Women, Violence, and Jurisdiction (Part 4): The Challenges Native Women Face Seeking Justice

Day 4 of a 5-Part Series

For Native women, seeking justice after violence isn’t just hard — it can feel impossible.

Even with laws like VAWA, the path through the legal system in Indian Country is complicated, confusing, and often painful. Victims are asked to relive trauma across multiple jurisdictions, explain their stories to unfamiliar officials, and wait months or even years for an answer that may never come.

The system is built on layers of law — federal, tribal, and sometimes state — but it’s not built around the people it’s supposed to serve.

Jurisdictional Confusion

The first challenge most Native women face is figuring out who has authority.

If the perpetrator is Native, the tribe or the federal government might prosecute.
If the perpetrator is non-Native, it might be federal, state, or tribal — depending on where the crime happened and what kind of crime it was.

For a victim, none of that makes sense in the moment. All she knows is that something terrible happened, and she wants help. But before she even gets to court, her case is already caught in a maze of laws that most lawyers have to look up before they can explain.

This confusion creates delay, frustration, and mistrust — and for many Native women, it leads to silence.

Limited Access to Resources

In rural and reservation communities, there are often too few shelters, counselors, or advocates. Federal services can be hours away. Tribal programs may be understaffed or underfunded.

For victims of domestic violence, that can mean staying in dangerous situations because there’s nowhere else to go.

And even when cases make it into the system, victims are asked to travel long distances for court, miss work or school, and navigate processes that feel cold and foreign. Every step can feel like a reminder that the system was not built for them.

Cultural and Historical Barriers

History weighs heavily on these cases. Generations of federal intrusion, boarding schools, and broken promises have left deep mistrust between Native communities and outside authorities.

That mistrust affects how victims report crimes, how they’re treated, and how much support they receive. Too often, Native women are questioned, doubted, or dismissed. Some fear being blamed or shamed within their own communities. Others fear their stories will be taken out of their hands once they speak up.

Real justice must understand this context — not ignore it.

What Justice Should Look Like

Justice in Indian Country isn’t only about punishment. It’s about healing, safety, and restoring balance.

Tribal courts are leading the way with trauma-informed programs, community-based sentencing, and culturally grounded victim services. These systems aren’t perfect, but they are rooted in understanding rather than bureaucracy.

For Native women, that kind of justice feels different — it feels closer to home.

Tomorrow’s post will close the series by looking ahead — what true justice for Native women requires, and how both tribal and federal systems can get there together.