Amnesty
International
MAZE OF
INJUSTICE
The failure to protect
Indigenous women
from sexual violence
in the USA
One Year Update
Spring 2008
Amnesty International
Maze of Injustice: The Failure to Protect Indigenous Women from
Sexual Violence in the USA
1 Year Update: Spring 2008
“Maze of Injustice” has brought a face to violence and sexual assault in this country that most people have never
seen before. The cries from the “Grass Roots” women in Indian County are finally being heard throughout the halls
of Congress. Amnesty International and Native women have worked together to bring this issue to the attention of
policy makers. It is now time for those policy makers to make changes that will improve the lives of Native women!”
- Charon Asetoyer, Executive Director, Native Women’s Health Education Resource Center,
South Dakota
On April 24, 2007, Amnesty International issued a report entitled
Maze of Injustice: The failure to protect Indigenous women from sexual
violence in the USA. The report confirmed what Native American and
Alaska Native advocates have long known: that sexual violence
against women from Indian nations is at epidemic proportions and
that survivors are frequently denied justice. As the Amnesty Interna-
tional report demonstrates, this is not simply a public health or crim-
inal justice issue, but a serious human rights issue, that the US
government is obligated to address under internationally recognized
human rights standards.
The U.S. Department of Justice’s own statistics indicate that Native
American and Alaska Native women are more than two and a half times more likely to be raped or
sexually assaulted than women in the USA in general and that 86% of the reported crimes are com-
mitted by non-Native men. The AI report found that as a result of barriers including a complex ju-
risdictional maze and a chronic lack of resources for law enforcement and health services,
perpetrators are not being brought to justice. Native American and Alaska Native women:
May get a police response;
May never have access to a sexual assault forensic examination; and
May never see their case prosecuted.
None of this is inevitable or irreversible. The voices of Indigenous women who have come forward
to speak about these issues send a message of courage and hope that change can and will happen.
Their voices are being heard: Over the past year the issue of violence against Indigenous women has
risen significantly on the political agenda. The Senate Committee on Indian Affairs held three hear-
ings1 and the House Committee on Natural Resources2 also held a hearing on law enforcement in
Indian Country, and specifically included sexual violence. Indigenous advocates, survivors and AI
staff testified at these hearings. On the local level, an AI survey of advocates who provided infor-
mation for Maze of Injustice found that the report has been useful as to “raise awareness” and to
“begin critical conversations.”
Oversight hearing on law enforcement in Indian Country, May 17 2007 (S. Hrg. 110-106); Oversight hearing on law enforcement in
Indian Country, June 21, 2007 (S. Hrg. 110-136); Oversight hearing Examining the Prevalence of and solutions to Stopping Violence
Against Indian Women, September 27, 2007 (S. Hrg. 110-196). All held in Washington D.C.
Oversight Hearing on the Needs and Challenges of Tribal Law Enforcement on Indian Reservations, Lower Brule, S.D., June 1, 2007
(Serial No. 110-28)
1
2
1
At the federal level, and in each of the three locations3 where AI undertook detailed research and
campaigning, increased pressure and attention, at least in part, resulting from the publication of the
AI report, has led to some specific gains and promising initiatives – for example:
In Oklahoma a law was passed allowing access to free sexual assault forensic examinations
(also known as rape kits) for all victims of sexual assault.
The Alaska Senate established a Task Force to review the Village Police Safety Officer pro-
gram. A report was published on February 2008, recommending increasing staffing by en-
hancing efforts to recruit and retain officers.4
In Standing Rock, the town council of McLaughlin approved a zoning application by the
Pretty Bird Woman House to establish a shelter for victims of sexual assault and domestic vi-
olence. At the time research was undertaken for the Maze report, there was no shelter on
the reservation.
