Wednesday, December 7, 2011

FBI Takes Major Step Toward Updating Narrow Definition Of Rape

http://www.huffingtonpost.com/2011/12/06/fbi-definition-of-rape_n_1132913.html
Yes, I had to respond. I know it's been a while but this one caught me...particularly because the FBI is responsible for prosecuting crimes on tribal lands...although this change is not specific to tribes. I believe it has the most impact on those living on a reservation.  Just from the few small studies that exist, we know that Native women will disproportionately experience sexual victimization. I have spoken with many Native advocates working in the field and I can't count the number that have disclosed to me that they don't know a single woman who hasn't been a victim of some form of sexual violence. Let's take a moment just to reflect on this.....how many of you reading this can say the same thing? Yet, the statistics (Amnesty International report, 2007) say that 1 in 3 will be a victim. But, also according to Amnesty report, of the 77 known cases, only 3 had reported to the police. This is less than 4%. In 1999 (less than a decade earlier) the Bureau of Justice Statistics found that only 30% had reported to the police. So, has reporting gone down even further? It's hard to tell because the collection of statistics is remarkably missing. Part of the reason may very well have to do with the way sexual violence is defined. I mean, why waste your time coming forward and reporting an assault that occurred when the police (FBI) are just going to tell you that it wasn't REALLY an assault? You didn't scream loud enough for others to hear you say NO so, it's your word against theirs. Yes, we understand that he threatened to kill you if you resisted and you decided to BELIEVE him and didn't fight back but now you don't have any injuries to PROVE the assault...so, by definition, it wasn't really an assault. Huh?!  Oh yea...and did I mention that the US Department of Justice found that 86% of the perpetrators of sexual violence against Native women are non-Native!! So, tell me again WHY victims should report? Not WHY they don't.
So, it's only been 82 years and now the FBI is entertaining the idea of UPDATING the definition! I guess it's a start but, it does little to address the issue of coercion and incapacitation. The CDC does a great job of defining rape.
Sexual violence (SV) is any sexual act that is perpetrated against someone's will. SV encompasses a range of offenses, including a completed nonconsensual sex act (i.e., rape), an attempted nonconsensual sex act, abusive sexual contact (i.e., unwanted touching), and non-contact sexual abuse (e.g., threatened sexual violence, exhibitionism, verbal sexual harassment). For complete definitions, go to:

http://www.cdc.gov/violenceprevention/sexualviolence/definitions.html
Again, not sure why we are still sticking with something so narrow as the new definition. Until we make a REAL effort to address this issue for ALL victims, we will continue to have this as a disgusting underbelly of our society! For too long..., women and girls have been disposable and held accountable for the acts that have been perpetrated against them. This has been particularly true for Native victims. Native girls have been experiencing this type of victimization since colonization and there appears to be a significant absence of concern from everyone other than the tribal communities themselves. Tribal communities have been working hard to get this issue addressed and while most victims of sexual violence in most states won't have to deal with the FBI and local law enforcement most likely have criminal statutes that align more closely with the CDC's definitions, Tribal communities WILL have to deal with the FBI! So, forgive me if I don't excited by their minimal and most likely ineffective "update". I will get excited when they ACTUALLY do something that could make a REAL difference in the life of a SURVIVOR of sexual violence. 


Monday, October 24, 2011

Will There Be Justice in a ‘Sundown Town’? - New America Media

Will There Be Justice in a ‘Sundown Town’? - New America Media

I am particularly troubled by this article as it speaks to a reprehensible act in a city I once called "home". I'm not entirely sure where to begin. Is it the fact that things really haven't changed much in the past 26 years in Clovis, Ca. that would allow such a racially motivated attack to take place? or the fact that even today, a police officer would think it was necessary and APPROPRIATE to ask this woman what she had done to cause the attack? Let's start with the last question....what could she have done? Hmmm...so, this would allow one to believe that it is entirely possible to "provoke" a person or persons to viciously attack you while driving your car down the road. Let's forget for a moment that this person was Native and that the people who attacked her were racist. The fact that the officer ASKED her what she did to warrant such an attack suggests that there is a possible defense for these individuals. I mean, she could very well have "cut them off" or "gave them the one-finger wave", perhaps her music was too loud or her car was too slow or the wrong model or color.  I know that I am aggravated by drivers every day and often I think "wow...the solution to this problem is to bump the car from behind, chase it down the street, wait for the exact moment it has to stop at a red light, jump out, spit on them, hit them so hard I can knock them out, then drag them from their car and beat them to a mere inch of their life"...yep...that works! NOT! Seriously, that officer should lose his badge! He owes this woman an apology and anything short of that is heinous. Asking for the facts is one thing and there are much more appropriate ways in which to ask....that's like asking a rape victim what she did to provoke the rape! How often does he ask victims of armed robbery what they did to provoke the robbery... perhaps they owned too many nice things....seriously!

As for the conditions in Clovis, Ca. I wouldn't be surprised one bit if this was 1991. But today? I remember all too well the dangers for my friends who were not white in visiting Clovis after dark. In fact, I had friends who wouldn't travel to where the street signs turned brown after dinner time. That was the distinction between Fresno and Clovis. You knew you were in Clovis when the street signs went from green to brown. Clovis has that homey "old west" feel to it. Every year there is a rodeo and fair. The streets of  Old Towne Clovis come alive in the summer with country-western music and a farmers market on the weekends. In fact, this summer I visited their local museum which contained artifacts and historical accounts of the Natives that once occupied that area. I inquired from the curator why there were so little mentioned and her response "this museum isn't really about the Indians". It might be hard to believe but I really didn't know what to say to her. I wanted to take my measly contribution back! Instead...I just told her it was a shame...because it should be. So, on the surface, it looks like it is a great place to live, raise kids, take that slow stroll through town....but sadly... not for everyone.

