Native Women, Domestic Violence, and the Duty-to-Protect.

Have been researching the prosecution of victims of domestic violence for crimes perpetrated against their children by their batterers, and came across the following document - it's brief and worth reading. Given how many Indigenous women are incarcerated in Arizona - and how high the rate of domestic violence is in Native communities - it seemed appropriate to compile some additional resources for Native women who are victims of domestic violence here. Those are at the bottom.

image from southwest center for law and policy

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Criminal Prosecution of Battered Native Women for Failure to Protect

James G. White, Hallie Bonger White, Jane Larrington
Southwest Center for Law and Policy & Office on Violence Against Women , DOJ

EXCERPT:

"A disturbing trend has emerged in Tribal and state courts. Women are being criminally charged
with “failure to protect” under child abuse, child neglect, or child endangerment statutes solely
because of the violent, criminal actions of their abusive partners. Under the laws and practices of
many jurisdictions, women with children may be criminally prosecuted for failing to leave their
abusers or failing to report or to seek help for the abuse that they and their children suffer.

The criminal justice system has developed an expectation that battered women with children must
leave their abusers (even when no resources exist in the community to assist them in leaving) in
order to protect the children. Failure of a battered woman with children to leave her abuser may
result in criminal prosecution, incarceration, and/or termination of parental rights...

There are significant policy and legal implications of prosecuting battered women for “failure to
protect” their children. For some battered women, the most “protective” choice they can make for
their children is to stay in an abusive home. The reality is that many battered women lack the resources
to feed, clothe, and shelter their children once they leave their abusive partner. Many batterers
are highly lethal and will stalk and kill their partners and children if they leave. Making an
attempt to escape a violent home may actually increase the risk of injury or death for a battered
woman and her children. Careful safety planning and preparation can take time but will ultimately
provide a battered woman with her best chance at safely leaving an abusive home and keeping her
children safe.

Laws and polices that encourage the prosecution of battered women for “failure to protect” do not
accomplish their stated goals. These laws and policies discourage women from reporting abuse for fear that they may be prosecuted or lose custody of their children. By closing off an avenue of intervention
and assistance for battered women, these laws and policies make it less likely that these
women will be able to safely leave their batterers and keep their children safe. Finally, laws and
policies that seek to hold a battered woman responsible for the abuse meted out by her batterer
represent a grave injustice that flies in the face of one of the fundamental principles underlying
criminal justice—that persons should be held criminally responsible only for actions for which they
are culpable."

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Tribal Law and Policy Institute: Domestic Violence Resources

A victim-centered approach to domestic violence against Native women

Sarah Deer, et al

Southwest Center for Law and Policy; Tribal Law and Policy Institute

Maze of Injustice: The Failure to Protect Indigenous Women from Sexual Violence in the USA

Amnesty International (2007)

Intersection Of Domestic Violence And Child Victimization In Indian Country
by Hallie Bongar White and Jane Larrington

Also check out:

Mending the Sacred Hoop
202 East Superior Street
Duluth, MN 55802
(218)-722-2781

Minnesota Indian Women's Resource Center
2300 15th Avenue South
Minneapolis, MN 55404
(612)-728-2000

The Tribal Law and Policy Institute
8235 Santa Monica Blvd., Suite 211
West Hollywood, CA 90046
(323) 650-5467 ~ Fax: (323) 650-8149

Southwest Center for Law and Policy

475 S. Stone Avenue 

Tucson, Arizona 85701

520-623-8192