On the federal level, Senator Byron Dorgan (D-ND) Chairman of the Senate Committee on
Indian Affairs developed a concept paper following Senate hearings and meetings with tribal
leaders.5 The paper is an attempt to create a comprehensive plan of action, and lists a number
of proposed solutions to law enforcement issues in Indian Country. Senator Dorgan is re-
portedly planning to propose legislation based on this paper. The ranking Republican Sen-
ator, Lisa Murkowski (R-AK), has also expressed strong interest in seeing that Congress takes
steps to address this issue.
The US Senate also passed the Indian Health Care Improvement Act in February 2008 with
an amendment by Senator Johnson (D-SD), mandating that Indian Health Service (IHS)
develop standardized sexual assault policies and protocols, in coordination with tribes, tribal
organizations and the Office on Violence against Women at the Department of Justice.6
During the 2008 hearings held by the House Appropriations Committee on the IHS and Bu-
reau of Indian Affairs (BIA) budgets, Congressman Moran (D-VA) raised the issue of violence
against Native American and Alaska Native women. Interest was generated within the Com-
mittee to pursue further investigation of the serious problem and marshal additional re-
sources for IHS and BIA to ensure a response to the problem. House Appropriations
Committee staff scheduled a meeting with representatives of IHS, BIA, AIUSA and a Native
American legal expert to discuss how to tackle the issue of violence against Native American
and Alaska Native women on April 17, 2008.
These developments are welcome – in some cases, groundbreaking - steps towards stopping the vi-
olence and ensuring that women who experience sexual violence have access to support and justice.
However, concrete changes are still lacking in crucial areas:
Adequate and appropriate health services: IHS should immediately adopt and implement na-
tional uniform protocols on dealing with sexual violence, and must prioritize the establish-
ment of Sexual Assault Nurse Examiner programs. If IHS fails to adopt strong protocols on
its own, Congress should mandate these initiatives and ensure the IHS has adequate funding
to implement them.
Data collection on prosecution of cases: US Attorneys should immediately begin compre-
hensive data collection, and make it public. If the Executive Office of US Attorneys fails to
3 The Standing Rock Sioux Reservation in North and South Dakota, the State of Oklahoma and the State of Alaska. The locations
were selected to illustrate different policing and judicial arrangements
4 Alaska State Senate Village Public Safety Officers (VPSO) Task Force Report to the Senate, February 1, 2008
5 Senator Byron L. Dorgan, Concept Paper for an Indian Country Crime Bill, U.S. Senate Committee on Indian Affairs, November 7,
2007, Available At: http://www.indian.senate.gov/public/_files/IndianCrimeBillCONCEPTPAPER.pdf
6 S. 1200, 110th Cong. (2008), passed by the Senate and Sent to the House of Representatives, referred to the House Committee
on Natural Resources (last checked 2 April 2008)
2
do so, Congress should mandate these steps.
Resolving the jurisdictional maze: The federal government should remove the barriers to jus-
tice created by jurisdictional confusion and complexity by directly addressing the complex
rules and legislation.
The urgency of this issue is undiminished: On the ground women are facing many of the same issues
they did one year ago. Local advocates surveyed for this update told AI that they had seen no or only
limited improvements for women in most areas.
At the one year mark of the release of Maze of Injustice, there is significant, even historical, opportunity
for change but there is also real danger that the follow through that is so desperately needed will not hap-
pen. It will require working together on all levels to fulfill the promises made.
The legal relationship that exists between the US federal govern-
ment and tribes (trust responsibility) places on the US govern-
ment a unique legal obligation to ensure the protection of the
rights and wellbeing of American Indian and Alaska Native peo-
ples. As citizens of particular tribal nations, the welfare and safety
of American Indian and Alaska Native women are directly linked
to the authority and capacity of their nations to address such vi-
olence. However, the federal government has steadily eroded
tribal government authority and chronically under-resourced law
enforcement agencies and service providers. The federal govern-
ment must honor their trust responsibility and take urgent action
to address sexual violence against Indigenous women.
Addressing sexual violence against Native American and Alaska
Native women requires a holistic and integrated approach. In all
efforts by federal and state authorities collaboration and co-oper-
ation with Indigenous nations and Indigenous women particular
must be meaningful and ongoing.
