Tribe battles high domestic violence rate

By Kathy Helms
Diné Bureau

FORT DEFIANCE — There were 9,520 incidents of domestic violence reported to Navajo Nation Department of Law Enforcement in 2003. The good news is that number declined from the 11,086 incidents reported in 2002. These figures by no means represent the total number of cases on the reservation, because many incidents go unreported.

To combat this trend, the Navajo Nation is preparing to enact legislation to protect Navajo families who are victims of harassment or violence by other family members, according to Vice President Frank Dayish Jr.

During a meeting March 11 at Sky City Casino, Dayish spoke to approximately 300 law enforcement officers, tribal judges, New Mexico officials and council members from several tribes about the Navajo Violence Against Families Act, which is ready for consideration by the Navajo Nation Council.

The proposed law would require mandatory arrest for peace officers and elected tribal officials suspected of committing a crime of family violence; provide a broad definition of "family," to include someone a person is dating or has dated; address such offenses as stalking, harassment, sexual assault, unlawful imprisonment, aggravated assault, battery, aggravated battery, burglary, and threatening or custodial interference.

According to the proposed law, first-time offenders could be sentenced to 180 days in jail or a fine ranging from $250 to $500, depending on the offense. Repeat offenders could be sentenced to 180 days and ordered to pay from $500 to $1,500 or both.

John Billison, supervisor for the Victim Assistance Program for Navajo Department of Public Safety's Criminal Investigations Division, said during a December meeting before the Public Safety Committee that his office is seeking grant money from the U.S. Department of Justice Office on Violence Against Women Rural Domestic Violence and Child Victimization Enforcement Grant Program for operating funds and to pay for additional victim advocates.

"If we structure the grant competitively enough, we will be awarded five years and it will be issued up to the amount of $500,000, an increment every year, so we'll get at least a 10 percent draw every year," Billison told the committee.

"In the past, the program has had a little trouble with some of their grants under different leadership," he said. "The program was barred from submitting (for grant money) for two years under the Arizona Criminal Justice Commission."

Billison said he would be submitting a grant application for the first time since the sanction was levied and hopes to get funding for victim advocates for Kayenta, Dilkon and Chinle districts through that program.

The Victim Assistance Program has a staff of three who have been covering reported incidences of domestic violence within the boundaries of the Navajo Nation. "The difficult thing with our program is that we're the only agency that is present between the hours of 8 a.m.-5 p.m. Monday through Friday, and then on Saturdays and Sundays, on call for traffic."

To address the shortfall in funding, Billison said his program has had to limit its responses to victims of violent crimes.

"We have other victim advocacy programs that are popping up here and there, and we've met with them to try to offset our workload during the hours of 8 to 5, since they're not present after 5 p.m., and it's difficult," he said.

Vice President Dayish said that while the Navajo Nation Council has not prioritized the family violence legislation, the Shirley/Dayish Administration plans to work with members of the council's Public Safety, Health and Social Services and Judiciary committees to see that it becomes law.

"This act is an absolute first step necessary to stop sexual assault within the Navajo Nation," Dayish said.

According to U.S. Department of Justice, there are an estimated 40 sexual assaults per hour, 960 per day, and 350,000 per year reported in the United States. More Native women 89 percent are victims of sexual assault than any other ethnic group.

However, tackling such problems on the Navajo Nation is extremely difficult due to its geographical size and the small number of police officers available to deal with such crimes.

"Tribal law enforcement is often stretched," Dayish said. "Officers many not be available to take victims' statements or respond to an incident in a timely manner. Victims can feel re-victimized by law enforcement if inappropriate or aggressive mannerisms are used," he said.

Dayish said the IHS Northern Navajo Medical Center has developed a Sexual Assault Nurse Examiner program to provide medical exams to victims. Also, advocates from the Home for Women and Children in Shiprock, as well as the medical center, have been trained to provide advocacy services.

"The goal of this is to develop an advocacy center that not only includes an exam and interview process but assists victims in the legal process and counseling," Dayish said. "Both emphasize the Western approach and the traditional Navajo healing process.

"Sexual assault is an attack on the body, mind and spirit," he said. "There's an overwhelming need for change and community involvement."