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The Beginning and End of RapeConfronting Sexual Violence in Native America$
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Sarah Deer

Print publication date: 2015

Print ISBN-13: 9780816696314

Published to Minnesota Scholarship Online: May 2016

DOI: 10.5749/minnesota/9780816696314.001.0001

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At the Mercy of the State

At the Mercy of the State

Linking Rape to Federal Indian Law

Chapter:
(p.31) Three At the Mercy of the State
Source:
The Beginning and End of Rape
Author(s):

Sarah Deer

Publisher:
University of Minnesota Press
DOI:10.5749/minnesota/9780816696314.003.0003

This chapter briefly reviews the history of Indian law and describes the complicated matrix of criminal jurisdiction in Indian country. From a perspective that privileges tribal sovereignty, it explains how mechanical intrusions into the realm of tribal authority and the resulting jurisdictional complexity has created real, practical gaps in the formal systems of justice, gaps that have allowed perpetrators to assault Native women with impunity. This chapter looks at how jurisdiction over criminal matters in regards to Native American has been switched between the Federal and state level. Neither of which succeeding in protecting Native women against violence.

Keywords:   criminal jurisdiction, Indian country, tribal sovereignty, tribal authority, jurisdictional, systems of justice, assault, Native women, impunity

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