Issues in Indian Country

VICTIMS OF CRIME: ISSUES IN INDIAN COUNTRY

Since 1987, the Office for Victims Crime (OVC) has focused discretionary Victims of Crime Act (VOCA) funds on improving services for federal victims of crime in Indian country. Efforts include building a network of victim assistance programs in Native American communities, providing training, and developing informational materials that assist Native American crime victims to understand tribal and federal criminal justice systems, their rights, and available services.

Historical Overview

A new idea surfaced in the early 1980's about crime victims and how they were being victimized twice--once by the criminal, and then again by the criminal justice system. The system invested more in attending to the rights of offenders than in assisting the victims of their crimes, and seemed to blame victims, sending a message that victimization was the result of their own negligence.

To address this inequity, a task force was established to examine victims' issues and develop a blueprint for how the criminal justice system and others should improve the response to crime victims. It was the first major effort undertaken by the federal government to address victims' rights. The outcome of the research and recommendations of the task force was the passage of the Victims of Crime Act (VOCA) of 1984, which furnished a mechanism to generate monetary resources for victim assistance services.

Establishment of OVC

VOCA established the Office for Victims of Crime (OVC) which was given the responsibility for administering the Crime Victims Fund. Each year, millions of dollars are deposited into this Fund from criminal fines, forfeited bail bonds, penalty fees, and special assessments collected by the U.S. Attorney's Offices, the U.S. Courts, and the Bureau of Prisons. These dollars come from offenders convicted of federal crimes--not from taxpayers. The goal in administering the Crime Victims Fund is to assist the states to develop a comprehensive network of services to meet the needs of victims of violent crimes.

Crime Victims Fund Deposits

The first $6.2 million deposited into the Fund in each of the fiscal years 1992 through 1995, and the first $3 million thereafter, are disbursed to the Administrative Office of the U.S. Courts to establish a centralized, automated National Fine Center. The Fine Center was established to receive all fines and assessments, compute interest and penalties, send monthly statements to debtors, prepare and mail delinquency and default notices for DOJ, and provide statistical information on the deposits received in the Fund.

The next $10 million is used to improve the investigation and prosecution of child abuse cases. The $10 million is split between the U.S. Department of Health and Human Services ($8.5 million) and OVC ($1.5 million). The portion administered by OVC is used exclusively to help Indian tribes improve the investigation and prosecution of child abuse cases, particularly child sexual abuse cases.

The remaining Fund deposits are distributed to State compensation programs (48.5%); State victim assistance programs (48.5%); and training and other assistance (3%) to expand and improve the delivery of services to crime victims, including victims of federal crimes.

Victim Compensation

What is crime victim compensation? Crime victim compensation is a direct payment to, or on behalf of, a crime victim for crime-related expenses such as unpaid medical bills, mental health counseling, funeral costs, and lost wages. Other compensable costs may include such expenses as eyeglasses or other corrective lenses, dental services and devices, prosthetic devices, and crime scene cleanup. Every state administers a crime victim compensation program. These programs provide assistance to victims of both federal and state crimes, including victims on Indian and military reservations. Although each state compensation program is administered independently, most programs have similar eligibility requirements and offer a comparable range of benefits. Maximum awards generally range between $10,000 and $25,000.

The typical state compensation program requires victims to report crimes to police within three days and to file claims within a fixed period of time. If other collateral sources of help are available, such as private insurance, compensation is paid only to the extent that the collateral resource does not cover the loss.

Examples of how these funds might be used: (1) A thirteen year old Navajo girl was sexually assaulted by a relative. In addition to the medical services provided by the Indian Health Service, the state compensation program reimbursed the family for the traditional healing ceremonies performed by a medicine man. (2) A four-year-old North Dakota girl was injured when her father tied her up and sexually molested her. He told her he would hurt her if she told. Charges were brought against the father. The state compensation paid for the child's physical examination and psychological counseling. (3) A father of a 7-month-old infant, who was beaten to death by the babysitter, was awarded $1,500 for burial expenses.

Currently, all 50 states, the District of Columbia, the U.S. Virgin Islands, and Guam have established victim compensation programs.

Victim Assistance

What is victim assistance? Victim assistance includes services such as crisis intervention, counseling, emergency transportation to court, temporary housing, and criminal justice support and advocacy. Throughout the nation, there are more than 8,000 organizations that provide these and other services to crime victims. Nearly 3,000 of those organizations receive some VOCA funds. All states, the District of Columbia, the Virgin Islands, Puerto Rico, Guam, American Samoa, and Palau are eligible to receive a VOCA victim assistance grant. Each state/territory, except Palau, currently receives a base amount of $200,000. (Note: The recently enacted Anti-Terrorism and Effective Death Penalty Act of 1996 increases the base amount to $500,000 for each state and $200,000 for each territory beginning in Fiscal year 1997). The remainder of the Fund that is available for VOCA assistance grants is then distributed according to population data. Upon receiving the VOCA grant, each state awards these funds to public and nonprofit organizations to provide services to victims of crime.

