Toward an Indigenous Jurisprudence of Rape

35 Pages Posted: 13 Oct 2010

Date Written: October 13, 2010


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

Suggested Citation

Deer, Sarah, Toward an Indigenous Jurisprudence of Rape (October 13, 2010). Kansas Journal of Law & Pubic Policy, Vol. 14, 2004-2005, Available at SSRN:

Sarah Deer (Contact Author)

University of Kansas ( email )

Blake Hall
1541 Lilac Lane, Room 322
Lawrence, KS 66045
United States
785-864-9713 (Phone)

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