Indianz.Com > News > Howard Center for Investigative Journalism: Child sexual abuse in Indian Country goes unprosecuted
Pathways to justice
Thursday, September 2, 2021
Howard Center for Investigative Journalism
Chapter 4 of four parts
Despite the problems of tribal authorities and limitations on their courts, many former U.S. attorneys believe the tribal justice system would be the most effective in dealing with crimes, such as child sexual abuse.
“I think that tribal investigators in these cases, in many instances are as skilled, if not more skilled, in investigating them than federal agents,” said Trent Shores, the former U.S. attorney in Oklahoma, who has also advised on Native American and Alaska Native issues at the federal level.
In addition to Shores, former U.S. attorneys from Arizona, Colorado, North Dakota and South Dakota — whose territories include some of the largest reservations — told the Howard Center that the long-term solution is to give tribes the authority and resources to prosecute crimes that occur on their own lands in the same way that states do.
To enable this would require what’s known as an “Oliphant fix” — overturning the precedent set in the U.S. Supreme Court decision Oliphant v. Suquamish Indian Tribe, which established that tribes do not have jurisdiction over non-Indian offenders.
Researchers Grace Oldham and Rachel Gold contributed to this story. It was produced by the Howard Center for Investigative Journalism at Arizona State University’s Walter Cronkite School of Journalism and Mass Communication, an initiative of the Scripps Howard Foundation in honor of the late news industry executive and pioneer Roy W. Howard. For more see azpbs.org/littlevictims. Contact the Howard Center for Investigative Journalism at howardcenter@asu.edu or on Twitter @HowardCenterASU.
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