This update will present the main achievements of the past year
in more detail and identifies urgent priorities going forward.
Amnesty International hopes that the report, Maze of Injustice,
and this one-year update can contribute to and support the work of the many Native American and
Alaska Native women’s organizations and activists who have been at the forefront of efforts to pro-
tect and serve women, and are carrying out important and innovative work to end sexual violence.
Cindy Pennington, former police officer and chair of the
Alaska Native Women's Sexual Assault Committee. The
Committee, which was formed in 1999 and whose mem-
bers include the Anchorage Police Department and
Alaska Native organizations, focuses on public education
and prevention. In 2001 the Committee was honored
with a Crime Victims Service Award from the US Depart-
ment of Justice.
3
Title IX of the Violence Against Women Act
(VAWA)7 directs the Attorney General to con-
duct a national baseline study on sexual vio-
lence committed against Indigenous women and
to evaluate the effectiveness of tribal, federal,
state and local responses.8 The FY2008 Om-
nibus Appropriations Act passed by Congress
appropriated $940,000 for this study.9
According to newly appointed Director of the
Office of Violence Against Women at the De-
partment of Justice (DOJ), Cindy Dyer, the
baseline study is likely to consist of multiple
projects over a longer period of time. A com-
prehensive research agenda has as yet not
been prepared, however, a task force to guide
the study was established on March 31, and
their first meeting is reportedly scheduled for
the summer of 2008. 10
Some progress has been made in the interim:
a working group is developing comprehensive
outreach to the 562 federally recognized In-
dian tribes and Alaska Native villages and cor-
porations; developing sampling and research
plans; and releasing a report highlighting ex-
isting literature and research on violence
against
American
Indian/Alaska
Native
women as well as criminal justice response.11
I.
Data collection
“The Amnesty International report was a wake-up call that the federal government has not been listening
carefully enough to the advocates for our Native women and that’s wrong and needs to change.”
- Senator Lisa Murkowski (R-AK), U.S. Senate Committee on Indian Affairs, Oversight Hearing on Law Enforcement in Indian Country,
June 21 2007
There is still a dearth of specific data about sexual violence against Native women. Limited data cur-
rently available impedes the ability to develop responses to crimes of sexual violence against Native
American and Alaska Native women. There is a lack of comprehensive data about the incidence of
the sexual violence as well as about responses by authorities, including the outcomes of the cases
referred for prosecution.
Title IX of VAWA also directed the Department of
Health and Human Services to conduct a study
on the number of cases involving violence
against Native American and Alaska Native
women and the cost of providing related health
services. This study has not been funded - AI
found a failure to provide adequate and appro-
priate health services including forensic exami-
nations.
Accomplishments and promising
developments
Remaining concerns
7 The Act, first passed by Congress in 1994, is a collection of funding programmes and actions to improve criminal justice and com-
munity-based responses to violence against women, including sexual violence. Thanks to the advocacy of Native American and Alaska
Native women, the 2005 version of the Act contains, for the first time, a specific Tribal Title (Title IX).
8 Violence Against Women Act, Public Law No. 109-162, (2005)
9 Consolidated Appropriations Act of 2008, Public Law No. 110-161 (2008)
4
Urgent Next Steps
The federal government must fulfill their obligation to ensure that the national baseline
study on violence against Indigenous women, including sexual violence, is conducted.
US Attorneys should immediately begin comprehensive data collection, and make it
public: Data should be kept on cases of sexual violence against Native American and Alaska Na-
tive women, including the Indigenous or other status of victims and suspects, localities where
offences take place and reasons why a case was declined. It should be mandated that this data
be shared with tribes in a timely manner including the reasons for declinations. Decisions not
to prosecute must be communicated to the survivor and other prosecutors with jurisdiction.
The Dorgan concept paper recommends that
US Attorneys (federal prosecutors) be mandated
to file and maintain data on declination reports.
The US Attorneys’ Office has not initiated data
collection absent a legislative mandate.
