NCJ Number
106282
Date Published
1987
Length
39 pages
Annotation
Testimony considers H.R. 3826, a bill that would make felonious sexual molestation of a minor an offense in Indian jurisdictions.
Abstract
Under current Federal law, offenders can be prosecuted only for forcible intercourse, sodomy, incest, or statutory rape. The bill would permit prosecution of other forms of sexual abuse of Indian children that currently can only be tried by tribal courts and have a maximum sanction of 6 months' imprisonment and a $500 fine. In general, statements note the increase of sexual molestation of Indian children and the inadequacy of available sanctions. The legislation is supported by the U.S. Department of Justice; the Navajo Nation; the American Indian Law Center; and the Association on American Indian Affairs, Inc. It is felt that the legislation will extend to Indian children protection already held by other American children. Some reservations are expressed in relation to the uniformity of punishment, concurrent Federal and Indian jurisdiction, and the proposed extension of sanctions.