Barriers to Reporting & Police Relations within the Indigenous Community 

For Indigenous communities, the rates of sexual violence are alarmingly high compared to the general population.^{1, 2} A majority of these crimes are committed by individuals outside of Indigenous communities, compounding the historical and systemic challenges faced by Indigenous people.² Despite the gravity of these crimes, barriers to reporting and strained relations with law enforcement often prevent survivors from seeking justice or support.³ Understanding these barriers is critical to create trust and provide solutions that increase safety and justice for Indigenous people.

Historical Context of Mistrust

The violence faced by Indigenous communities often stems from centuries of colonization, displacement, and forced assimilation. The violence faced by Indigenous communities often Colonization was not just the physical occupation of Indigenous lands but also a deliberate strategy to destroy Indigenous societies and suppress their ways of life. Colonizers sought to label Indigenous peoples as “savage” or “uncivilized,” framing their cultural practices and social structures as inferior and in need of eradication. This dehumanizing rhetoric justified violent land theft, resource exploitation, and policies aimed at the destruction of Indigenous people.

The impacts of colonization extend beyond historical trauma and continue to affect Indigenous mental health today.⁴ Suicide rates among Indigenous populations, particularly Native men, are alarmingly high. Substance abuse, stemming from the generational trauma inflicted by colonization, contributes to these rates. In small tribal communities, the experience of witnessing suicide increases PTSD, which in turn heightens the risk of suicide among survivors. This phenomenon is not contagious but rather a response to sustained trauma in populations that have been historically marginalized and systematically oppressed.⁴

Forced assimilation was utilized as a tool for the erasure of Indigenous people. Christian missionary efforts and government policies focused on assimilation of Indigenous people into their way of life. Indigenous languages were systematically targeted, children were forcibly removed from their families and placed in schools, where they were prohibited from speaking their native languages or practicing their traditions. This cultural genocide left lasting scars on Indigenous communities, contributing to cycles of trauma and disconnection that persist today.

The fight for Indigenous sovereignty remains central to addressing these current and historical injustices. Sovereignty embodies the inherent right of Indigenous nations to govern themselves, control their lands, and protect their people. This includes the ability to exercise jurisdiction over crimes committed within their communities. The Violence Against Women Act (VAWA) recognizes this principle through its provision of “special tribal criminal jurisdiction,” allowing tribal courts to prosecute non-Native perpetrators of domestic violence and sexual assault within their territories.⁴ However, significant barriers remain, including limited resources, jurisdictional complexities, and resistance from state and federal entities. In 2022, this special tribal criminal jurisdiction was expanded, reinforcing the importance of self-governance in addressing violence against Indigenous people. 

The relationship between Indigenous communities and law enforcement has been shaped by a history of systemic oppression, colonial policies, and discriminatory practices.^3-6 From the forced removal of Indigenous children through residential schools to over-policing and disproportionate incarceration rates, law enforcement institutions have often been perceived as enforcers of harm rather than protectors. This historical context contributes to deep mistrust of police, making it less likely for Indigenous victim-survivors of sexual violence to report their experiences.⁶

Social & Economic Factors 

Indigenous communities are disproportionately affected by poverty, unemployment, and lack of access to healthcare and education. These conditions can create environments where violence, including domestic violence, substance abuse, and mental health issues, are more prevalent. ⁷

Barriers to Reporting Sexual Violence ^{8, 9}

1. Fear of Discrimination and Racism. Indigenous people frequently face racial bias and stereotyping when interacting with police. Survivors may fear being not believed, blamed, or not taken seriously, leading them to avoid reporting altogether.
2. Lack of Cultural Competence. Many law enforcement agencies lack adequate training in cultural awareness and sensitivity. Without understanding the unique cultural and historical contexts of Indigenous communities, police responses can inadvertently perpetuate harm.
3. Geographical and Logistical Challenges. Many Indigenous communities are located in remote areas with limited access to police services. Victim-survivors may face significant logistical challenges, including long travel distances, to reach law enforcement, medical support and other services.
4. Shame and Stigma. Cultural and community dynamics can highten feelings of shame and stigma for survivors of sexual violence. Fear of being judged or isolated within their community may deter people from coming forward.
5. Lack of Trust in the Justice System. Even when cases are reported, the justice system often fails Indigenous survivors. Low conviction rates for sexual violence, lengthy legal processes, and experiences of secondary victimization discourage victim-survivors from seeking legal recourse.