I have asked my friends and family still living in Fresno/Clovis to contact the DA and force her to prosecute this as a Hate Crime. I'm saddened by this. I find it hard to believe that we ACTUALLY have to "lobby" this woman to do her job! I guess my question always comes back to "would we have to do this if the victim was white and the attackers were Indian?"

Individuals and communities need to be held accountable. If we DON'T hold them accountable, we are being passive and to be passive is to condone and that is a dangerous place to be. We are better than that as human beings. We NEED to be better than that. Our humanity depends on it.

Tuesday, October 18, 2011

20/20 presentation

While I commend Diane Sawyer and ABC news for attempting to highlight the plight of those living on the Pine Ridge Reservation, I found the Reasons explaining "why" conditions are so deplorable to be glaringly absent.  It is impossible to do this topic true justice in just under an hour. Yes, the education system on the reservation is woefully inadequate and the school is dilapidated.  However, what wasn't discussed is the fact that the federal government is entirely responsible for the education system on the Reservations. The fact that the government would allow children to attend a school that is filled with asbestos is abhorrent if not criminal.  On many Reservations, tribal communities are residing in old abandoned, and federally donated military housing that is filled with asbestos. Yes, alcoholism is a pervasive problem for many Natives living on and off of the reservation, yet I am certain that if more investigation were done, it would be discovered that non-Natives likely own the four liquor stores being operated in the adjacent city. In addition, there was little conversation as to why so many are addicted to alcohol and drugs and why suicide has become the only option, even for the young 11 year old girl. As for the private school that so many are trying to receive scholarships to attend, it is run by the Catholic church. Given the history that the Catholic church has with Native people, the questions should be "Why do these children need to get a scholarship to attend this school at all? Shouldn't it be free for anyone who wants to attend?" 
What needs to be brought to light is the fact that tribes in this country, as with Indigenous from all over the world, have been victims of Genocide through historical trauma and oppression. Many non-Native people resist this term as does the federal government, yet it is overwhelmingly obvious. Native children weren't just taken from their homes and placed in boarding schools, stripped of their culture and denied their family and tribal relationships; they were severely abused sexually and physically and then FORGOTTEN. Those that survived (as many died), returned home with what could only have amounted to severe PTSD. Further compounding that was their inability to address these issues through their own cultural practices. Generations upon generations have had the unfortunate luck of having to attend one of these schools, most of which were operated by the Catholic church or other Christian ministries.  If you are in doubt, read about the recent excavation of a boarding school that closed in 1970 that targeted the Mohawk children or the one in Arizona that closed in the late 1980's in which one of the teachers had molested over 100 Native boys. Boarding schools are still operating today.

Then there is the issue of removing Native children from their families and tribal communities to be place in white adoptive homes. One researcher estimates that nearly a third of all Native children had been removed and place in white homes or institutionalized by the 1960's. And in the late 1970's Native women, along with Puerto Rican women were subjected to forced sterilization. This came to light when young women were presenting and asking for their "uterus transplants". Some estimates have been that over 3,500 women of child-bearing age were sterilized by Indian Health Services (which the federal government runs).  Many suggest their number to be much higher. In fact, some say that there are practicing physicians that are still encouraging young Native women to have their tubes tied or to get hysterectomies.

The problem with the term "historical trauma" is that it denotes a time in history (such as the Nazi Holocaust). It allows one to believe that these events occurred a very long time ago and that the Indians just need to get over it and move on. However, this is not the truth of the matter. I have the privilege of working with tribes all over the country who are addressing the issue of violence against their women. The issues and experiences of oppression and trauma are alive and well, yet the government funds so few services and provides even fewer resources. Yes, some tribes do have the economic resources to fund their schools, social service programs, health care, etc. But, very few have this ability.

I am often in discussions with people who are so quick to point out the tribal casinos. And these same people are outraged that the members of these tribes live in nice homes and drive nice cars. However, I have never heard anyone complain about the houses that Donald Trump owns or Bill Gates. Are Native people not entitled to live in nice homes and drive nice cars? What is often overlooked is the fact that many of the casinos or tourist interests like the Skywalk at the Grand Canyon is primarily owned by the developers. Many of the tribes are not receiving all of the profits from these adventures for many years and in some cases 25 or more years. Those that do receive profits often do great things for their communities and for the surrounding communities (such as purchasing fire engines or rescuing bankrupt cities who were building a minor league baseball park).  That's not to say that there aren't issues or concerns within the tribal governmental structure, but isn't that same everywhere?

There is so much more that can be said and so many that could say it better than I can. What I wanted to point out is that there are many, many reasons why the conditions are as they are and while there is personal accountability that cannot be overlooked or underestimated; the discussion really REQUIRES accurate context. Native people in this country are owed more than just a one hour show on one Reservation. They are owed an enormous amount of respect for their resiliency in surviving the Genocide and trying to thrive in the most inhumane and unacceptable conditions; the right to true Sovereignty so that they can truly care for their communities; for their history to be portrayed accurately in the history books so that generations to come will better understand and perhaps make the reparations that generations before have failed to make; and finally an APOLOGY from the United States Government for acts of genocide.

Okay, so maybe the last item will never happen. But perhaps if people understand the "whole and true" history and current situation, they might put aside their stereotypes and prejudices and find a way to offer their assistance with a true and open heart.