vanguard blog | August 03, 2010 | 28 comments

Vanguard Update: Obama Signs Tribal Law and Order Act

Joanne Shen co-produced Vanguard episode "Rape on the Reservation."

Last week, President Obama signed The Tribal Law and Order Act into law. This historic piece of legislation will give American Indian tribes greater authority to combat high rates of crime on reservations, including cases involving rape. At the signing ceremony, the President was introduced in a moving speech by Lisa Marie Iyotte, a rape survivor from the Rosebud Sioux Tribe in South Dakota, where we filmed “Rape on the Reservation” earlier this year.

Producer John Henion and I met Lisa when we first visited Rosebud last December and her account was one of many stories we heard from Indian women that not only attested to the prevalence of rape on reservations, but shocking lack of justice for victims.

One of the reasons that justice has failed so many Indian women is that major crimes, like murder and rape that are committed on Indian reservations fall under the jurisdiction of federal authorities. It’s up to the feds to work with tribal law enforcement and authorities to gather evidence and prosecute cases. But all too often, cases involving rape or sexual assault fall through the cracks and never see the light of day in federal court.

Federal prosecutors decline to prosecute over 50 percent of violent crimes in Indian country. Victims might not even get clear, straight answers on why their case was stalled or dropped. But with the passage of the Tribal Law and Order Act the Department of Justice must maintain data on declinations and share gathered evidence with tribal authorities if a case is declined.

This is one of the many aspects of this new law that serve to strengthen tribal sovereignty in combating crimes committed on reservations. In addition, tribal courts have been given greater sentencing power of 3 years. Previously, the maximum sentence a tribal court could mete was one year. Another key provision is the deputizing tribal police to enforce federal law on Indian lands, granting them the authority to arrest all suspects, as well as access to criminal history records via federal databases.

Perhaps, even most important, the law gives tribes much-needed funding to prioritize tackling rape cases. $1.1 billion has been allocated to tribal authorities to investigate and prosecute sexual assault cases. Both tribal and federal officers working in Indian country will be required to receive specialized training on how to interview victims of sexual assault and how to collect crime scene evidence.

Finally, the law also addresses prevention. Improved social programs for alcoholism, drug abuse and at-risk Indian youth will hopefully tackle some of the root causes behind the high rates of sexual assault. Through first hand accounts from victims and perpetrators alike in our documentary, we covered the gamut of social and legal factors that have allowed an epidemic of sexual assaults in Indian country to go unchecked for too long. It’s heartening to finally see a law come to fruition that begins to address it.

Watch more from "Rape on the Reservation":

Read more from Joanne about making "Rape on the Reservation."

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28 comments // Vanguard Update: Obama Signs Tribal Law and Order Act

  • darthstewie93
    • 0
      darthstewie93  
    • It's funny how we did so much stuff to the natives and yet they still survive. But the women do not deserve what they get we help them one way or another. We could have learned so much from but yet we slaughter them and move the natives on to reserves and think that is ok but its not. I went to a pow wow yesterday an it was amazing i wish everyone could have seen it. I was very eye opening to me. The natives make very beautiful things. We still learn a lot from them if we let them teach us.

    • 1 year ago
  • s_peak
    • +2
      s_peak  
    • They deserve so much more than that. I'm insulted, and I'm not a native. How do we steal the land of natives, provide them with almost no help of any kind in creating wells or farmland, and then sign an act that gives the res police "more authority"? I mean it's good they're getting more power, but we essentially enslaved them and destroyed their lands and their culture. We're not the good guys, here. This is too little, too late. We don't even intervene at all, and we STILL WON'T! We're just leaving them on their own again! We should, at the least, be donating billions of dollars to improve living conditions in these areas, not just sign an act and say: "here are the keys, good luck!".

      Pfff.

    • 1 year ago
  • shiningarainbow
    • +2
      shiningarainbow  
    • Thank you, Obama. Thank you for hearing the cries of the native sisters. Love to all my native/Indian sisters (and brothers too). wow i am still crying. brave women. so sad stories yet so heartening that finally something is being done for justice.

    • 1 year ago
  • shiningarainbow
    • +2
      shiningarainbow  
    • I cried and cried and cried. Thank you, Vanguard for these in-depth and wonderfully human investigations, reports, stories. Thank you, Indian sisters for stepping forward for your rights. Thank you, Mr. Obama.

