Decolonizing VAWA 2021: A Step in the Right Direction for Protecting Native American Women

• Author: Sheena L. Gilbert,Emily M. Wright,Tara N. Richards
• DOI: 10.1177/15570851211016044
• Date: 01 October 2021
• Published date: 01 October 2021
• Subject Matter: Articles

2021, Vol. 16(4) 447 –460

https://doi.org/10.1177/15570851211016044

Feminist Criminology

© The Author(s) 2021

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DOI: 10.1177/15570851211016044

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Article

Decolonizing VAWA 2021:

A Step in the Right Direction

for Protecting Native

American Women

Sheena L. Gilbert1, Emily M. Wright1,

and Tara N. Richards1

Abstract

The Violence Against Women Act (VAWA) was hallmark legislation aimed at combating

violence against women. While violence against women is a national issue that affects

women of all race/ethnicities, it affects Native American women the most, as Native

women experience the highest rates of violence. Violence against Native women is

rooted in colonization because it decreases the power of tribal government, diminishes

tribal sovereignty, and devalues Native Americans, which in turn leaves Native women

more vulnerable to victimization. As such, amendments to VAWA must take particular

action on violence against Native women, including actions that support decolonization.

The 2013 VAWA reauthorization acknowledged colonization and was the federal

government’s first step in the decolonization process. It restored tribal jurisdiction over

some VAWA crimes, but there are still gaps regarding protecting Native women. This

policy analysis examines the proposed VAWA reauthorization, HR 1620, and provides

three specific recommendations in order to better protect Native women: (1) allow

tribes to write their own rape laws, (2) expand tribal jurisdiction to all VAWA crimes

and stranger and acquaintance violence, and (3) enhance tribes’ abilities to secure

VAWA funds and resources. These recommendations are discussed in terms of existing

literature and implications for Native people and Native communities.

Keywords

Native American, Indigenous, Violence Against Women Act (VAWA), decolonization,

violence

1University of Nebraska at Omaha, NE, USA

Corresponding Author:

Sheena L. Gilbert, School of Criminology and Criminal Justice, University of Nebraska at Omaha, 218

CPACS, 6001 Dodge Street, Omaha, NE 68182, USA.

Email: Sheenagilbert@unomaha.edu

1016044

FCXXXX10.1177/15570851211016044Feminist CriminologyGilbert et al.

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