Raping Indian Country

49 Pages Posted: 4 Dec 2019 Last revised: 16 Jan 2020

See all articles by Sarah Deer

Sarah Deer

University of Kansas

Elizabeth Ann Kronk Warner

University of Utah - S.J. Quinney College of Law

Date Written: December 2, 2019

Abstract

In this article, we have examined the policies of the Trump Administration as they relate to extractive development on and near Indian country, and policies related to the protection of Native people from rape and sexual assault. As demonstrated above, the Administration’s policies are likely to increase both the environmental and physical vulnerabilities of Native people. Native people will not only likely face exasperated physical insecurity, but their environments will likely be increasingly stripped on natural resources. As a result, the raping of Indian county continues. But, this article is not without hope. At least two ways forward, improvements upon the status quo exist. Tribal governments possess the requisite capacity to address the environmental and criminal challenges presented here. Further, changes to federal law, such as the Oliphant fix suggested above, provide meaningful opportunities for change. The rape of Indian country envisioned in this article is not a foregone conclusion; together change can protect our land and bodies.

Keywords: native law, native peoples, tribal governments, environmental law

Suggested Citation

Deer, Sarah and Kronk Warner, Elizabeth Ann, Raping Indian Country (December 2, 2019). University of Utah College of Law Research Paper No. 344. Available at SSRN: https://ssrn.com/abstract=3497007 or http://dx.doi.org/10.2139/ssrn.3497007

Sarah Deer

University of Kansas ( email )

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

Elizabeth Ann Kronk Warner (Contact Author)

University of Utah - S.J. Quinney College of Law ( email )

383 S. University Street
Salt Lake City, UT 84112-0730
United States

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