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Barriers to Justice for Victims of Sexual Violence in Indian Country  


Author:  Jeremy Braithwaite.; Sarah Deer.; Heather Valdez Freedman.


Source: Volume 12, Number 01, Summer 2019 , pp.67-74(8)




Family & Intimate Partner Violence Quarterly

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Abstract: 

Although previous research has identified systems-level barriers to access to justice for victims, including mistrust or fear of the criminal justice system, lack of support from prosecutors, and inconsistent implementation of evidentiary standards, Native victims uniquely experience additional systems barriers that may further impede case resolution. This article examines some of the ways in which various configurations of the criminal justice system in Indian Country make understanding the response to sexual violence on reservations complex and deserving critical inquiry.

Keywords: Patterns of Sexual Assault in Indian Country; Tribal Criminal Justice Systems; Oliphant v. Suquamish; Legal Infrastructure Development

Affiliations:  1: Tribal Law and Policy Institute; 2: University of Kansas; 3: Tribal Law and Policy Institute.

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