10 U.S. Department of Justice, Office on Violence Against Women, At: http://www.ovw.usdoj.gov/siw.htm
11 Cindy Dyer, Partners in anti-crime, Letter, Indian Country Today, posted March 21, 2008 At: http://www.indiancountry.com/con-
tent.cfm?id=1096416878 and Cindy Dyer, Director U.S. Department of Justice, Office on Violence Against Women, Letter to Tribal
leaders, February 19, 2008 At: http://www.ovwtribalconsultation.com/, visited April 10, 2008
5
After the destruction of her sexual assault forensic examination,
J was advised to drop her complaint due to lack of evidence.
Since then J has teamed up with AIUSA appearing at hearings in
Washington, DC to make sure that no other Native woman is
forced to drop her complaint due to lack of evidence.
Training
The Dorgan concept paper proposes to en-
hance family violence training for tribal and
Federal law enforcement. AI and allies have
further emphasized that sexual violence
should be included in the curriculum.
In Oklahoma, as of November 1, 2007 all
police officers who go through the academy
must have 6 hours of Sexual Violence train-
ing.14 Advocates whot co-teach the training
told AI that they make sure that they stress
Funding
When asked about the low staffing levels of law
enforcement in Indian Country, BIA Director
Patrick Ragsdale said he “expects the situation
to improve with $16 million in new funding that
the Bush administration has proposed, which
would add about 50 new BIA officers.”17 NPR
noted that spread among the 200 tribal jurisdic-
tions, 50 new officers comes out to well below
one per tribe.18
II.
Police response and prosecutions
Leslie Ironroad, a 21-year-old Native American woman was raped and severely beaten by four men in
February 2003. Her friend told AI that she was transferred to a hospital in critical condition, having
taken an overdose of anti-diabetic medication that she found in the house where she had been raped
with the apparent intention of committing suicide. Rhea said: “she just lay there all beat up, with big
black eyes.” According to Rhea, a Standing Rock Police Department (SRPD) officer came to the hos-
pital and questioned her. Leslie died two weeks after the rape. Rhea says she spoke to the police of-
ficer a year later; he told her the rape case was closed. “The perpetrators are still walking around” she
told AI, “I don’t know why.” Interview with Rhea, 2006 (details withheld)
Following the launch of the AI report, the BIA re-opened the investigation into Leslie Ironroad’s case.
According to the SRPD the case is still open, but there are no further updates.12
“The story of what happened to [Leslie] Ironroad, and more importantly what happened to the investigation
of her death, is a window into what is happening on Native American reservations across the country.
Cases like hers are going unreported, uninvestigated and unprosecuted...”
- Laura Sullivan, Rape Cases on Indian Lands Go Uninvestigated, National Public Radio, July 25, 2007
Navajo police reported that of 328 rapes committed on the reservation in 2007, only 17 led to an
arrest. According to Police Chief Jim Benally violent crimes are investigated by the FBI and pros-
ecuted by U.S. attorneys, “so it may take two to four years before an arrest is made.”13
There are frequently lengthy delays in responding to reports of sexual violence against Indigenous
women – and sometimes no response at all. A lack of appropriate training in federal, state and tribal
police forces also undermines survivors’ right to justice. Law enforcement in Indian Country and
Alaska Native villages is chronically under-funded. Even if there is a police response to crimes of
sexual violence, prosecutions are rare due to jurisdictional complexities and because of severe under-
funding of tribal courts.
Accomplishments and promising
developments
Remaining concerns
12 Amnesty International interview with Gerald White, Standing Rock BIA Police Chief, April 2, 2008
13 Fax to Amnesty International, Jeanette Dentdale, Statistical Research Analyst, Acknowledged by Orlando D. Bowman, Program
Supervisor, Information Management Section, NPD, April 15, 2008;
Donovan, Alcohol fuels crime increase. Spike in domestic violence cases results in increase in crime statistics, Special to the Times,
April 3, 2008 at http://www.navajotimes.com/news/040308alcohol.php
14Okla. Stat. Ann., tit. 70, sec. 3311.5
6
how jurisdictional issues greatly affects sex-
ual violence cases.15 AI notes that the patch-
work nature of tribal and state land in
Oklahoma means that there are considerable
difficulties in establishing jurisdiction, and
urges an expansion of police training on this
issue.16
Working with Indigenous women’s
organizations
In the Standing Rock Sioux Reservation, ad-
vocates reported that the Standing Rock Po-
lice Department (SRDP) chief is now
regularly meeting with, and has expressed his
support for their domestic violence program.