    • 1 year ago
  • Lakotawiyan007
    • +2
      Lakotawiyan007  
    • After watching the show and the video, I cried really hard, I am a Native Woman so it hits HOME plus my dad and uncle were born & raised in Saint Francis, SO MARTINA stay strong I want to help in any way I can, Marquita is in a beautiful place right now, but she will always be with you, I am praying for you and your family and for our Oyate, that we can break the cycle of abuse and genocide, and we as a people can work on healing ourselves, our communities, and our Nations, with the new law that was passed by the President and with the story you shared with us, you have made a difference by showing light on such darkness that exist, and Thanks to the filmmakers whom came and provided an outlet for you to share with us, We can make a difference and work on preventing this from happening to our people by speaking out. Do not give up on your mission to get rid of those houses, now that America and people know what is going on over there, the Tribe hopefully will do something about it. There are thousands of woman and children who support you, and the men can start working on themselves to by first stopping and taking a look at what our problems are and the solutions are to quit using and abusing, and then next work on healing, and we have the tools the answer is within us, its getting back to our ways, our religion and our culture. CHANGE is ahead of us we are in the SEVENTH GENERATION and we will break the cycle and heal the broken hoop. WOLAKOTA WE ARE ALL RELATED. Hunta Po, lets MOVE FORWARD AS A STRONG NATION. LOVE N PRAYERS FROM MINNESOTA

    • 1 year ago
  • shiningarainbow
  • wonder81
    • 0
      wonder81  
    • I feel bad of the girl Donna or any of the women who would have to go through something like that. I'll give her some kudos due to coming out and saying something, especially if it is the way that they are showing how things are if someone does talk about what happen to them. Due to how things are handle and no one knows about until you hear about it on T.V and start to research if they have done anything... she had to leave her children b/c of being threaten for speaking out.
      For a mother to lose her daughter(s) and seeing the pain and having to wait to have justice or actions brought out tears to my eyes. To see Donna only to have pictures to be able to see her kids brought tears to my eyes.
      I always seen or read of Indians natives helping each other through hard times and being peaceful a simply way of life, I had no idea this happens or that it was this bad on a reservation.
      Prayers go out to those who have gone through a tragic and/or life changing event.

    • 1 year ago
  • OneLoveTV
    • +2
      OneLoveTV  
    • America land of the plunder, racist and self agonized ignorant.. took it 200 years for a manmade nation to form to find some sort of equality.. It took 500 yrs for 1st nations peoples to receive some sort of equality. Yet my people , humans from ancient who have been here way before romans or ancient jews and muslims..My people,thousands of years old.. we are humble and compassionate to believe in a future race of common sense humans..Obama is just a man elected by a group of people and all you don't like it, we spent 8 years with the village idiot. 40 years of corrupt CIA oil international business that may have included the death of John F Kennedy etc.. So lets be positive and work together and move on... for the next day is a sunrise with lots of opportunity and the youth of today are the leaders of tommorrow.. A Ho..One Love and follow the path of Christ with love not hate..... Peace
      ( Harold is a 8 year veteran of US Navy and US Army, served in the 101st Airborne and was called up for the 1st Gulf War as a scout sniper )

    • 1 year ago
  • srg
    • -3
      srg  
    • Last week my youngest cherokee daughter landed in kandahar was greeted with a rocket attack. those dogs of the murderous mohammad trying to rip her to shreds with razor edged white hot steel were muslims just like hussien obama. The very same people he gave laptops to and sent to a south sea island paradise with OUR money.

      My son, a fine young cherokee warrior served 4 years w/82nd abn inf. Of those 4...2 years were spent in combat in iraq, and afghanistan. decorated w/ bronze star v device he now struggles to readjust, find a job in this intentionally destroyed economy. He just picked up his first load of "indian food" today. He wants to go to school but cant afford a .....LAPTOP!!!!

      so he eats the cheap commodities supplied by the feds. the same people who have labeled him AND his sister "Enemies of the State". How is this different than 1895? same govt. same food same abuse. Hussien Obama Rapes Indians every day. What a sad phony display

    • 1 year ago
  • shiningarainbow
  • srg
    • -6
      srg  
    • Islam is a culture of death. an instituiton whose heart is entwined with suicide/homicide whose leader was a bloody general, not a prophet. the only prophet in history of the world to recieve his status as prophet ...by killing all of his enemies without mecry. May thier devices be returned upon thier own heads.

      Do you know what mohammed did after every city he conquered? He went to the center of each village...and built a mosque in the midst of those he had butchered. His followers have continued this practice right up to today.

      Sound familar? try his latest trophy at ground zero. If you choose to call this monsterous act of mockery a mosque...then you deserve what comes next

      nobama in november-
      no muslims in november

    • 1 year ago
  • ladyofwillows
  • B_Dawg
    • +1
      B_Dawg  
    • srg:

      I can't believe you would post a comment like this for the whole world to read when you obviously know nothing about the Islamic religion. Islam is a more peaceful religion than christianity. But I guess you learned all you needed to know on9/11 right? Maybe you should quit watching Fox news and start thinking for yourself?! Just a thought...

    • 1 year ago
  • srg
  • srg
    • -3
      srg  
    • Save your sanitizer...hussien obama cares zip about us or anyone but himself, his mojamba welfare queen and two lil millionaire food stamp princesses who will no doubt never see a day of nationalized health care OR .work of any kind. There is no doubt an ugly ulterior motive for this angry twisted muslim...but ...we'll take anything we can steal from the the feds

    • 1 year ago
  • srg
    • -3
      srg  
    • Good news for us Cherokee...bad news for william jefferson blythe (the rapist) clinton the third. I wonder was he just the 3rd bill clinton..or were they all rapists too?

