Women, Violence, and Jurisdiction (Part 1): How VAWA Restored Tribal Power to Protect Native Women

Day 1: The History and Purpose of VAWA in Indian Country

For generations, Native women have faced some of the highest rates of violence in the United States. Many of these crimes happened in Indian Country — often committed by non-Native offenders who could not be prosecuted in tribal courts.

That gap in justice is what led to the Violence Against Women Act, better known as VAWA.

A History of Gaps and Reform

Before VAWA’s reauthorization in 2013, tribal governments lacked authority to prosecute non-Indian offenders for crimes like domestic violence, dating violence, and violations of protective orders committed against Native women on tribal land. Federal prosecutors could step in, but too often they didn’t. Cases were declined, victims were left unprotected, and offenders went unpunished.

Congress finally recognized this failure. In 2013, VAWA was reauthorized to restore limited tribal criminal jurisdiction over non-Indians in domestic violence cases. For the first time in nearly forty years, tribes could again hold non-Native offenders accountable in their own courts.

The law was reauthorized again in 2022, expanding tribal authority even further to include crimes like sexual assault, stalking, and trafficking.

Why Jurisdiction Matters

At its core, VAWA is about sovereignty and safety.

Jurisdiction determines who has the power to prosecute. For Native women, that question often means the difference between justice and silence.

When crimes occur in Indian Country, three governments may have authority: federal, state, and tribal. If the wrong system takes too long, or refuses to act, victims are left without protection. VAWA’s tribal provisions were designed to close that gap — to ensure that violence against Native women does not go unanswered.

The Work Still Ahead

Even with VAWA’s progress, most tribes still lack the resources, staffing, and infrastructure to fully exercise this jurisdiction. The process is costly, and many tribal courts remain limited by federal funding and procedural requirements.

For Native women, that means justice still depends on geography and capacity — not always on fairness or need.

As someone who has worked in both federal and tribal systems, I’ve seen how these challenges play out in real cases. The law is getting stronger, but real justice still depends on understanding the system and pushing it to work better for the people it’s supposed to protect.

Tomorrow’s post will look at how tribal courts are exercising special jurisdiction under VAWA — and the innovative ways tribes are building their own systems to protect women and strengthen sovereignty.