Each state has discretion to determine which organizations will receive funding based upon the VOCA victim assistance guidelines and the needs of crime victims within the state. However, VOCA assistance funds can be used only for direct services to crime victims. Services such as offender rehabilitation, criminal justice improvements, and crime prevention activities cannot be supported with VOCA assistance funds.

Examples of how these funds may be used: (1) In Montana, a program that received VOCA funds operates a sexual abuse project which offers therapeutic treatment to preschool victims of sexual assault. Services include initial intake, 12-week therapy, and consultation with local child welfare and District Attorney representatives. Also, the agency offers education and support groups to parents to assist them in responding appropriately to their sexually abused children. (2) A Florida woman's husband hit her in the face, breaking her nose in front of their three children. With no resources of her own, she knew leaving him would not be easy. She called her local domestic violence shelter, which provided housing and counseling for her and the children and helped her obtain a restraining order. (3) On a rural pueblo Indian community in New Mexico, victim assistance and advocacy services are provided by a police-based victim witness program.

Establishment of the Children's Justice Act Grant Program for Native Americans

As the seriousness of child abuse and its consequences was coming to the forefront of our nation's awareness, reports of child sexual abuse and disclosures of multiple-victim child molestation cases on Indian reservations also escalated at an alarming rate. We were brutally brought to the reality that child sexual abuse exists--not just in homes where parents are over stressed, indigent, or themselves abused, but across all income levels and in schools, day care centers, and boy scout troops--those institutions we most trusted with our children's health and happiness.

The handling of child abuse cases in Indian country was exacerbated by geographic isolation and a general lack of victim services. The absence of trained medical and mental health professionals who understood the impact of child sexual abuse often resulted in child victims and their families being left on their own to deal with the emotional consequences of abuse. Procedures for sensitive and thorough pediatric forensic examinations, as well as follow-through with mental health counseling, which is critical to a child's recovery, were frequently nonexistent. Community education was also necessary to ensure that responsibility for the crime was placed on the abuser and not on the child victim or the victim's family.

The revelations of sexual abuse of Indian children on reservations and the problems Indian tribes faced in trying to deal with the abuse became evident. In order to respond more effectively to this situation, OVC proposed that Children Justice Act funds be made available to Indian tribes to establish the same types of multi disciplinary programs that were being provided at the state level. In 1988, the Anti-Drug Abuse Act was signed into law. This legislation amended VOCA and authorized $675,000 of the funds available to the Department of Health and Human Services for state CJA programs be used by OVC to make grants directly to Indian tribes to improve the handling of child abuse cases, particularly child's sexual abuse cases. VOCA has been further amended to increase the annual amount to $1,500,000. OVC established the Children's Justice Act Grant Program for Native Americans (CJA) and made its first awards directly to tribes in 1989. Since 1989, approximately $5,000,000 has been awarded to 40 tribes and tribal organizations through the CJA program.

The CJA program is the only source of federal funding for tribes that focuses on improving the investigation, prosecution, and handling of child abuse cases. Grants are made directly to Indian tribes to address a range of systemic improvements that are directed to increasing the support for Indian child victims and lessening the trauma associated with the investigation and handling of these complex cases. The CJA projects have supported: (1) establishment, expansion, and training for multi disciplinary teams; (2) revisions of tribal codes and procedures to address child sexual abuse; (3) development of protocols for reporting, investigating and prosecuting child sexual abuse cases; (4) specialized training for prosecutors, judges, investigators and other professionals who handle child sexual abuse cases; (5) development of procedures for establishing and managing child-centered interview rooms; and (6) establishment of special prosecution units.

Direct Victim Assistance Services

Victim Assistance in Indian Country Program (VAIC)

The VAIC grant program provides funding to states to establish "on-reservation" victim assistance programs in areas of Indian country where there are no or only limited services for victims. There are 35 programs operating through funding from OVC in the states of Arizona, Colorado, Idaho, Iowa, Kansas, Michigan, Minnesota, Mississippi, Montana, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington, Wisconsin and Wyoming. Services provided through VAIC include: crisis intervention; emergency shelter; mental health counseling; and court advocacy. There is a strong, cooperative working relationship between the federal victim-witness coordinators in U.S. Attorneys' offices and the tribal victim assistance coordinators in Native American communities. Tribal staffs often accompany victims to federal court proceedings and federal victim-witness coordinators regularly provide information on case events to the tribal coordinators. This cooperative relationship allows victims who are isolated and have few means of communication access to current information about their cases.

To date, approximately $5,438,640 has been expended on this program. In FY 1995, nineteen states received approximately $765,245 to make awards directly to Indian tribes to establish victim assistance programs in Native American communities.

Federal Crime Victims Assistance Fund

OVC has established this fund to meet the needs of federal victims of crime when assistance services are otherwise unavailable. Victim Witness Coordinators in the 93 U.S. Attorneys' Office can request access to the fund from OVC to meet the needs when local service resources are unavailable.

