Sovereignty of the Soul: Exploring the Intersection of Rape Law Reform and Federal Indian Law

Abstract:     
This Article is designed with two audiences in mind. On one hand, it is to enlighten sexual assault scholars and practitioners about the importance of sovereignty in the analysis of rape law and reform. On the other hand, to persuade Indian law scholars and practitioners that the development of sexual assault jurisprudence is central to the struggle for sovereignty. Ultimately, this Article argues that it is impossible to separate theories of indigenous self-determination from theories on sexual assault jurisprudence. It is critical that a dual analysis be employed in both disciplines because sexual violence is so deeply imbedded in colonizing and genocidal policies..

Number of Pages in PDF File: 12

Keywords: sexual assault, rape, jurisprduence, indigenous, native, women

JEL Classification: K14

Accepted Paper Series