Staffing levels
Although they may be the first or only officers
to respond to a crime, Village Public Safety
Officers (VPSOs) are not certified by the
Alaska Police Standard Council. Over 80 per
cent of those who are not afforded trained
and certified law enforcement protection are
Alaska Native.19 As a result, the VPSO pro-
gram has been criticized as a separate, un-
equal
and
insufficient
form
of
law
enforcement.20 In 2007, the Alaska Senate
established a Task Force to review the VPSO
program. A report was published on February
2008, recommending increasing staffing by
enhancing efforts to recruit and retain offi-
cers. 21
Senator Dorgan’s concept paper has a number of
proposals for additional grants targeting law en-
forcement and prosecutors. It is positive that
there are suggestions to increase funding, how-
ever, without ongoing funding which is not tied to
federal oversight, the impact may be short-lived
and may not reach the areas where there is the
greatest need.
15 Jennifer McLaughlin, Oklahoma Coalition Against Domestic Violence and Sexual Assault, co-teacher of CLEET classes on sexual
assault, April 2, 2008
16 The Council on Law Enforcement Education and Training (CLEET) reportedly provided “just a passing glance” on jurisdiction at
the time of the publication of Maze. AI interview with Jeanie Nelson, Director of State of Oklahoma Council on Law Enforcement
Education and Training, 26 September 2005
17 The Department of Interior (DOI) reported that the $16 million for the Safe Indian Communities Initiative would primarily target
fighting methamphetamine distribution. $5 million were earmarked to hire and train additional law enforcement officers. According
to the DOI, Congress augmented the amount to $24 million in the final budget. See http://www.doi.gov/initiatives/indian_safe_com-
munities.html and http://www.doi.gov/budget/2008/08Hilites/DH43.pdf
18 Laura Sullivan, Rape Cases on Indian Lands Go Uninvestigated, National Public Radio, July 25, 2007
19 Some 165 off-road communities lack “certified” police officers, 136 of which are Alaska Native villages. Complaint for Declara-
tory and Injunctive Relief, Alaska Inter-Tribal Council, et al., v State, et al, 25 October 1999
20 Alaska Advisory Committee to the US Commission on Civil Rights, Racism’s Frontier: The Untold Story of Discrimination and Di-
vision in Alaska, April 2002
21 Alaska State Senate Village Public Safety Officers (VPSO) Task Force Report to the Senate, February 1, 2008
7
Urgent Next Steps
The Federal government must ensure that the chronic under-resourcing of law enforce-
ment agencies and tribal justice systems, is adequately addressed through permanent
funding solutions.
All trainings and training materials should be shaped and drafted by Native American
and Alaska Native women experts on family and sexual violence. Sufficient funds for
this training should also be available for tribes.
8
Standing Rock Sioux Reservation, SD
III.
Jurisdiction
“[A]s long as the tribe must depend on the federal government to police and prosecute people on their
own land, anyone who comes here may well be able to rape or assault women … and get away with it.”
- Ron His Horse Is Thunder, Chairman of the Standing Rock Sioux Tribe, July 25, 200722
“Our people are afraid because there are persons committing crimes against us at night and in broad day-
light … We have criminals that are simply unafraid of prosecution.”
- Fort Peck Tribal Chairman, A.T. “Rusty” Stafne, Montana, December 200723
The federal government has steadily eroded the authority and capacity of tribal governments to re-
spond to crimes committed on tribal land and has created a complex jurisdictional maze that often
results in perpetrators going free. It is often very confusing to figure out just who has the authority
to address crimes committed against Indian women. This can lead to delays in investigations or no
response at all.
