Women, Violence, and Jurisdiction (Part 2): How Tribal Courts Are Reclaiming Justice Through VAWA

Day 2 of a 5-Part Series

When Congress reauthorized the Violence Against Women Act (VAWA) in 2013, it did more than update a statute — it restored a measure of tribal sovereignty that had been stripped away for nearly forty years.

For the first time since the Supreme Court’s 1978 decision in Oliphant v. Suquamish Indian Tribe, tribes could again exercise limited criminal jurisdiction over non-Indian offenders who committed acts of domestic violence against Native women on tribal land. It was a turning point — one that began to repair a long-standing gap in justice for Native victims.

How Special Tribal Criminal Jurisdiction Works

Under VAWA, tribes that meet certain procedural safeguards can prosecute non-Indian defendants for specific crimes: domestic violence, dating violence, and violations of protection orders. The 2022 reauthorization expanded that list to include sexual assault, stalking, child violence, and sex trafficking.

To exercise this authority, tribes must provide defendants with protections similar to those in federal court — including the right to counsel, impartial juries, and published laws. These requirements are not easy or inexpensive, but many tribes have stepped up to meet them.

Today, dozens of tribal nations have implemented or are preparing to implement VAWA’s special jurisdiction. From the Pascua Yaqui Tribe in Arizona to the Tulalip Tribes in Washington to the Cherokee Nation here in Oklahoma, tribal courts are showing that accountability and sovereignty can coexist.

What This Means in Practice

For the first time in decades, a Native woman living in Indian Country can see justice delivered in her own community — by her own government. That matters.

Tribal courts know the local context, the families involved, and the cultural dynamics that shape these cases. They can tailor sentencing and services to fit the needs of victims and communities, not just the demands of a federal docket.

In my experience, this proximity to the people makes a real difference. It builds trust. Victims are more likely to come forward when they believe their voices will be heard and understood.

The Challenges Ahead

The promise of VAWA is still outpacing its resources. Many tribes want to exercise jurisdiction but lack the funding, staff, or facilities to meet the federal requirements. Others struggle with overlapping authority when both tribal and federal prosecutors claim jurisdiction.

Even with these challenges, the success stories are growing. Tribes are developing trauma-informed court programs, expanding victim services, and creating collaborative partnerships with nearby jurisdictions. The progress is real, even if the work is far from finished.

Why It Matters

Restoring tribal jurisdiction is about more than criminal law. It is about trust — in the system, in sovereignty, and in the idea that Native women deserve the same protection and respect as anyone else.

VAWA gave tribes the legal authority to act. Tribal courts are proving they have the strength and wisdom to use it.

Tomorrow’s post will look at the federal side of the equation — when federal prosecution helps, and when it harms.