In March of 2018, NCAI released a Five-Year Report on VAWA 2013's Special Tribal Criminal Jurisdiction.

This report summarizes the implementation of VAWA 2013’s landmark provision and analyzes its impacts in the 5 years since it was enacted. This examination of the tribes’ early exercise of STCJ suggests that VAWA 2013 has been a success. As Congress intended, the law has equipped tribes with the much-needed authority to combat the high rates of domestic violence against Native women, while at the same time protecting non-Indians’ rights in impartial, tribal forums.

Section I contains a brief overview of the need for the tribal provisions in VAWA 2013 and context behind passage of the law. Section II contains an overview of nationwide STCJ prosecution statistics and analyzes tribal experiences exercising STCJ over the past five years, making four key findings Section III provides an overview of the law and the specific requirements that tribes must comply with. Section IV includes profiles of the 18 implementing tribes, including individual prosecution statistics. Finally, Section V examines the diversity in how tribes have chosen to meet the statutory requirements of VAWA 2013 and illustrates how the statute has allowed tribes to implement STCJ differently depending on the needs and values of their communities. The report also includes an appendix with resources on implementation of STCJ and other materials that may be of interest.

To read the Five Year Report, click here.

New downloadable infographics coming soon!

PROSECUTIONS AND OUTCOMES

143 Arrests

74 Convictions

24 Cases Pending

5 Acquittals

14 Federal Referrals

73 Guilty Pleas

21 Dismissals

19 Declinations

6 Trials

5 Jury Trials

1 Bench Trial

1 Jury Trial Conviction

DEMOGRAPHICS

128 Defendants

90% / 115 Male Defendants

10% / 13 Female Defendants

8 Non-U.S. Citizen Defendants

128 Victims

90% / 115 Female Defendants

10% / 13 Male Defendants

19 Victims Required Medical Care

MAJOR TAKEAWAYS

0 Petitions for A Federal Writ Of Habeas Corpus

51% Incidents Involved Drugs or Alcohol

58% Incidents Involved Children

At Least 73 Defendants Had Criminal Records

125 Domestic or Dating

34 Protection

At Least 33 Defendants Sentenced to Incarceration

3 Years Longest Incarceration Sentence

85 Defendants Account For 378 Prior Contacts with Tribal Police Before Their Tribe Implemented STCJ

51% Defendants Sent to Batterer Intervention, Or Other Rehabilitation Program

Note: Unless otherwise cited to another source, the information here—including the statistics above—is attributable to the sum of the experiences of the technical assistance providers, NCAI, the Tribal Law and Policy Institute (TLPI), and the National Council of Juvenile and Family Court Judges (NCJFCJ), including numerous meetings, phone calls, trainings, webinars, and emails. The information collected about implementation is documented and corroborated in NCAI’s internal notes and reports. They are not cited specifically, unless they are a direct quotation.

Update: On March 15, 2022, President Biden signed the Violence Against Women Act Reauthorization bill (VAWA 2022), which included significant amendments to 25 U.S.C. 1304. This page was developed prior to passage of VAWA 2022 and has not yet been updated to reflect the most recent changes.

Click here to download the Implementation Chart: VAWA Enhanced Jurisdiction and TLOA Enhanced Sentencing (PDF) 02/28/2022.

As of the 5-year anniversary of VAWA 2013 the National Congress of American Indians (NCAI) is aware of a total of 18 tribes who have opted to implement STCJ. Those tribes have lands within the borders of 11 different states across the nation, and represent a great diversity of Native nations.

Tribes Implementing STCJ in the First Five Years:

The Pascua Yaqui Tribe in Arizona

The Tulalip Tribes in Washington

The Confederated Tribes of the Umatilla Indian Reservation (CTUIR) in Oregon

The Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation in Montana

The Sisseton-Wahpeton Oyate of the Lake Traverse Reservation in North and South Dakota

The Little Traverse Bay Band of Odawa Indians in Michigan

The Alabama-Coushatta Tribe of Texas

The Choctaw Nation in Oklahoma

The Eastern Band of Cherokee Indians in North Carolina

The Seminole Nation in Oklahoma

The Sac and Fox Nation in Oklahoma

The Kickapoo Tribe of Oklahoma

The Nottawaseppi Huron Band of Potawatomi in Michigan

The Muscogee (Creek) Nation in Oklahoma

The Standing Rock Sioux Tribe in North and South Dakota

The Sault Ste. Marie Tribe of Chippewa in Michigan

The Chitimacha Tribe of Louisiana

The Lower Elwha Klallam Tribe in Washington