Training and Technical Assistance Efforts

Indian Nations Conference

Since 1988, OVC has funded five Indian Nations Conferences. Each conference has brought together victim service providers, law enforcement officials, prosecutors, and health and mental health professions to address issues of victimization in Indian country. The National Indian Justice Center, Inc. (NIJC) will organize and host the sixth conference, which is scheduled to be held in San Diego, California on January 22-25, 1997. The purpose of the conference is to address the needs of tribal communities in providing assistance to innocent victims of crime and handling cases of child physical and sexual abuse.

District Specific Training

In order to respond to federal districts' diverse training needs, OVC has designated funds to support victim assistance training programs for federal and tribal law enforcement officers, prosecutors and victim-witness coordinators. The purpose of this effort is to provide multi disciplinary training that improves the response to crime victims in the participating districts.

Each of the conferences has resulted in improved federal and tribal communication and case handling. For example, the Northern and Eastern Districts of Oklahoma signed Memoranda of Understanding with 23 tribal leaders that define federal, tribal, and state responsibility for investigating reports of child abuse, prosecuting cases and protecting children.

Trainers Bureau

Through the Trainers Bureau, OVC has identified funding to support victim assistance consultants and speakers to travel to federal districts and eligible tribes. OVC is building and maintaining a list of available trainers and consultants with expertise in fields such as crisis intervention, mental health needs of victims, development of tribal codes that address family violence and interviewing child victims. OVC will approve requests for a special trainer or assist eligible tribes to locate expert trainers to address identified needs.

Training and Technical Assistance for CJA and VAIC Grantees

These projects provide comprehensive, skills-building training and technical assistance to Indian tribes and organizations that receive grants through the CJA and VAIC programs. The CJA training efforts focus on a multi disciplinary approach to investigating and prosecuting child sexual abuse cases in a manner that limits the trauma suffered by child victims and to treating and advocating for child sexual abuse victims. The VAIC training efforts provide program materials and technical assistance that are uniquely tailored to the needs of Indian communities. The training is designed to enhance, expand and improve direct services such as crisis intervention, emergency shelters, mental health counseling, and court advocacy.

Victim Assistance Informational Materials
Bitter Earth-Child Sexual Abuse in Indian Country -- A Video

This film is intended for tribal leaders and tribal personnel who work on a daily basis to prevent, investigate, or otherwise handle child sexual abuse at the tribal level. The film defines and gives an overview of child sexual abuse, the harm it causes, the approaches the community can take for handling it, and the available resources, and presents a call-to-action for communities to address this devastating crime. A discussion guide is distributed with the video to appropriate tribal, federal, state and local agencies across Indian country.

B.J. Learns About Federal and Tribal Court -- A Video

This culturally sensitive film is designed to meet the special needs of Native American child victims who are required to testify in either tribal or federal court. It answers questions frequently asked about the courtroom, courtroom procedures and the people who participate in court proceedings. Approximately 1,500 films and instructors' guides have been distributed to appropriate tribal, federal, state and local agencies across the country.

Financial Assistance for Crime Victims -- A Video

Through funding supplied by OVC, the National Association of Crime Victim Compensation Boards produced a 16-minute video that explains crime victim compensation programs and provides guidance to tribal communities on accessing compensation resources.

Resource Packages for Children Required to Testify in Federal Court

Through funding from OVC, the Medical University of South Carolina's National Crime Victims Research and Treatment Center will produce material that will assist child victims and witnesses of federal crimes. The project will develop and print four separate camera-ready booklets as part of a child victim assistance resource package for distribution to federal criminal justice personnel. The package will be used to help alleviate the trauma commonly experienced by children required to testify in federal court and to improve the response of federal and tribal criminal justice personnel to the rights and needs of such children. The four camera-ready products will be distributed to each United States Attorney's Office for use by the federal victim-witness coordinator.

Conclusion

OVC continues to expand its efforts to offer practical solutions for judges, law enforcement, social services, medical and health professionals, victim advocates and others in working with crime victims. In fiscal year 1995, OVC convened a focus group to discuss crime victims' issues relevant to Native American communities. In response to concerns expressed at the focus group meeting, OVC initiated several new approaches to enhance victim assistance services in Indian country, including:

increasing the number of CJA-funded projects;
increasing the total dollar amount allocated to the VAIC program;
initiating a program to develop topic-specific articles on issues relevant to child abuse and neglect, family violence, and child victimization in Indian country;
developing a tribal judges project in which intensive training and program manuals on "the adjudication of child sexual abuse cases occurring in Indian country" will be provided to regional tribal and federal judges;
developing scholarship funding for tribal judges and other court personnel to attend training in child abuse and family violence issues;
supporting training and technical assistance for the establishment of children's advocacy centers in Indian country;
supporting the development of Court Appointed Special Advocates in Indian country; and
increasing funding for the Indian Nations Conference to allow more scholarships for attendance by those who otherwise could not attend.

OVC's experience over the past seven years has shown that a strong tribal approach to the handling of child victimization cases is crucial to providing victims with an opportunity to heal. Coordination with federal and state systems is also critical in providing a meaningful response to the needs of victims. OVC will continue to support tribal communities in their efforts to ensure healing for those who have been exposed to violence, and we challenge Indian communities to coordinate and implement responses that best meet the needs of their children and families.

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This document was last updated on May 23, 2008