Senator Dorgan’s Concept Paper includes
proposals which address the jurisdictional
maze through enhancing collaboration agree-
ments, trainings, improving collaboration as
well as the liaison role within US Attorney Of-
fices.
Initiatives to address the jurisdictional maze have
failed to address its root problems, which would
require restoring tribal authority to investigate and
prosecute cases of sexual violence.
Accomplishments and promising
developments
Remaining concerns
In Oklahoma, the FBI and the BIA introduced a toll-free number to report crimes committed on tribal
lands, in an effort to “eliminate confusion about what law enforcement agency should respond to
crimes that take place on tribal lands.”24
However, there are serious concerns about this program in terms of the safeguards in place for
women as well as the provision of translation services. The hotline, and all such programs, should
be developed and evaluated in collaboration and consultation with tribal nations and Native American
women’s organizations.
Urgent Next Steps
The federal government must remove barriers to justice created by jurisdictional confusion
and complexity by:
Addressing the jurisdictional challenges created by Oliphant v. Suquamish by recognizing
the concurrent jurisdiction of tribal authorities – thereby re-affirming inherent tribal au-
thority - over all crimes and matters occurring within Indian country.
Removing limitations on tribal imposition of incarceration and fines which are currently
restricted by the Indian Civil Rights Act.
Making available the necessary funding and other resources to enable tribal authorities to
develop their courts so that they have the capacity to operate effectively and in accordance
with international standards.
22 Laura Sullivan, Rape Cases on Indian Lands Go Uninvestigated, National Public Radio, July 25, 2007
23 Richard Person, “Citizens seek ways to make Fort Peck Reservation a safer place” Great Falls Tribune, December 18, 2007
24 FBI Press Release, October 10, 2007. At http://oklahomacity.fbi.gov/pressrel/2007/oct10_07.htm;
Julie Bisbee, New hotline to report crime on tribal lands, The Oklahoman, October 10, 2007
9
IV.
Ensure Access to Sexual Assault Forensic Examinations
Health service providers have a key role to play both in providing survivors with any medical atten-
tion they may need and in documenting sexual violence. Many IHS facilities do not consistently
provide a forensic sexual assault examination. IHS facilities lack clear protocols for treating victims
of sexual violence, are severely under-funded and lack personnel trained to provide services in the
event of sexual violence. In addition there is a need for the IHS to assess how better to support staff
responsible for testifying in court during a prosecution.
Protocols25
According to the IHS website: “As a result of
this report [Maze of Injustice], the IHS will
help develop a prototype policy on sexual as-
sault that can be used by facilities to help
ensure the provision of best practices and
culturally appropriate medical and supportive
care for victims.”26
The Senate passed the Indian Health Care
Improvement Act in February 2008.27 Sen-
ator Johnson (D-SD) introduced an amend-
ment mandating that the IHS develop
standardized sexual assault policies and pro-
tocols, in coordination with tribes, tribal or-
ganizations and the Office on Violence
against Women at the Department of Justice.
Sexual Assault Nurse Examiner (SANE)
programs and personnelcol
An IHS initiative to improve health care re-
sponses to domestic violence with project
sites in twenty locations, found an alarming
incidence of sexual assault. In response, sev-
eral of the projects reportedly trained SANEs
who are on call and available for emergency
room care. For other sites, cooperation with
existing sexual assault community resources
Universal protocols have not yet actually been
developed in the year since the release of the re-
port.
A companion bill to the Indian Health Care Im-
provement Act has been introduced in the
House, but has not yet passed. At the time of the
writing of this report, the House version did not
include the language in the Johnson amend-
ment.28
It is not clear that there is a commitment at the
national level to ensure that SANEs are available
at IHS facilities across the nation. When ques-
tioned by the Senate Committee on Indian Af-
fairs, the former director of IHS, Dr. Charles W.
