sexual assault

CSG Midwest
As she’s worked on policies to improve how her state handles sexual assault investigations and helps victims, Nebraska Sen. Kate Bolz has talked to advocacy groups and consulted with experts. But she also has in her mind a constituent, a survivor who approached her after a town-hall meeting.
“She was so young and had been so hurt by her circumstance,” Bolz says, “and she talked about the kind of support and information she needed.”
“Over the past couple of years,” she adds, “we’ve heard a lot from survivors.”
The same likely can be said for legislators across the Midwest, as evidenced by statistics on the prevalence of sexual assault and the burst of activity in state capitols. According to RAINN, the nation’s largest anti-sexual violence organization, someone is sexually assaulted in the United States every 98 seconds. And more than 20 percent of women report having been a victim of rape (either attempted or completed) during their lifetimes, federal data show.
States have explored various ways to improve their policies around sexual assault, and the result has been several new laws that aim to help victims and improve investigations of the crime, particularly through a better handling of sexual assault kits. Here is a look at some of the strategies being proposed and implemented in the Midwest.

May nonmembers of Indian tribes (including state and local governments) be sued in tribal court (as opposed to state or federal court) for tort (civil wrongdoing) claims?

In Dollar General Corporation v. Mississippi Band of Choctaw Indians John Doe, a thirteen-year-old tribe member, alleges that his supervisor sexually molested him while he was working as part of a job training program at a Dollar General located on a reservation. Doe sued Dollar General in tribal court alleging a variety of torts including negligent hiring, training, and supervision.

In Montana v. United States (1981) the Court held that generally nonmembers may not be sued in tribal court except that “tribe[s] may regulate, through taxation, licensing, or other means, the activities of nonmembers who enter consensual relationships with the tribe or its members through commercial dealing.”  The question in this case is whether “other means” includes suing nonmembers for civil tort claims in tribal court.