Domestic Violence

Blackfeet Nation

Taylor Godell

Introduction

"Image 1 - Entrance to Blackfeet Nation"

The Blackfeet Indian Reservation, with the establishment of the Treaty of 1855 was recognized by the United States government. However, the Blackfeet community has resided on the lands in northwest Montana and extending into Canada, for many years prior to the establishment of the treaty and reservation. Today there are roughly 17,321 recognized members making the Blackfeet Confederacy one of the largest Indigenous communities within the United States (Blackfeet Nation, 2017). Since the implementation of the Treaty of 1855 the Blackfeet community have faced various obstacles and issues that has affected their community for various reasons. One of which is the high rate of domestic violence cases within their community. Many of these cases include a perpetrator who is described as non-Native. According to the Department of Justice, 70 percent or more of the violence experienced by Native American women is committed by non-Natives (Department of Justice, 2006). This creates jurisdiction issues in terms of justice for the victims of these crimes. The lack of policy in favor of Indigenous communities and the various risk factors the Blackfeet Nation faces play into the issue of high rates of domestic violence cases within the community.


Brief History on Women of the Blackfeet Nation

Unlike the patriarchal society instilled through Anglo-American ideals as a result of colonialism, historically the Blackfeet Nation placed more emphasis on the roles and contribution of the women in the community. Women of The Blackfeet Nation historically were regarded as sacred contributors in terms of the position they played in the community. According to research found through The Empty Shawl Report, as well as, Joseph S. Gladstone and Donald D. Pepion women of the community were viewed as sacred individuals that aided in keeping the community continuing because of the various important roles they played within it (The Empty Shawl, 2009; Joseph Scott Gladstone & Donald D. Pepion, 2016). Women were responsible for not only maintaining the homes but also teaching the children the traditions of their society. Women also took on leadership roles when it came to taking care of and trading pelts. Gladstone and Pepion relayed findings from early reports stating that indicated the importance of women when it came to trade, stating how a trader from Hudson’s Bay claimed that he witness women taking very “assertive” roles in trade of pelts for their communities (Joseph Scott Gladstone & Donald D. Pepion, 2016).


Domestic Violence in the Blackfeet Community

According the Department of Justice “The term ‘domestic violence’ includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction” (Department of Justice, 2017).


Although the Department of Justice provides a definition for domestic violence that much of the laws in the United States reflect to be the overarching definition in terms of legal matters, it is not reflective of all communities and cultures views on the subject matter. With contributions from the article by Chester, Barbara, et al., scholar Sherry Hambry found that “There are many factors, some centuries old, that are specific to particular tribal groups and that affect the context and definition of domestic violence in native communities” (Hambry, 2000; Chester, Barbara, et al., 1994).


Risk Factors for Domestic Violence on The Blackfeet Nation

In a comprehensive look at the statistics surrounding domestic violence, the organization Futures Without Violence found that Indigenous women living on reservations suffer from domestic violence at a higher rate than females of any other racial identity. The report also found that intimate and family violence within Indigenous communities leads to the victims to be more likely injured and in need of care than any other races. These statistics proved true, especially for the Blackfeet Nation when the information and data collected for The Empty Shawl report that showed that the rate of domestic violence rates in 2008 tremendously surpassed the rate of domestic violence of all other areas not a part of Indigeneous lands (The Empty Shawl, 2009). These statistics all carry weight behind them, but the reality is that although the rates are high as is, there are many under-reported cases within the community for reasons relating to the various risk factors associated with domestic violence on the Blackfeet Nation land. According to the findins by The Empty Shawl report, "fewer than half of violent victimizations against women are reported to police" (The Empty Shawl, 2009).

Many of the risk factors associated with the presence of domestic violence tend to have an interchangeable relationship with domestic violence. These can include the high rate of alcohol and substance abuse prevalent on the reservation, historical trauma, and poverty. The organization Futures Without Violence found that historical “…domination and oppression of native peoples increased both economic deprivation and dependency through retracting tribal rights and sovereignty” (Futures Without Violence, 2010, p. 4). The lack of resources due to the location of the tribe and lack of economic opportunities, the cycle of violence, and the longstanding effects of colonialism such as less respect for women because of the idea of a patriarchal society, women and even children of the Blackfeet Nation suffer from domestic violence because of these risk factors (The Empty Shawl, 2009).


Secondary Victims

When abuse occurs, such as domestic violence in these indigenous communities, there are generally secondary victims who reap the effects of the abuse besides just the victim. These secondary victims tend to be the children of the home or relationships. At The Empty Shawl Conference on domestic abuse specifically on Montana’s tribal reservations it was reported that “Children from homes where battery occurs may be up to 15 times more likely than their peers to be physically abused and neglected themselves, and girls with violent fathers are much more likely to be sexually abused” (The Empty Shawl, 2009, p. 6). The report continued to say that with prior exposure to abuse and violence, children are more prone to continue the cycle of abuse within their own personal such as struggling with alcohol and drug abuse and they are “six times more likely to commit suicide than children in the general population” (The Empty Shawl, 2009, p. 6).


