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Index
Title Page
Copyright Page
Dedication
Contents
Introduction: Sovereignty of the Soul
Sovereignty, Both Political and Personal
A Legal Framework of the Soul
Distinguishing Rape from Domestic Violence
Rape as a Political Construct
The Relevance of This Book to Global Anti-Rape Activism
One: Knowing through Numbers?: The Benefits and Drawbacks of Data
How Do We Know What We Know? The Challenges of Collecting Data in Indian Country
Data Dump: What Do We Know?
Lingering Questions: What We Do Not Know
The Controversy over Interracial Rape Statistics
The Ripple Effects of Trauma
What We Need to Know
Conclusion: Categories of Knowledge
Two: What She Say It Be Law: Tribal Rape Law and Indigenous Feminisms
Gender Equity in Traditional Law
Precolonial Responses to Rape
American Rape Law
Advancing Native Feminisms
Kinship Circles: Women at the Center
Contemporary Accountability: Rape in Tribal Court
Conclusion: Reclaiming Indigenous Feminisms
Three: At the Mercy of the State: Linking Rape to Federal Indian Law
A Brief History of Federal Indian Law, from Columbus to Today’s Reforms
Indian “Uprisings” as a Response to Sexual Exploitation
The Problem of Jurisdiction
Federal Intrusion: Major Crimes Act
State Intrusion: Public Law 280
Capping Tribal Sentences: Indian Civil Rights Act of 1968
Rehnquist on (non)Sovereignty: Oliphant v. Suquamish
Poverty and Sovereignty: How the Lack of Resources Undermines Legal Effectiveness
Four: All Apologies: The Continuing Federal Complicity in the Rape of Native Women
Symbolic Sorrow
The 2000 Gover Apology
The 2009 Congressional Apology
The Explicit Truth about Rape
Federal Officials Who Rape: Colonial Impunity Continues
Holding Federal Officials Accountable: An Uphill Battle
Five: Relocation Revisited: The Sex Trafficking of Native Women
The Colonial Roots of Prostitution
Indian Enslavement and Exploitation
Commoditizing Native Women through Marriage
Removal and Relocation
Forced Migrations and the Many Trails of Tears
Assimilation and Gendered Slave Labor
Relocation Revisited: Urban Migration
Contemporary Sex Trafficking in the Lives of Native Women
Documenting the Invisible
Organized Crime, Fracking, and Man Camps
Conclusion
Six: Punishing the Victim: Dana’s Story
How Moses Died
How Moses Really Died: Dana’s Lifelong Struggle to Survive
The History of Child Removal
Making Dana Pay
Indigenous Feminism as a Tool for Understanding Dana’s Story
The Sentencing Disparity: Proof That Colonization Matters
Seven: The Enigma of Federal Reform: The Tribal Law and Order Act and the Violence Against Women Act
The Politics and Pitfalls of Federal Reform
Contemporary Realities: The Argument for Engagement
Challenges with the Scope of Federal Reform
Hearings and Letters: The Precursors to Federal Reform
The Tribal Law and Order Act of 2010
VAWA 2013 and the Quest for an Oliphant Fix
Speaking Truth: Native Women Fight Back
Anti-VAWA Rhetoric and Settler Anxiety
Prosecuting Non-Indians: How Special Domestic Violence Criminal Jurisdiction Works
Conclusion
Eight: Toward an Indigenous Jurisprudence of Rape
Why Is Rape Wrong?
Scrutinizing Contemporary Tribal Law
The Relevance of Colonialism
Framing an Indigenous Perspective
Tools for Developing a Tribalcentric Response to Rape
Stories of Survivors
Historical Anti-Rape Activism
Traditional Beliefs and Oral Traditions
Ani-Kutani (Cherokee)
Tale of the Raped Maiden (Ojibwe)
Taa’ii’ Ti’ and the Russians (Gwich’in Athabascan)
Beginning a Respectful Conversation
Conclusion
Nine: The Trouble with Peacemaking: False Dichotomies and the Politics of Restorative Justice
The Perils of Applying Peacemaking to Accusations of Rape
Dismissing Legitimate Fear
Coercion and Shame
Eclipsing Accountability
Recidivism—When the Rapist Reoffends
The Fatal Flaw of Peacemaking: Confronting Denial
The Perils of Applying Western Law to Accusations of Rape
Transcending the Existing Models
Ten: “Righting” Tribal Rape Law: Proposals for Reform
Reforming Tribal Criminal Rape Law
Common Weaknesses in Tribal Rape Law
Suggested Definitional Reforms
Criminal Penalties for Rape
Incarceration
Banishment
Men’s Reeducation Programs
Alternatives to Incarceration
Public Defenders: A Critical Component of Rape Law Reform
Civil Law: Expanding Remedies for Rape Survivors
Civil Protection Orders for Rape Survivors
Full Faith and Credit of Tribal Protection Orders for Sexual Assault
Tort Law
Additional Avenues of Legal Reform
Confidentiality
Conclusion
Conclusion: The End of Rape in Native America
1. Are local conversations about rape happening?
2. Do people who are victimized know where they can go for support?
3. Does our tribal nation support or partner with independent Native women’s organizations to provide confidential shelter and advocacy services?
4. Does the tribal court system recognize an advocacy “privilege” that requires the protection of confidential communications between a survivor and her advocate?
5. What happens first when someone reports a rape in our nation?
6. Do survivors in our community have access to a comprehensive health care response to rape, including access to emergency contraception?
7. Does our tribal legal system offer more than one option for victims seeking justice?
8. For survivors who report the crime to law enforcement, do the criminal justice agencies reliably follow up and follow through with investigation?
9. Are rapists serving as elected tribal leaders, tribal employees, or designated as spiritual leaders?
10. Do survivors have access to healing services outside the context of mental health care?
11. Are there mandatory education programs for teachers, leaders, employees to learn about rape?
12. Are perpetrators being held accountable?
Epilogue
Acknowledgments
Notes
Publication History
Index
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