The tab contains all of the basic legal concepts related to sexual violence. This section also contains information on the importance of proving all of the statutory elements of the crime; the definition of “consent”; and a listing of all of the tribal, state, and federal sexual assault statutes.
There are also numerous, useful resources under the tab. This tab provides a basic explanation of protection orders, including the preferred drafting of a protection order.
Also, under this tab, the reader will find a detailed explanation about Full Faith and Credit, discussing how a Tribal protection order must be enforced by states and vice versa. To aid the reader in their exploration of this topic, there is a compilation of state and tribal protection order and full faith and credit statutes.
A key legal topic in aiding victims is informing them of their rights. Accordingly, the tab contains numerous resources and discussions about Victim Rights. This includes the full text of federal victim rights statutes such as the Crime Victim Rights Act (CVRA) and the Victims of Crime Act (VOCA) and state and tribal victim rights statutes.
Also, under the tab, the reader will find information and resources about Public Law 280. This includes the full text of the statute and a discussion of its meaning and repercussions. This tab also contains statutes affecting victims of sexual violence from the mandatory Public Law 280 states: Alaska, California, Minnesota, Nebraska, Oregon, and Wisconsin.
Under the tab, the reader will learn that the victim has many legal options against sexual assault perpetrators in civil courts. Under this tab, the reader can read about tribal civil court jurisdiction and about how tribal courts can have jurisdiction over sexual assault perpetrators, regardless of whether the perpetrator is enrolled in a federally-recognized tribe. Also, a victim has the power to sue the perpetrator in tribal court for all monetary and emotional damages that arise from the assault. The reader can learn more about this under the and tabs.
Finally, it is important to note that not all American Indian/Alaskan Native victims of sexual violence live in Indian Country. Instead, there are significant populations of Urban Indians strewn throughout the United States. With this in mind, the tab includes a compilation of state and territorial statutes which would affect victims living outside of Indian Country.