Women, Violence, and Jurisdiction (Part 3): When Federal Prosecution Helps and When It Harms

Day 3 of a 5-Part Series

When Congress passed the Violence Against Women Act, it didn’t erase federal authority in Indian Country. Federal prosecutors still handle most serious cases involving Native women — including sexual assault, homicide, and trafficking.

That system can work well when it functions as intended. But in many cases, federal prosecution has also created barriers that make justice harder to reach.

When Federal Prosecution Helps

There are times when federal involvement brings critical resources and reach that tribal systems can’t yet provide.

Federal agencies have investigators, forensic labs, victim-witness specialists, and the ability to prosecute complex, multi-jurisdictional crimes. In major cases — especially those involving serial offenders or crimes that cross reservation boundaries — the federal government’s role can be essential.

I’ve seen those cases handled with care and professionalism. When federal prosecutors collaborate with tribal authorities, respect tribal sovereignty, and keep victims informed, the system can work exactly as it should.

That’s the promise of federal jurisdiction in Indian Country: partnership and accountability.

When Federal Prosecution Harms

But the same system that can bring justice can also cause harm.

For too long, federal prosecutors declined large numbers of cases involving Native victims. Assaults, domestic violence, and even sexual assaults were closed without charges because they were seen as “too small” or “too difficult.” For victims, that silence was devastating.

Even when cases are filed, they often move slowly. Victims have little contact with prosecutors. Hearings are held far from their communities. By the time the case reaches sentencing, the process feels remote and impersonal — as if justice belongs to the government, not the victim.

And sometimes, federal prosecution overreaches. I’ve seen cases where the government’s eagerness to secure convictions ignored the cultural and jurisdictional realities of Indian Country. When that happens, the system can feel less like protection and more like intrusion.

The Balance Between Power and Partnership

The key is balance. Federal prosecution should fill gaps — not take over. It should empower tribal governments, not overshadow them.

That balance takes work. It requires federal prosecutors and investigators to listen, to learn, and to defer when a tribal court is better positioned to handle a case. It also requires the federal system to recognize that sovereignty is not just a concept — it’s a living, working system of justice that deserves respect.

The Path Forward

The future of protecting Native women lies in partnership, not competition. Tribes need resources, training, and trust. The federal government needs humility and consistency.

When both systems work together, Native women are safer. When they don’t, justice slips through the cracks.

Tomorrow’s post will focus on the challenges Native women face seeking justice — and what it really looks like to navigate these overlapping systems as a victim in Indian Country.