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Tribal Legal Code Resource: Sexual Assault and Stalking Laws - Guide for Drafting or Revising Tribal Laws Against Sexual Assault and Stalking

NCJ Number
Date Published
April 2017
180 pages
This resource guide was developed to provide a starting point for drafting or revising tribal criminal law on sexual assault and stalking that reflects tribal values and considers how State and/or Federal laws might apply in a tribal community.
The first chapter provides information and guidance on how to use this resource material in the review of tribal laws relating to sexual assault and stalking. Suggestions are provided on organizing a team to review and revise tribal laws on sexual assault and stalking. The second chapter provides information on rapists and common problems with tribal sexual assault laws, which often reflect older Western criminal laws. The third chapter provides an overview of criminal jurisdiction in Indian country and discusses key Federal laws that relate to sexual assault and stalking. Both concurrent Federal and concurrent State jurisdiction are discussed. This chapter also provides examples of tribal codes, commentary, and exercises and questions designed to guide considerations by the code development team. The guide notes that the development of a statutory response to child sexual abuse cases is beyond the scope of this resource guide and requires separate statutory attention.