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Criminal jurisdiction in Indian country is divided among federal, tribal, and state governments, depending on the location of the crime, the type of crime, the race of the perpetrator, and the race of the victim. 191 (1978), held that tribal courts lack criminal jurisdiction over non-Indian defendants.
(See our General Guide to Criminal Jurisdiction in Indian Country.) This complexity has resulted in significant impediments to law enforcement in Indian country. Therefore, after 35 years, Congress enacted a partial-Oliphant fix in Title IX of the reauthorized VAWA of 2013 to respond to crimes committed by non-Indian offenders in Indian country.
Thus, the prosecutor will bear the burden of proving these jurisdictional facts.
In order to prosecute a non-Indian defendant for violating a protection order in Indian country, the protection order must: Although tribes can issue and enforce civil protection orders now, tribes cannot begin to criminally prosecute non-Indian offenders for domestic violence, dating violence, or violation of civil protection order until at least March 7, 2015.
This is noteworthy because the definitions of domestic and dating violence require some evidence of a preexisting relationship between the defendant and the victim.
They therefore prohibit the prosecution of a defendant for sexual assault that occurred during a “hook up,” or any other instance in which the defendant and the victim do not have a prior romantic relationship.
Phase Two is the implementation phase, when tribes will formally request to begin exercising SDVCJ.
Phase Two will start in late 2013 and run through March 7, 2015, with some tribes potentially prosecuting SDVCJ cases by late 2013 or early 2014.
During Phase One, DOJ will receive “preliminary expressions of interest” from any tribe whose elected leaders believe the tribe might be a strong candidate for participation in both phases of the Pilot Project.Native women are battered, raped, and stalked at far greater rates than any other population of women in the United States: 34% of Native women will be raped in their lifetimes and 39% will be the victim of domestic violence. Amnesty International’s Maze of Injustice Report (2007) similarly noted that American Indian and Alaska Native women continue to experience high levels of sexual violence.