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46 U. Mich. J. L. Reform Online 1 (2012-2013)

handle is hein.journals/caveat46 and id is 1 raw text is: UNIVERSITY OF MICHIGAN J OURNAL of LAW REFORM ONLINE COMMENT STEPS TO ALLEVIATING VIOLENCE AGAINST WOMEN ON TRIBAL LANDS Anjum Unwala* One in three Native American women has been raped or has experienced an attempted rape.' Federal officials also failed to prosecute 75% of the alleged sex crimes against women and children living under tribal authority.' The Senate bill to reauthorize the 1994 Violence Against Women Act (VAWA) could provide appropriate recourse for Native American women who are victims of sexual assault.3 This bill (S. 1925), introduced in 2011, would grant tribal courts the ability to prosecute non-Indians who have sexually assaulted their Native American spouses and domestic partners. Congress has quickly reauthorized the Violence Against Women Act twice before.5 But members of the House of Representatives now oppose a provision in S. 1925 that allows tribal courts to prosecute non-Native American criminal defendants, indicating that the battle to pass the bill will be prolonged.' Part of the debate about tribal authorities asserting criminal jurisdiction over non-Indian criminal defendants lies in the * J.D. Candidate, May 2014, University of Michigan Law School. 1. Timothy Williams, For Native American Women, Scourge ofBape, Rare Justice, N.Y. TIMES (May 22, 2012), http://www.nytimes.com/2012/05/23/us/native-americans- struggle-with-high-rate-of-rape.html?pagewanted=all. 2. Lindsey Trainor Golden, Note, Embracing Tibal Sovereignty to Eliminate Ciminal Junsdiction Chaos, 45 U. MICH. J.L. REFORM 1039, 1041 n.20 (2012), available at http://www.mjlr.org/wp-content/uploads/2012/08/Trainor-FTP-2_C.pdf 3. Jacey Fortin, Violence Against Women Act: History of Reauthorization, and Why Democrats Win No Matter What, INT'L Bus. TIMES (Mar. 16,2012,4:31 PM), http://www.ibtimes.com/articles/315468/20120316/violence-against-women-act- reauthorization-2012.htm?page=all; see source cited infra note 4. 4. S. 1925, 112th Cong. §204 (2011). 5. See Fortin, supra note 3. 6. See David Grant, House Passes Violence Against Women Act, Grudgingly, CHRISTIAN SCIENCE MONITOR (May 16, 2012), http://www.csmonitor.com/USA/DC- Decoder/2012/0516/ House-passes-Violence-Against-Women-Act-grudgingly. 1

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