      Nobama in november

    • 1 year ago
  • curtisreed
    • +2
      curtisreed  
    • I wish I understood why tribal authorities were unable to investigate and prosecute their own offenders. It would be like the local police and sheriff in any county having to wait for the incompetent federal govt to prosecute and punish criminals. Sounds like a very bad plan.

      Anyway, looks like Obama has done something I agree with. GASP! I can't believe I typed that. I'll go wash with sanitizer now...

    • 1 year ago
  • OneLoveTV
    • +2
      OneLoveTV  
    • Give thanks to president obama for passing the Tribal Justice Act.. and to Vanguard for your great reporting on the subject

    • 1 year ago
  • roxysweetie7
    • +1
      roxysweetie7  
    • I'm just happy to see some of the seemingly impossible issues presented by Vanguard being addressed by politicians. Of course this won't fix all problems on reservations, but at least we're starting to make more of an effort.

    • 1 year ago
  • derk
  • curtisreed
  • snanders
    • +1
      snanders  
    • derk:

      totally, her trauma became everyone else's saving grace only because she knew her story had to be told. I don't think I would be brave enough to tell anyone, let alone the public domain about being raped. Rape is such a peculiar evil; it makes the victims feel ashamed and disgusted with themselves. I'm glad she overcame that.

    • 1 year ago
  • EmperorThan
  • B_Dawg
    • +1
      B_Dawg  
    • EmperorThan:

      Obama has been in office for less than 2yrs. If you think you can do a better job at solving all of the world's problems in less time, why didn't you run for President? My guess, lack of education.

    • 1 year ago
  • chris50
  • s_peak
    • -4
      s_peak  
    • We're fine with murdering them and destroying their land to steal it for ourselves and our machinations (which is to say: pesticides, poisoned water dying indigenous plants and animals)

      and we'll give them a "reservation" to keep them quiet... where almost all of them suffer from lack of food, water and resources.

      but when they have violent crimes on the res... we don't prosecute that. That's their problem! I mean. It's fucking obvious that we don't care, right? This won't really change anything. It'll just mean that more tax dollars are spent and more people end up leeching money into the privatized prison system.

      I guess this is a good thing but... honestly. What we've done to the indigenous people of the land that we stole is sickening.

      You know... I think I really hate seeing that table where they sign treaties on... with all those douchey politicians leaning in to try and get into the paper. It's always the same happy press release bullshit that's meant to look legit, when, more often than not... I would say... that it is not legit. With that in mind... I almost never trust a man in a suit. Or as I call it: "a disguise". I'm not so sure about a Native American in a suit, though.

    • 1 year ago
  • curtisreed
    • +1
      curtisreed  
    • s_peak:

      well, the immaturity and lack of sophistication in your argument was crystalized in your last sentences.
      "I almost never trust a man in a suit. Or as I call it: "a disguise". I'm not so sure about a Native American in a suit, though."

      So a guy in a suit can't be trusted. Just a generalization you have no problem making.

      Kind of like girls with tatoos are whores, guys with shaved heads are Nazis...you get the point.

      And what exactly did you mean about a Native American in a suit, I wonder?

    • 1 year ago
  • ladyofwillows
    • +1
      ladyofwillows  
    • s_peak:

      Wow, I can't wait to point out everything wrong with this post. First of all, I'm not really feeling your sarcasm at the moment because you sound like you don't mean what you say, but then I'm not sure if you actually do mean "that's their problem!" If that's sarcasm, that is absolutely terrible and not appropriate at all for this matter. And if it's not, it makes you a terrible person and you obviously didn't listen to anything the President just said. It's our problem, too. We all live in this nation and regardless of our where we live or where we come from, these violent acts take place on all of our soil. Yes, this land wasn't ours to begin with, but just like the President said, "we're more than just heirs to a difficult past, ...we have a chance to chose a different future." We do share this land now and its our chance to make right of it.

      And in reference to your dumb claim on "costing us more tax dollars." I'm so sick of people regurgitating the same thing they've heard from someone else and someone else. Again, you obviously didn't listen to the speech and if you're not listening, don't write anything! He was explaining how they've hired more positions such as victim-witness specialists and officers to deploy on site. There has been a "500 percent jump in applications and the largest hiring increase in history." If you haven't noticed, we're in a recession!! The fact that they are creating NEW jobs and positions is incredible and should be applauded.

      "I guess this is a good thing but... honestly. What we've done to the indigenous people of the land that we stole is sickening." This doesn't make any sense to me. You agree what what we did to the Natives is wrong, but this act of good on the President's behalf, you GUESS is a good thing? Its amazing! You contradicted yourself and obviously don't know anything about what is going on, on the reservations, except your same regurgitated shit, "what we did to them is sickening." As someone who lived in Arizona and took many college courses on multiple Native American subjects, studied among Natives, and learned from Native American professors, I know that this bill is nothing but good and should have happened a long time ago.

      I also don't know if you noticed that beautiful woman stand up and tell her story in the beginning, but this bill has brought such joy and ease to her heart knowing that others like her may have a chance in court and the justice they deserve. So on that note, if you don't have anything positive to say about this, don't say anything at all next time. Thanks.

    • 1 year ago
joanneshen

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