Mitchell Hamline School of Law Mitchell Hamline Open Access Faculty Scholarship 2004 Toward an Indigenous Jurisprudence of Rape Sarah Deer Mitchell Hamline School of Law,
[email protected] Publication Information 14 Kansas Journal of Law and Public Policy 121 (2004) Repository Citation Deer, Sarah, "Toward an Indigenous Jurisprudence of Rape" (2004). Faculty Scholarship. Paper 79. http://open.mitchellhamline.edu/facsch/79 This Article is brought to you for free and open access by Mitchell Hamline Open Access. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Mitchell Hamline Open Access. For more information, please contact
[email protected]. Toward an Indigenous Jurisprudence of Rape Abstract This article sets forth some preliminary issues and perspectives for the development of indigenous models of rape jurisprudence. Part I examines the reasons for and importance of developing an indigenous jurisprudence of rape. Part II addresses tribal jurisdiction issues, particularly the current limitations on tribal authority. Part III provides a historical context for the issue, including examples of the role of colonization in the responses to sexual violence. Part IV shares some visions for the development of a contemporary jurisprudence of rape for indigenous nations. Keywords native women, violent crimes, criminal law, tribal law, traditions, Indian country Disciplines Indian and Aboriginal Law This article is available at Mitchell Hamline Open Access: http://open.mitchellhamline.edu/facsch/79 Toward an Indigenous Jurisprudence of Rape Sarah Deer* "But to speak, at whatever the cost, is to become empowered rather than victimized by destruction. In our tribal cultures the power of language to heal, to regenerate, and to create is understood." Joy Harjo, Muscogee 1 This article is inspired by the conversations about sexual violence I have had with Native women over the past few years.