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Rape on reservations has been an increasing issue with Native Americans. Rape was being questioned whether it was "legitimate" depending on if it was by a non-Native American. One in three Native women are raped over their lifetime and some don't report their rape. If a woman on a reservation is raped or assaulted by a non-Native husband, tribal courts don't have the right to prosecute him. Non-Native predators are more attracted to these areas because they know tribal courts cannot do anything. Congress rules that tribal courts can not charge non-Native rapists. A Senate bill wants to change that but officials think it is unfair for a non-Native because he isn't part of the tribal courts' responsibility. Now, if non-Natives were part of a trial, Senate gives them the right to effective counsel and trial by an impartial jury. The Violence Against Women Act is more effective since 2005 because orders of protection were added.
Do you think that if tribal courts had the right to charge non-Native American predators that it will decrease the sexual assault rate? Do you think that since the tribal courts can't prosecute a white man that this is discrimination over their power compared to our governments? Why?
I think that the tribal courts should be able to charge non-native American people of rape because are a part of the United States and deserve equal court rights! I do not think this is discrimination because there must be some reason for it but it's definitely not fair or right. So I think they need to make non-native American rape cases aloud to be persecuted in a tribal court. Too many women have been raped for this to go unnoticed.
ReplyDeleteI agree with Sasha, if tribal courts could charge non-Native Americans there would be a significant drop in the sexual assault rate. If they could, I feel that it could give the Native Americans a better sense of protection, knowing that they can press charges after the fact, were as now they cannot. I do not believe that this is discrimination towards them, but rather a possible "fear" factor. Like Sasha said, there has been too many women that have been sexually assaulted for this to not change.
ReplyDeleteI agree with both Sasha and Brandyn on the fact that non-Native Americans should be charged for sexually assaulting women reservations. When non- Native Americans are allowed to be arrested, I think that the sexual assault rate will decrease. I think it will decrease because now they can get away with raping women but once its illegal for all men then they won't want sexually assault women. Even if it the sexual assault rate does not decrease they should still make it a law because then women will be a little more protected. I do not think that this is discrimination. I think that this is unfair for women and men that do get charge for raping women. All men that rape women should be charge for their assault. In order for the Native American reservations to improve they need to make changes with their laws to help protect the women.
ReplyDeleteAs well as Sasha, Brandyn and Nicole, agree that non-natives can and should be charged and tried through the tribal law and justice systems. My current event was on the same general topic as this. Throughout my research for it, I read a few things. One of the things I learned that believed that men outside of the reservation would come and sexually assault a native women just because they knew that they would not get in trouble for it, so they could just leave and never look back. I believe that if tribal courts had the power to try non-natives, I like think they should, that these attackers would be worried about the fact that they actually could get caught and in trouble for committing these horrible crimes and they wouldn't try. So I agree with the fact that the sexual assault rate would decrease. Another fact I discovered in my research that the revision of the Violence Against Women Act will allow tribal courts to try non-natives, and if they feel like they were unfairly prosecuted, they can take their case to federal courts. I think that this is a step in the right direction. Personally I do not believe that this is discrimination because there are many non-natives living on reservations with their native spouse. They are citizens of that reservations and will serve on a jury. Therefore, it won't be all natives versus one non-native.
ReplyDeleteI completely think that tribal courts should have the right to charge non-Native Americans on reservations. And if they had this right, I have no doubt that sexual assault rates would lower. The fact that tribal courts cannot charge non-Native Americans is almost inviting for those who wish to engage in criminal activity. I think that it is discrimination over their power compared to our government because they don’t even have the same rights. We can charge them outside of the reservation with crime but they cannot charge us? That is incredibly unfair and doesn’t even really makes sense. Everyone, no matter what should have to follow the same rules and be treated the same after committing a crime.
ReplyDeleteI think that tribal courts should have the right to prosecute non-Native Americans in their tribal courts. I don't know that it will decrease the amount of rapes on reservations but I think it will deter rapists. Even though in America, we charge rapists, very few cases are ever seen and I think that it will be the same case on reservation. I think that because they are seen as a almost a separate country and government on the reservation it's our governments attempt to uphold that difference in government and power. However I think that if the rape happens on the reservation, said reservation has the right to prosecute the rapist or have the rapist be prosecuted in a state court.
ReplyDeleteI think the the tribal courts should be able to charge the rapists if the offence took place on the reservation. I do agree that the rates would be lower but only because it would deter other rapists. On the other hand I can also see why they do not change Americans because it could be a biased court. At the least there should be system set up to send the rapists to a state court for prosecution, there they can be tried in an unbiased court.
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