Grim indicated that “even some of our hospitals
that might be capable of carry out a SANE pro-
gram … defer to another hospital in their city
that has it” He further noted that, “Those that
aren’t trained to actually do it can hold evidence
you know until state troopers or others you know
or tribal police show up.” .
Accomplishments and promising
developments
Remaining concerns
25 The Department of Justice previously convened national experts to create a recommended protocol for sexual assault forensic
exams which could serve as the basis for IHS protocols – available at http://www.ncjrs.gov/pdffiles1/ovw/206554.pdf.
26 Domestic Violence – Denise Grenier, Rachel Locker, IHS-ACF Domestic Violence Project “The failure to protect Indigenous women
from sexual violence in the USA” Available at: http://www.ihs.gov/MedicalPrograms/MCH/M/obgyn0607_Feat.cfm, visited March 27,
2008.
27 S. 1200, 110th Cong. (2008)
28 Indian Health Care Improvement Acts Amendments, H.R. 1328, 110th Cong. (2007)
10
reportedly was sought to strengthen re-
sponses. Project administrators suggest their
experiences can be applied to enhance
health care responses to sexual violence as
well as domestic violence. 29
Oklahoma has established the position of a
statewide SANE Coordinator who will be re-
sponsible for the recruitment, training and
retention of SANEs.30
Participation of medical personnel in court
proceedings
An amendment to the Indian Health Care Im-
provement Act32 introduced by Senator John-
son mandates the Director of IHS to approve
or disapprove any request for a SANE to pro-
vide testimony in court, and to approve it if it
does not violate the policy of the Department
to maintain strict impartiality with respect to
private causes of action33 (If the Director
does not respond within 30 days the request
will automatically be approved).
Free access to forensic exams
Oklahoma passed a bill that allows victims to
access free sexual assault forensic examina-
tions, including victims who do not press
charges immediately. The law went into ef-
fect on November 1, 2007. 35
A survey of IHS Service Units by the Native
Women’s Health Education Resource Center,
found a continuing lack of clarity and standardi-
zation regarding sexual assault policies in general
and particularly in regard to emergency contra-
ceptives. Researchers found that “nursing super-
visors and nurses… were sometimes unsure of
which department or personnel treat patients in
cases of sexual assault.” The survey also found
that while “many hospitals” are working to imple-
ment a policy regarding SANEs, there is still con-
fusion among staff about the role of SANEs.
Reportedly, one respondent explained that SANEs
are not permitted by the federal government.31
A companion bill has been introduced, but has
not yet passed in the House. At the time of the
writing of this report, the House version did not
include the language in the Johnson amend-
ment.34
In Alaska, victims continue to face serious obsta-
cles including lack of funding for transportation to
locations where forensic examinations may be
performed. A report by the University of Alaska
found that in rural Alaska, rape kits were gathered
in only 26% of all cases, and 38% of cases re-
ported within 72 hours.36
29 The IHS and the Administration for Children and Families (ACF) jointly fund activities in this project. The work is led by multi-dis-
ciplinary teams of health service staff and tribal and community domestic violence advocates. Partners include the Family Violence
Prevention Fund (FVPF), Mending the Sacred Hoop Technical Assistance Project and Sacred Circle.
30 State of Oklahoma, 1st Session of the 51st Legislature (2007), Committee Substitute for Housing Bill No. 1649 By: Peterson
(Pam) of the House and Eason McIntyre of the Senate.
31 Gattozzzi, Ellen and Charon Asetoyer, Indigenous Women’s Reproductive Justice. A survey of the availability of PLAN B® and
emergency contraceptives within Indian Health Service, Native Women’s Health Education Resource Center, January 2008
32 S. 1200, 110th Cong. (2008)
33 This appears to suggest that in criminal matters, IHS SANEs would be approved to provide testimony, but this may not be the case
for private civil lawsuits.
