Tribal Criminal Jurisdiction Over Non-Indians:
Violence Against Women Reauthorization Act of 2022

Resources: Victims' Rights and Safety
Resources, Tribal Law and Policy Institute
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Victim’s Rights: VAWA 2022 Tribal Criminal Jurisdiction Series
This publication explains the importance of crime victim’s rights codes, the key rights that are often included, and
provides some examples of existing Tribal code provisions. The Tribal Law and Order Act of 2010 (TLOA) and
the Violence Against Women Reauthorization Act of 2013 (VAWA 2013) and 2022 (VAWA 2022) focus on the scope of
Tribal jurisdiction and require certain due process protections for defendants in Tribal courts. Even though it is not
required by Federal law, Tribes who are implementing these laws should also consider enacting Tribal laws that protect
and provide a voice to victims of crime in Tribal communities if these laws are not already in place.
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Facilitated Discussions
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First Facilitated Discussion: Domestic Violence, Dating Violence and Protection Order Violations: First Facilitated Discussion Recording (YouTube) and First Facilitated Discussion PowerPoint (PDF).
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Third Facilitated Discussion: Sexual Violence and Stalking: Third Facilitated Discussion: Sexual Violence and Stalking (YouTube) and Third Facilitated Discussion: Sexual Violence and Stalking (PDF)
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This publication is designed to assist Tribal governments with the development of victim right’s codes. This resource was written with the belief that Tribal governments have the ability to draft victim right’s laws centered on their tribal beliefs that convey compassion for those harmed by crime and the importance of protecting the rights of victims, and to prevent revictimization. (2022)
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Please note that this code resource has not yet been updated to reflect VAWA 2022.
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Pocket Guide: Tribal Victim Advocacy in Criminal Cases
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The Pocket Guide is designed particularly for community-based advocates as a quick reference guide to better assist victims as they navigate the criminal legal process. This Pocket Guide contains things such as a quick review of the general criminal legal process and victim rights with an emphasis on safety planning at every juncture. While this Pocket Guide is designed primarily for community-based advocates, it may be useful for other professionals who work with victims. (2022)
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Please note that this code resource has not yet been updated to reflect VAWA 2022.
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This publication includes examples from a variety of tribal codes designed to offer suggestions on how tribal laws can be drafted in a way that provides safety and support for the survivors of domestic violence. (2015)
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Please note that this code resource has not yet been updated to reflect VAWA 2022.
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Tribal Legal Code Resource: Sexual Assault and Stalking Laws
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This publication is designed to assist Native nations interested in developing or revising victim-centered laws on sexual assault and stalking. This resource includes sample language and exercise questions designed to guide discussion on what laws will best reflect tribal values. Originally published in 2008, this resource was revised and updated to reflect innovations in tribal law and new federal requirements. (2017)
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Please note that this code resource has not yet been updated to reflect VAWA 2022.
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Resources, generally
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The National Tribal Clearinghouse on Sexual Assault (NTCSA) is a comprehensive resource hub that supports our Tribal communities with resources and education dedicated to improving the response to sexual assault.
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Victim Services - Promising Practices in Indian Country
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This resource highlights promising practices for assisting victims of violence and abuse in twelve Indian Country locations throughout the United States. Each description includes the program’s keys to success, relevant demographic data, and a contact for further information. (2004)
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Maze of Injustice: The Failure to Protect Indigenous Women from Sexual Violence in the USA
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Amnesty International has since released updated reports including the One Year Update to Maze of Injustice in Spring 2008. In May of 2022, Amnesty International released The Never-ending maze: Continued failure to protect Indigenous women from sexual violence in the USA. Since Amnesty International first reported on this issue in 2007, rates of violence against Indigenous women have not significantly changed, and the U.S. government continues to fail to adequately prevent and respond to such violence.
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The Indian Nations Conference is the oldest and largest DOJ Indian conference to serve the unique needs of crime victims in Indian country. This website provides information on the upcoming conference and resource materials from past conferences.
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Not Invisible Act Commission Report (2023)
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On Oct. 10, 2020, the Not Invisible Act of 2019 was signed into law as the first bill in history to be introduced and passed by four U.S. congressional members enrolled in their respective federally recognized Tribes, led by Secretary Deb Haaland during her time in Congress. Secretary Haaland, in coordination with Attorney General Merrick Garland, is now working to implement the Not Invisible Act. They established the Not Invisible Act Commission, a cross jurisdictional advisory committee composed of law enforcement, Tribal leaders, federal partners, service providers, family members of missing and murdered individuals, and most importantly — survivors.
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The Commission’s purpose is to develop recommendations through the work of six subcommittees focused on improving intergovernmental coordination and establishing best practices for state, Tribal and federal law enforcement to bolster resources for survivors and victim’s families, and combatting the epidemic of missing persons, murder and trafficking of American Indian and Alaska Native peoples, as specified under the law. Pursuant to Section 4 of the Not Invisible Act of 2019 (Public Law 116-166), the Commission transmitted this report with findings and recommendations of the Not Invisible Act Commission (“the Commission”).
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As part of its work, the Commission held seven in-person field hearings across the United States and one multi-day virtual national hearing. The Commission received testimony from victims, survivors, family members, advocates, law enforcement officers, and others through in-person and written testimony. In all, almost 600 attended the hearings and 260 individuals gave testimony to the Commission, sharing their expertise, their experiences, their suffering and hope, and their recommendations to address and reduce the tragic consequences of the crisis of missing, murdered, and trafficked American Indians and Alaska Natives.
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Not Invisible Act Commission Report (2023)
Pursuant to Section 4 of the Not Invisible Act of 2019 (Public Law 116-166), the Commission transmitted this report with findings and recommendations of the Not Invisible Act Commission (“the Commission”).
On Oct. 10, 2020, the Not Invisible Act of 2019 was signed into law as the first bill in history to be introduced and passed by four U.S. congressional members enrolled in their respective federally recognized Tribes, led by Secretary Deb Haaland during her time in Congress.
Secretary Haaland, in coordination with Attorney General Merrick Garland, is now working to implement the Not Invisible Act. They established the Not Invisible Act Commission, a cross jurisdictional advisory committee composed of law enforcement, Tribal leaders, federal partners, service providers, family members of missing and murdered individuals, and most importantly — survivors.
The Commission’s purpose is to develop recommendations through the work of six subcommittees focused on improving intergovernmental coordination and establishing best practices for state, Tribal and federal law enforcement to bolster resources for survivors and victim’s families, and combatting the epidemic of missing persons, murder and trafficking of American Indian and Alaska Native peoples, as specified under the law.
As part of its work, the Commission held seven in-person field hearings across the United States and one multi-day virtual national hearing. The Commission received testimony from victims, survivors, family members, advocates, law enforcement officers, and others through in-person and written testimony. In all, almost 600 attended the hearings and 260 individuals gave testimony to the Commission, sharing their expertise, their experiences, their suffering and hope, and their recommendations to address and reduce the tragic consequences of the crisis of missing, murdered, and trafficked American Indians and Alaska Natives.