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Serving American Indian/Alaska Native communities since 1996
Sexual Assault Publications
TLPI is pleased to offer the following publications addressing law and policy issues closely related to sexual assault in Indian country. Please visit our Violence Against Native Women Publications page for related publications. Also, make sure to visit our Sex Trafficking Resources website for information on sexual assault in a trafficking context and the tribal coalitions currently working on the issue.
Guide for Drafting or Revising Victim-Centered Tribal Laws Against Sexual Assault and Stalking is designed to assist Native nations interested in developing or revising victim-centered laws on sexual assault and stalking. This resource includes sample language and exercise questions designed to guide discussion on what laws will best reflect tribal values. Originally published in 2008, this resource was revised and updated to reflect innovations in tribal law and new federal requirements. (2017)
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This publication has not yet been updated to reflect the changes VAWA 2022 made to the scope of tribal jurisdiction including recognition of inherent tribal criminal jurisdiction over non-Indians who are charged with committing nine “covered crimes” – both the three initial covered crimes in VAWA 2013 (domestic violence, dating violence, and protection order violations) and six additional covered crimes (sexual violence, stalking, sex trafficking, child violence, obstruction of justice, and assaults against tribal justice personnel). For more information concerning VAWA 2022 please visit the VAWA 2022 webpage on the Tribal Court Clearinghouse www.TLPI.org.
The Tribal Court Judges Bench Book is a resource for tribal judges who hear sexual assault cases in tribal courts. It provides background information on important sexual assault and tribal jurisdictional issues, as well as providing guidance in handling key issues at various stages of a sexual assault criminal trial. (2011)
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This publication has not yet been updated to reflect the changes VAWA 2022 made to the scope of tribal jurisdiction including recognition of inherent tribal criminal jurisdiction over non-Indians who are charged with committing nine “covered crimes” – both the three initial covered crimes in VAWA 2013 (domestic violence, dating violence, and protection order violations) and six additional covered crimes (sexual violence, stalking, sex trafficking, child violence, obstruction of justice, and assaults against tribal justice personnel). For more information concerning VAWA 2022 please visit the VAWA 2022 webpage on the Tribal Court Clearinghouse www.TLPI.org.
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The Safety for Indian Women draft report documents the background, project goals and objectives, individual program challenges and accomplishments, and promising practices of the U.S. Department of Justice’s Safety for Indian Women from Sexual Assault Offenders Demonstration Initiative. The Initiative was an effort of the Office of Violence Against Women to enhance the response of tribal and federal agencies to sexual assault of Indian women. (2009)
The Tribal Law Enforcement Protocol Guide is a tool for improving the investigation of sexual assault crimes through the development of an internal protocol for law enforcement, and includes a model sexual assault protocol. Effective investigations increase the likelihood of victim participation and increase the probability of convictions in tribal, state, and/or federal courts. A law enforcement protocol can enhance the efforts of all community agencies in addressing sexual violence. (2008) This publication was developed in partnership with the Southwest Center for Law and Policy.
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This publication has not yet been updated to reflect the changes VAWA 2022 made to the scope of tribal jurisdiction including recognition of inherent tribal criminal jurisdiction over non-Indians who are charged with committing nine “covered crimes” – both the three initial covered crimes in VAWA 2013 (domestic violence, dating violence, and protection order violations) and six additional covered crimes (sexual violence, stalking, sex trafficking, child violence, obstruction of justice, and assaults against tribal justice personnel). For more information concerning VAWA 2022 please visit the VAWA 2022 webpage on the Tribal Court Clearinghouse www.TLPI.org.
Sexual Assault Response Teams is a guide to creating cohesive policies between tribal agencies. Victims of sexual assault deserve a coordinated, comprehensive response from a variety of community agencies. This SART resource provides a starting point for developing victim-centered SART teams in your community. (2008) This publication was developed in partnership with the Southwest Center for Law and Policy.
The Prosecutor Sexual Assault Protocol is a tool for improving the prosecution of sexual assault crimes through the development of an internal protocol for tribal prosecution, and includes a model sexual assault protocol. Holding offenders accountable for their actions is a key part of making your community safe. A prosecutor protocol can enhance the efforts of all community agencies. (2008) This publication was developed in partnership with the
Southwest Center for Law and Policy.
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This publication has not yet been updated to reflect the changes VAWA 2022 made to the scope of tribal jurisdiction including recognition of inherent tribal criminal jurisdiction over non-Indians who are charged with committing nine “covered crimes” – both the three initial covered crimes in VAWA 2013 (domestic violence, dating violence, and protection order violations) and six additional covered crimes (sexual violence, stalking, sex trafficking, child violence, obstruction of justice, and assaults against tribal justice personnel). For more information concerning VAWA 2022 please visit the VAWA 2022 webpage on the Tribal Court Clearinghouse www.TLPI.org.
This Final Report details the August 15-16, 2007 focus group hosted by the U.S. Department of Justice’s Office on Violence Against Women. The focus group discussed challenges to, and opportunities for collaboration between states and tribes in Public Law 280 jurisdiction to address sexual assault in Indian country. (2007)
Co-Authored Publications:
This Research Report reflects the findings of an eight-month project assessing the needs of Native American victims of family violence in California. The project was intended to inform the California Administrative Office of the Courts’ actions and projects to enhance access to, and improve the administration of, justice for Native American victims of family violence. (2010)
This Policy Paper reflects the findings of an eight-month project assessing the needs of Native American victims of family violence in California. The project was intended to inform the California Administrative Office of the Courts’ actions and projects to enhance access to, and improve the administration of, justice for Native American victims of family violence. (2010)
The Maze of Injustice is a groundbreaking report from Amnesty International that focuses on sexual violence against AI/AN women. Sexual violence is committed against AI/AN women at alarming rates and is compounded by federal erosion of tribal authority. This report covers international human rights law, issues of jurisdiction, policing, forensic exams, barriers to prosecution and support services. TLPI assisted with the development of this report. (2007)
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Amnesty International has since released updated reports including the One Year Update to Maze of Injustice in Spring 2008. In May of 2022, Amnesty International released The Never-ending maze: Continued failure to protect Indigenous women from sexual violence in the USA. Since Amnesty International first reported on this issue in 2007, rates of violence against Indigenous women have not significantly changed, and the U.S. government continues to fail to adequately prevent and respond to such violence.