Policy Changes and Community Resources

The Violence Against Women Act (VAWA) Reauthorization 2013 that was signed into law by Former President Obama. Under the act, “Tribes are able to exercise their sovereign power to investigate, prosecute, convict, and sentence both Indians and non-Indians who assault Indian spouses or dating partners or violate a protection order in Indian country” (Department of Justice, 2015). However, implementing and getting the resources needed to take control into the tribe’s own hands is costly and hard to initiate. Currently only 18 federally recognized tribes have received aid through a pilot program that implements the special domestic violence criminal jurisdiction (SDVCJ) aspect of the act allowing for justice to be served to those whether they are native or non-native. Only one tribe in Montana has that grant, and the Blackfeet Nation is not that tribe. Thus, making it difficult to hold the non-native perpetrators responsible under tribal law. However, the community has stepped forward and different organization are stepping in, in order to help the victims of domestic abuse in different ways.

With the large number of domestic violence incidents on the Blackfeet Reservation and on Indigenous lands in general in Montana, various organizations have been created in hopes to aid victims and create a safe-place to turn when in need. Some of these organizations are for the entire state, while there are other resources that focus on the needs of Indigenous women with respect to the traditions and culture of the Blackfeet community. Some examples of these include:


The Montana Native Women’s Coalition

Montana Native Women’s Coalition (MNWC) is a subsect of a larger Native nonprofit organization that was founded in 2001. MNWC “aims to improve urban, rural, and Native American community responses to victims of Sexual and Domestic Violence, provide culturally based training/technical assistance to tribal advocacy, programs and communities. MNWC seeks to improve collaboration between Native women leaders and State/Federal representatives who manage funding for sexual and domestic violence programming in Montana and create social changes through the elimination of institutional, cultural and societal violence against Native women and children” (Montana’s Native Women’s Coalition, 2001).


The Indian Law Resource Center

”Through its Safe Women, Strong Nations project, the Center helps Native women’s organizations in their work to help tribes deal more effectively with the egregiously high rates of sexual violence and physical assault perpetrated against them. The Indian Law Resource Center collaborates with Native women leaders who have been dealing with this issue for years, and has worked closely with the National Congress of American Indians Task Force on Violence Against Women, Clan Star, Inc., the Navajo Nation and others to raise awareness of this issue internationally” (The Empty Shawl, 2009).


Resources


Written:

Blackfeet Nation. (2017). Our Culture. Blackfeet Nation. Retrieved from blackfeetnation.com

Chester, Barbara, et al. (1994). Grandmother dishonored: Violence against women by male partners in american indian communities. Springer Publishing Company, Violence and Victims, 9(3), 249-58. Retrieved from proquest.com

Department of Justice. (2017). Domestic Violence. The United States Department of Justice. Retrieved from justice.gov

Department of Justice. (2006). The Extent, Nature and Consequences of Rape Victimization: Findings from the National Violence Against Women Survey. U.S. Department of Justice, National Institute of Justice. Retrieved from ncjrs.gov

Department of Justice. (2005). Violence Against Women Act (VAWA) Reauthorization 2013. U.S. Department of Justice. Retrieved from justice.gov

The Empty Shawl. (2009). Honoring Native Women by Stopping the Violence Against Them. Department of Public Health and Human Services, the Montana Board of Crime Control, the Governor’s Office of Indian Affairs, the Office of Public Instruction, the Department of Transportation, the Department of Justice and the Montana Attorney General. Retrieved from montana.gov

Futures Without Violence. (2010). The Facts on Violence Against American Indian/Alaskan Native Women. Futures Without Violence. Retrieved from futureswithoutviolence.org

Joseph Scott Gladstone and Donald D. Pepion. (2016). Exploring traditional Indigenous leadership concepts: A spiritual foundation for Blackfeet leadership. Leadership, 13(5), 571-589. Retrieved from journals.sagepub.com

The Montana Native Women's Coalition. (2001). Montana Native Women's Coalition. National Indigenous Women's Resource Center. Retrieved from niwrc.org

Sherry L. Hambry. (2000). The Importance of Community in a Feminist Analysis of Domestic Violence among American Indians. American Journal of Community Psychology, 28(5), 649-669. Retrieved from link.springer.com


Images:

Image 1 - Entrance to Blackfeet Nation. Blackfeet Nation Retrieved from blackfeetnation.com