34 Indian Health Care Improvement Acts Amendments, H.R. 1328, 110th Cong. (2007)
35 H.B. 1385, 51st Leg., 1st Sess.(Ok. 2007) – incorporated into law: Okla. Stat. Ann., tit. 22, sec. 40.1
36 G. Postle, A. Rosay, D. Wood and K. TePas, Descriptive Analysis of Sexual Assault Incidents Reported to Alaska State Troopers:
2003-2004, Alaska Justice Statistical Analysis Center, Justice Center, University of Alaska Anchorage, 2007, at 44, available at
http://justice.uaa.alaska.edu/research/2000/0601intimatepartnerviolence/0601.02.sexualassault.pdf
11
Urgent Next Steps
IHS should immediately adopt and implement standardized policies and protocols in
consultation with Indigenous women’s organizations for handling cases of sexual vi-
olence.
The federal government should permanently increase funding for the IHS and to tribes
that administer their own health services to improve their response to Indigenous
women survivors of sexual violence, including by prioritizing establishing SANE pro-
grams.
The IHS should remove all procedural and policy barriers to the prompt and timely
participation of medical personnel who have conducted sexual assault examinations
in court proceedings.
The IHS should, in consultation with Indigenous peoples, review current methodolo-
gies to obtain data on sexual violence against Indigenous women to ensure that the data
collected is comprehensive and accurate. Data should include the age and Indigenous
or other status of victims and perpetrators, as well as the localities where offences take
place.
V.
Ensure Availability of Support Services for Survivors
Programs run by Native American and Alaska Native women are vital in ensuring the protection
and long-term support of survivors. However, lack of funding is a widespread problem.
Maze of Injustice featured Pretty Bird Women
House on the Standing Rock Reservation as
an example of the struggles facing many shel-
ters servicing Indigenous women. At the time
the report was researched, the program had
no physical location and had severe funding
issues. Following he launch of AI’s report,
bloggers from Daily Kos raised a total of al-
most $100,000 in support of the program.
The money has allowed PBWH to buy a safe
house - in the vicinity of the police depart-
ment - on the reservation. In January 2008,
the McLaughlin City Council voted in favor of
allowing a shelter to be established there.
Although a critical component in an adequate re-
sponse for Native American and Alaska Native
women, this aspect is often overlooked – very lit-
tle has been accomplished in this area.
Accomplishments and promising
developments
Remaining concerns
Urgent Next Steps
Federal and state authorities should support and ensure adequate funding for support
services, including shelters which should provide culturally appropriate, sensitive and
non-discriminatory support.
12
Road sign in Oklahoma in Cherokee and English.
Some 395,000 Native Americans live in Oklahoma, the second highest total of any state in the USA. However, few Native
American peoples lived there prior to their forced eviction and removal from their original areas of residence by the US gov-
ernment. The process of resettlement, which cost thousands of lives, began in the 1830s and by 1885, more than 30 cul-
turally diverse Native American tribes had been forcibly relocated to present-day Oklahoma. The history of the state has
given rise to a complex map of jurisdictions.
www.amnestyusa.org/women
MAZE OF INJUSTICE
The failure to protect Indigenous women
from sexual violence in the USA
One Year Update
Spring 2008
More than one in three Native American or Alaska Native women
will be raped at some point in their lives. Most do not seek justice
because they know they will be met with inaction or indifference.
The report Maze of Injustice, released in 2007 unravelled some of
the reasons why Indigenous women in the USA are at such risk of
sexual violence and why survivors are so frequently denied justice.
Chronic under-resourcing of law enforcement and health services,
confusion over jurisdiction, erosion of tribal authority, discrimination
in law and practice, and indifference – all these factors play a part.
None of this is inevitable or irreversible. The voices of Indigenous
women who have come forward to speak about these issues send
a message of courage and hope that change can and will happen.
At the one year mark of the release of Maze of Injustice, there is
significant, even historical, opportunity for change but there is also
real danger that the follow through that is so desperately needed
will not happen.It will require working together on all levels to fulfill
the promises made.
This update presents the main achievements of the past year in
more detail and identifies urgent priorities going forward.
