Native American

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Quick reference: MMIWG and Generational Traditional Sexual Exploitation & Human Trafficking 

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Our collective blindness towards the plight of survivors of human trafficking whether for sex or labor is heightened as one crisis overlaps another, multiplying the magnitude of wrong perpetrated upon the perceived ‘inferior’ that is slowly being revealed to humanity on the global stage.

The patterns of violence against Indigenous populations, much like those of all survivors of human trafficking, are pervasive and yet hidden to all, except to those subjected to this violence, whether personally or by association.

It is the magnitude of this violence and the heights of indifference by those tasked with protecting communities and nations that astounds in that which concerns Native American and Alaska Native men and women, and especially their women and girls.

It is good that all survivors are beginning to find their Voice and that all others are beginning to open their ears and their hearts to Listen.

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STATISTICS and DATA COLLECTION AGENCIES

There are several sources for understanding the victimization of American Indians and Alaska Natives. Key differences exist between them due to their methodology and nuanced definitions of the type of violence measured.

The Sovereign Bodies Institute (SBI) has created and manages the most comprehensive and accurate data base in the world for Native Americans and Alaska Natives on gender and sexual based violence against Indigenous people. Founded in 2015, their data base covers the United States and Canada. Their data collection is ongoing and includes, amongst other issues, domestic violence, sexual abuse, sex trafficking, missing and murdered women, deep trauma and mental health. It also includes the negative impact of these on tribal communities. SBI is committed to upholding the sovereignty of all bodies the Indigenous people hold sacred: physical bodies, nations, land and water through data-driven practices that translate into action to protect and heal Indigenous people. In 2019, they branched to include data from all Indigenous people of Latin America. SBI is an Affiliate of Seventh Generation Fund.

The National Institute of Justice (NIJ) Report Violence Against American Indian and Alaska Native Women and Men gives us statistics and charts from 2010 published in May of 2016 that compare interracial and intraracial sexual violence, physical violence, stalking and psychological violence.  

The National Intimate Partner and Sexual Violence Survey (NISVS) uses a “public health approach and includes psychological aggression by intimate partners, coercive control by intimate partners, physical violence by intimate partners, stalking and sexual violence,” similar types of violence as measured in the NIJ Report.

The National Crime Victimization Survey (NCVS) uses a “criminal justice approach and includes a broad range of nonfatal personal and property crimes, including rape and sexual attack, robbery, aggravated and simple assault, purse snatching/pocket picking, burglary, theft, motor vehicle theft and vandalism.” These last two divergent approaches, collated in June 2016, can lead to very different estimates.

The Center for Disease Control (CDC) mission regarding Indigenous people is to “affirm the government-to-government relationship with American Indian and Alaskan Native tribes by advancing connections, providing expertise, and increasing resources to improve tribal communities’ public health.” According to the CDC, significant disparities exist between American Indian and Alaskan Natives and other Americans. These disparities are caused by historical and generational trauma, by lower socioeconomic conditions, and other factors leading to more frequent and more severe health effects for Indigenous people. The CDC works with tribes and leaders in Indian Country to address these issues.

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Greater understanding among non-Indians of the effects of deep, generational trauma, coupled with greater empathy among non-Indians for the socioeconomic conditions of many Native American and Alaskan Natives is recommended.

In addition, much of available data concentrates on people living in Indian Country. Keeping in mind that ~71% of Indigenous people live in urban areas, expanding governmental efforts for data collection to include indigenous people in urban locations is recommended.

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STATISTICS – VIOLENCE AGAINST AMERICAN INDIANS and ALASKAN NATIVE WOMEN and MEN 

Violence comes in many forms. Statistics specific for MMIWG are here. Information and charts on violence against Indigenous women, men and children are below:

American Indians and Alaska Natives

• have a 2.5:1 ratio as victims of violent crimes (< twice as many) and
• have a 2:1 ratio as victims of rape or sexual assault crimes (~ twice as many) compared with other populations in the US
• 96% female and 89% male victims of violent crime report being victimized by a non-Indian
• a 3:1 ratio exists in Canada for First Nations, Inuit and Métis women as victims of violence.

Violence against American Indian and Alaska Native WOMEN:

Over Lifetime:

• <4 in 5 (84.3%) have experienced violence in their lifetime
• <1.4 million overall experienced violence in their lifetime
• psychological aggression by intimate partners
• sexual violence
• physical violence by intimate partners
• stalking

In the Past Year:

• <1 in 3 (39.8) experienced violence in the past year
• <730,000 overall experienced violence in the past year
• 25.5% psychological aggression by intimate partners
• 14.4 % sexual violence
• 11.6% stalking
• 8.6% physical violence by intimate partners

PERPETRATORS OF VIOLENCE against Native American and Alaskan Native WOMEN:

• Interracial perpetrator – significantly more likely
• Intraracial perpetrator – significantly less likely

Violence against American Indian and Alaska Native MEN:

Over Lifetime:

• <4 in 5 (81.6%) have experienced violence in their lifetime
• <1.4 million overallhave experienced violence in their lifetime
• 73.0% psychological aggression by intimate partners
• 43.2% physical violence by intimate partners
• 27.5 % sexual violence
• 18.6% stalking

In the Past Year:

• <1 in 3 (34.6) experienced violence in the past year
• <595,000 overallhave experienced violence in the past year
• 27.3% psychological aggression by intimate partners
• 9.9 % sexual violence
• 3.8% stalking
• 5.6% physical violence by intimate partners

PERPETRATORS OF VIOLENCE against Native American and Alaskan Native MEN:

• Interracial perpetrator – significantly more likely
• Intraracial perpetrator – significantly less likely

Additional details on each of the four main types of violence (above) touching on violence facilitated by alcohol or drugs, the use of force or coercion, unwanted sexual contact and unwanted sexual experiences without contact, are found in the NIJ Report.

