Tribal Criminal Jurisdiction Over Non-Indians:
Violence Against Women Reauthorization Act of 2022
Sex Trafficking
The Violence Against Women Act (VAWA) 2022 (25 U.S. Code §1304 (a)) defines the term "sex trafficking" to mean conduct within the meaning of section 18 U.S. Code §1591(a).
18 U.S. Code §1591 - Sex trafficking of children or by force, fraud, or coercion
(a) Whoever knowingly—
(1) in or affecting interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States, recruits, entices, harbors, transports, provides, obtains, advertises, maintains, patronizes, or solicits by any means a person; or
(2) benefits, financially or by receiving anything of value, from participation in a venture which has engaged in an act described in violation of paragraph (1),
knowing, or, except where the act constituting the violation of paragraph (1) is advertising, in reckless disregard of the fact, that means of force, threats of force, fraud, coercion described in subsection (e)(2), or any combination of such means will be used to cause the person to engage in a commercial sex act, or that the person has not attained the age of 18 years and will be caused to engage in a commercial sex act, shall be punished as provided in subsection (b).
Resources
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"Human Trafficking Data Collection Activities, 2024" from the Bureau of Justice Statistics: access report here.
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A new NIJ report outlines current scientific literature on the process of interviewing victims of trafficking, offering a roadmap for agencies in developing effective victim identification strategies, improving victim reporting, overcoming cultural and language barriers, enhancing the capacity for interviews, and promoting collaboration between different stakeholders. You can access that report here: https://www.ojp.gov/pdffiles1/nij/309058.pdf
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The Indian Civil Rights Act of 1968 (ICRA), 25 USC §§1301-1304
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The Bureau of Indian Affairs, Office of Justice Services Tribal Justice Support hosted Violence Against Women Act, Roundtable Discussion, Lessons Learned, A Three Part Series and the recordings are available here: TJS | VAWA Roundtable
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Overview of VAWA 2013 and VAWA 2022 Tribal Jurisdiction Provisions: Webinar overview of the Violence Against Women Act (VAWA) 2022 Resources (Recorded April 21, 2022) (Video Recording) (PowerPoint PDF). This webinar provides an overview of the Violence Against Women Act Reauthorization bill (VAWA) 2022. The webinar discusses the VAWA 2013 and 2022 Tribal Jurisdiction Provisions.
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VAWA 2013 Special Domestic Violence Criminal Jurisdiction Five-Year Report
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Fifth Facilitated Discussion: Alaska Provisions and Sex Trafficking: Fifth Facilitated Discussion: Alaska Provisions and Sex Trafficking (YouTube) and Fifth Facilitated Discussion: Alaska Provisions and Sex Trafficking (PDF)
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Tribal Sex Trafficking Resources: https://www.tribaltrafficking.org/
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Sex Trafficking in Indian Country: Advocacy Curriculum:
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The Sex Trafficking in Indian Country: Advocacy Curriculum (Curriculum) is designed to introduce information on sex trafficking of Native people, covering topics such as the definition of sex trafficking, red flags, trafficker tactics, screening for sex trafficking, and advocacy roles and responsibilities. The Curriculum consists of three components: Instructor Guide, Participant Workbook, and PowerPoints. (2020)
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The Curriculum has not yet been updated to reflect VAWA 2022.
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