Toward An Indigenous Jurisprudence Of Rape

Abstract

Chapter eight brings reform from the federal level back to the scale of individual tribal nations. It explores indigenous philosophical foundations for responding to rape. As contemporary tribal nations continue to strengthen their own response to rape, it suggests specific philosophical frameworks for tribal nations to consider in an effort to avoid some of the flaws of the Anglo-American criminal justice system. Some of these suggests to tribal nations are to give credence and respect to the women’s stories of surviving rape, to reflect on historical anti-rape activism and draw inspiration from them, and to look towards traditional beliefs and oral traditions and how they deal with sexual violence.

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