CHARTS: 2016

IMPACT OF LIFETIME VIOLENCE against American Indian and Alaska Native WOMEN and MEN:

• 66.5% women;  26.0% men were concerned for their safety
• 41.3% women;  20.3% men were physically injured

Results of the perpetrators harm to the victims:

• 92.6% women;  74.3% men – talked to someone
• 49.0% women;  19.9% men – needed services
• 40.5% women;  9.7% men – missed days of work or school

The need of medical attention and care was the most common post-violence service requested. This finding is consistent with similar surveys of survivors of human trafficking where <88% of victims have had contact with the medical establishment. Other services needed by female and male victims include legal services, housing, community services and victim’s advocacy services. However, of those Native Americans and Alaskan Natives who needed attention, 38.2% women;  16.9% men were unable to get the services they needed.

Source: National Institute of Justice Report

The results of this NIJ survey show the high victimization of Native American and Alaskan Native women and men at the hands of non-Natives, and more specifically, the high victimization of Native American and Alaskan Native women.

Statistics also point to the lack of available services for this population of United States citizens, even though repeated attempts to raise this problem with government agencies have been made. The humanitarian issue is evident yet is left unanswered. The need for medical care and for the State provided services of law enforcement, legal and victim services echo those of other survivors of human trafficking. Yet all, or even a portion, of these are slow in coming, if at all.

Prevention and awareness education are needed to guard against this violence that is an integral part of being a Native American or Alaskan Native and protection is the forward goal towards restoring safety in tribal homes, families, and whole communities; teaching the offender, while holding them accountable, and helping survivors to heal and return to lives lived in complete safety.

TRIBAL COMMUNITY – Effects and Results

Effects of Trauma in Tribal communities

• affects individual health outcomes
• reduces collective educational attainment
• hinders economic growth of the community
• undermines public safety
• Domestic violence calls are among the most dangerous calls law enforcement receives
  • The FBIs Uniform Crime Report shows that police officers, including Tribal police officers, responding to disturbance calls are assaulted more often than under any other circumstances, raising the risks of mental health issues

Resulting Prosecutions and Inequity

The statistics shown above indicate that Indigenous people, both women and men, experience violence perpetrated by non-Indians at extremely higher frequency than violence perpetrated by other Indians. It is interesting to note:

• The federal government has exclusive jurisdiction over prosecutions of non-Indians who commit crimes in Indian Country (unless special state jurisdiction has been granted)
• Both the federal government and tribal governments have jurisdiction over prosecutions of Indian offenders of crime in Indian Country
• Federal prosecutions have greater terms of imprisonment while tribal jurisdictions are limited to a maximum of three (3) years imprisonment per offence regardless of the severity
  • Many tribal communities turn to the federal judicial system as a result
• Nearly 50% of crimes that occur in Indian country are declined for prosecution by United States Attorney Offices (USAOs)
• Of these:
  • 77% were categorized as violent
    • 52% were declined
    • Reason stated for declination: lack of evidence, a general rule for violent crimes
  • 24% were categorized as non-violent
    • 40% were declined
  • The Federal Bureau of Investigation (FBI) and the Bureau of Indian Affairs (BIA) were the top two referring agencies
    • 46% of FBI referrals were declined
    • 63% of BIA referrals were declined
    • Reasons stated for difference: types of crimes investigated; protocols of referral; agency presence in area of crime
  • The USAO declined to prosecute
    • 46% assault matters
    • 67% sexual abuse and related matters

It is unclear from this report if crimes that were declined were prosecuted in any other jurisdiction.

Source: Government Accountability Office; SB 290/HR 958

REMEDIES THROUGH LEGISLATION

Steps are being taken towards equitable jurisdiction to pass legislation addressing several of these missing gaps outlined above:

• SB 288 / HB 3977 – to extend jurisdiction of tribal courts to cover violent crimes
• SB 1853 – to ensure law enforcement data sharing with Indian Tribes giving tribes access to National Crime Information Databases
• SB 1853 – to ensure Federal training materials and resources for establishing and maintaining mental health wellness programs are available to Tribal and Bureau of Indian Affairs law enforcement officers experiencing occupational stress

CHILDREN

American Indian and Alaska Native children

• suffer exposure to violence at some of the highest rates in the United States
• comprise the majority of domestic violence cases as witnesses or victims
• suffer immediate and long-term effects from violence as victims with life-long effect, including increased rates of
  • altered neurological development
  • poor physical and mental health
  • poor school performance
  • substance abuse
  • overrepresentation in the juvenile justice system
• increase the overall measurement of trauma in their Tribal communities as related to
  • violence against themselves
  • crimes associated with dating violence as witnesses
  • crimes associated with domestic violence as witnesses

Sources: Government Accountability Office, 2010; SB 290/HR 958

REMEDIES THROUGH LEGISLATION – CHILDREN

• SB 290 / HB 958 will protect Native children and promote public safety in Indian Country

See our page on MISSING AND MURDERED INDIGENOUS WOMEN and GIRLS (MMIWG) for additional statistics.

See our page on GENERATIONAL AND TRADITIONAL SEXUAL EXPLOITATION for reasons for the facts in statistics.