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Terri Henry: Restore respect and safety for first women of this land
Monday, February 7, 2011
Filed Under: Opinion

"It was with great honor that my nation, the Eastern Band of Cherokee Indians, hosted the United Nations Special Rapporteur on Violence Against Women, Ms. Rashida Manjoo. Her visit to Cherokee was spurred by the concern that American Indian and Alaska Native women are victimized at more than double the rate of violence of any other population of women in the United States. Fortunately, there is a growing global awareness of the voices of Native women calling for safety and justice.

With great pride we welcomed Ms. Manjoo to the Qualla Boundary to listen to our community: people that respond to the medical needs, to the 911 calls, those that investigate and prosecute, and to the Cherokee Court where women seek justice in the hope that the violence will end. While Cherokee does not have a perfect response to these crimes we are outraged by the rape or beating of any woman, and we are committed to increasing the safety of all women who reside within our tribal community. Most importantly we understand Cherokee women have the right as citizens of the Eastern Band to the protection of their government.

Like all Indian tribes we face the daunting task of overcoming complex social barriers that allow violence against our women to continue. Yet unlike state and federal governments, we as a tribal government face legal barriers to the protection of women. Since 1978 our tribal government, like all Indian nations, has been stripped of the authority to prosecute rapists and abusers that are non-Indians. Further, federal law prevents our tribal court from adequately sentencing offenders to the same extent as state courts. No matter how heinous the crime, tribal courts can only impose a maximum sentence of one year per offense, unless certain conditions are met, in which case the maximum sentence is three years. Rape in the State of North Carolina carries a maximum penalty of 40 years, so for most tribal victims, a three year sentence is a far cry from equal justice under the law."

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Terri Henry: Restoring respect for the first women of this land (Turtle Talk 2/7)

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