Principal Deputy Director Allison L. Randall Testifies Before the Senate Committee on Indian Affairs

Remarks as Prepared for Delivery

Thank you, Chairman Schatz, Vice Chairman Member Murkowski and esteemed members of the Committee.

I am honored to be here to discuss implementation of Special Domestic Violence Criminal Jurisdiction – how it has made a real difference in addressing violence against Native women and how, working together, we can continue to make progress in addressing these devastating crimes.

Prior to the Violence Against Women Reauthorization Act of 2013 (VAWA 2013), even violent crimes committed by a non-Indian husband against his Indian wife, in the presence of their Indian children, in their home on the Indian reservation, could not be prosecuted by the tribe. 

This lack of jurisdiction left many severe acts of domestic and dating violence unprosecuted and unpunished. At the same time, Native American women continued to suffer unacceptably high rates of violence. More than half of American Indian and Alaska Native women have experienced physical violence by an intimate partner in their lifetimes.   

Congress acted to bridge this critical enforcement gap when VAWA was reauthorized in 2013 by recognizing tribes’ inherent power to exercise “special domestic violence criminal jurisdiction,” or SDVCJ, over certain defendants, regardless of their Indian or non-Indian status, who commit acts of domestic violence or dating violence or violate certain protection orders in Indian country. Congress also required that participating tribes provide protections for defendants’ rights and civil liberties.

In the years since VAWA 2013 was passed, 28 tribes have reported that they have implemented SDVCJ. VAWA 2013 has empowered these tribes to hold accountable long-time abusers who previously had evaded justice. And the experience of the implementing tribes has demonstrated that Tribal authorities can and do protect the rights of non-Indian defendants.   

Seven years’ experience also has shown that there are gaps in SDVCJ that undermine Tribal efforts to protect victims and hold offenders accountable. The National Congress of American Indian’s 2018 report on SDVCJ documents cases that could not be brought and the charges that could not be filed due to these gaps. Department of Justice officials have heard from Tribal leaders year after year at our annual violence against Indian women consultations that they cannot prosecute co-occurring crimes such as child abuse and assaults on Tribal officials, as well as sexual assault committed by non-Natives. The stories are heartbreaking.

That’s why the Department of Justice urges Congress to recognize Tribal jurisdiction that will allow tribes to hold accountable non-Indian perpetrators of the crimes of sexual violence, sex trafficking, domestic violence against child victims, stalking, elder abuse and assault against law enforcement officers when offenders commit such crimes on Tribal territory. 

I would also like to address the fact that tribes in Alaska face additional challenges in protecting victims and responding to offenders – vast distances, remote locations and an inability to exercise SDVCJ under the current legal framework. Given the high rates of violence experienced by Native women in Alaska, we are committed to working with tribes and Congress to address these challenges and empower tribes in Alaska to confront the violence in their communities.  

The department continues to listen to tribes and support their exercise of SDVCJ. We heard from Tribal leaders that they need access to funds to support the day-to-day costs of SDVCJ. Today I am pleased to announce OVW is issuing 11 awards to implementing tribes to defray these costs. And, to further our commitment to finding solutions that work for Alaska Native tribes, I am pleased to announce that the department’s Annual Consultation will be held in Alaska next year.    

In closing, SDVCJ has been a success, but many survivors have been left behind and perpetrators not held fully accountable because of its limitations. Congress must act. I appreciate the time and attention of this Committee and look forward to answering your questions and working with you on this crucial issue.