one end verbal
abuse and at the other murder.
Most Indian women do not report
such crimes because of the belief
that nothing will be done.”
Juana Majel, National Congress of American
Indians, and Karen Artichoker, Cangleska, Inc.-Sacred
Circle
“Most women who are beaten or
raped don’t report to the police.
They just shower and go to the
clinic [for treatment].”
Native American survivor of sexual violence (identity
withheld), February 2006

4. Sexual Assault
in Tribal Communities
• Native American women are raped at a rate more than double
the rapes reported by all races.
• The rate of violent crime experienced by Native American
women is nearly 50% higher than that reported by black males
aged 12 and over.
• 1 in 3 American/Alaska Native women will be raped in their
lifetime.
• 1 out of every 33 American men has been the victim of an
attempted or completed rape in his lifetime. 2 About 10% of all
victims are male.
Steven W. Perry, U.S. Dep't of Just., NCJ 203097, A Bureau of Justice Statistics Statistical Profile, 1992-2002:
American Indians and Crime (2004).
Lawrence A. Greenfeld & Steven K. Smith, U.S. Dep't of Just., NCJ 173386, A Bureau of Justice Statistics Statistical
Profile, 1992-1996: American Indians and Crime (1999)
Ronet Bachman, Heather Zaykowski, Rachel Kallmyer, Margarita Poteyeva, & Christina Lanier, U.S. Dep’t of Just.
Grants 223691, Violence Against American Indian and Alaska Native Women and the Criminal Response: What is
Known (August, 2008).
U.S. Department of Justice: National Institute of Justice. Prevalence, Incidence, and Consequences of Violence
Against Women. 2000.

5. Sexual Assault
in Tribal Communities
• U.S. attorneys declined to prosecute 67% of sexual
abuse and related offenses that occurred in Indian
Country from 2005-2009.
• The criminal authority of the Tribes is limited.
• A uniform reporting system is vital to the success of
obtaining resources needed for victims of sexual
violence.
GAO report number GAO-11-167R, U.S. Department of Justice Declinations of Indian Country Criminal
Matters (December 13, 2010)
Tribal Court Clearinghouse, a Project of the Tribal Law and Policy Institute, General Guide to Criminal
Jurisdiction in Indian Country
Ronet Bachman, Heather Zaykowski, Rachel Kallmyer, Margarita Poteyeva, & Christina Lanier, U.S. Dep’t
of Just. Grants 223691, Violence Against American Indian and Alaska Native Women and the Criminal
Response: What is Known (August, 2008)

6. Historical
trauma
“The collective emotional and psychological injury, both over the
life span and across generations, resulting from a cataclysmic
history of genocide.”
Dr. Maria Yellow Horse Braveheart, PhD
• Conceptualized historical trauma, as a way to develop
stronger understanding of life for many Native Americans
toward an understanding of unresolved historical grief

7. Culturally Appropriate and Sensitive
Response
• Victims cultural beliefs and practices
• Stereotypes associated with sexual violence for
AI/AN people and for Native women
• Limited resources and infrastructure
• Community and Tribal support

8. Culturally Supportive Exams
• Understand that culture can influence beliefs about
sexual assault, its victims, and offenders
• Understand that some victims may be apprehensive
about interacting with responders from ethnic and racial
backgrounds different from their own
• Be aware that cultural beliefs may preclude a member of
the opposite sex from being present when victims disrobe
• Understand that victims may not report or discuss the
assault because the stigma associated with it
• Help victims obtain culturally specific assistance and/or
provide referrals
8

9. Indigenous
Victim/Patient Centered
• Know and inform the victim how to contact a
traditional healer/s or faith-based leader
• Offer or inform the victim where to obtain traditional
medicines
• Support the victim through ceremony
• Understand the need to protect family honor
• Recognize the fear of retaliation

10. Indigenous
Victim/Patient Centered
• Discuss safety
concerns
• Recognize the interconnected relationships
within the victim’s
community
• Honor the importance of
family
• Help remove barriers
that prevent victims
from reporting an
assault or from
accessing services

11. Confidentiality
• Be sure jurisdictional policies address confidentiality
issues related to the exam process
• Increase the understanding of responders and
patients in relevant confidentiality issues
• Consider the impact of the Federal privacy laws
regarding health information on victims of sexual
assault
• Strive to resolve intra-jurisdictional conflicts

12. Indigenous-Based SART

13. Indigenous Based SART
Protocol
• Recognizes Tribal sovereignty and involves
Tribal leadership at every step
• Is culturally-specific and reflects local tradition
and customs
• Addresses jurisdictional issues with responding
agencies, such as:

Tribal Police, BIA, FBI, Sheriff’s Department,

Tribal prosecutor, U.S. Attorney, County/District
Prosecutor, and

Federal or State forensic lab.

14. Indigenous Based SART
Protocol
• Is responsive to the VAWA (including Title IX,
Safety for Indian Women)
• Is responsive to the Tribal Law and Order Act
• Identifies how to provide access to traditional
practitioners/healers
• Supports the victim’s choice for personal healing

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Tel 866-599-9650
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