Impact on Police Relations

These barriers contribute to a cycle of mistrust and underreporting.³ When survivors do not feel safe or supported in reporting, law enforcement misses opportunities to build relationships with Indigenous communities. This lack of engagement perpetuates negative perceptions of police, making it even harder to address future crimes or foster collaboration.

Steps Toward Solutions

To improve reporting rates and police relations with Indigenous communities, systemic changes and targeted interventions are essential.^9-11

1. Cultural Competency Training Law enforcement personnel should receive training on Indigenous history, culture, and trauma-informed practices to ensure respectful and effective interactions.
2. Community-Based Policing Establishing community liaisons or Indigenous-led policing initiatives can bridge the gap between law enforcement and Indigenous populations, fostering trust and collaboration.
3. Accessible Reporting Mechanisms Creating alternative, culturally safe reporting channels, such as Indigenous-run support centers, can help survivors come forward without fear.
4. Improved Legal Protections Strengthening legal frameworks to address sexual violence, ensuring timely investigations, and holding perpetrators accountable are critical steps to restoring faith in the justice system.
5. Investing in Support Services Expanding access to culturally relevant counseling, advocacy, and legal support for Indigenous survivors can address both the immediate and long-term impacts of sexual violence.
6. Healing and Cultural Revival. Promoting cultural revitalization and healing from historical trauma can help restore Indigenous identities and provide tools to combat violence. Programs are focused on reconnecting with traditions, languages, and spiritual practices are central to healing.
7. Community-Led Solutions. Empowering Indigenous communities to develop and lead their own solutions is crucial. Many Indigenous communities have created their own policing systems, social services, and healing programs tailored to their unique needs.
8. Government Accountability. The government needs to recognize the legacy of colonialism and the ongoing impacts it has on Indigenous communities. Accountability, justice for historical wrongs, and the implementation of policies that respect Indigenous sovereignty are essential for reducing violence.

Conclusion

The high rates of sexual violence against Indigenous people and the barriers to reporting reflect systemic failures that must be addressed with urgency and sensitivity. Building trust between law enforcement and Indigenous communities requires acknowledging historical harms, implementing systemic reforms, and centering the voices of Indigenous people in the process. Only through a commitment to justice, equity, and cultural respect can we create a safer environment for Indigenous communities.

Sources

1. “Victims of Sexual Violence: Statistics | RAINN.” Rainn.org, 2018, rainn.org/statistics/victims-sexual-violence?_ga=2.261521294.2092261053.1737392413-293773654.1737392413. 
2. “Barriers to Reporting in Indigenous Communities | RAINN.” Rainn.org, 2019, rainn.org/news/barriers-reporting-indigenous-communities.
3. Burnette, C. E., & Sanders, S. (2014). Trust Development in Research with Indigenous Communities in the United States. Qualitative Report, 19(22).
4. Smallwood, R., Woods, C., Power, T., & Usher, K. (2021). Understanding the impact of historical trauma due to colonization on the health and well-being of indigenous young peoples: a systematic scoping review. Journal of Transcultural Nursing, 32(1), 59-68.
5. Sacco, L. N. (2019). The violence against women act (VAWA): historical overview, funding, and reauthorization (Vol. 42). Congressional Research Service.
6. Cunneen, C., & Tauri, J. (2018). Violence and Indigenous communities. In The Routledge international handbook of violence studies (pp. 350-361). Routledge.
7. Nettleton, C., Napolitano, D., & Stephens, C. (2007). An overview of current knowledge of the social determinants of Indigenous health.
8. McKinley, C. E., & Knipp, H. (2022). “You Can Get Away with Anything Here… No Justice at All”—Sexual Violence Against US Indigenous Females and Its Consequences. Gender issues, 39(3), 291-319.
9. Cox, L. (2007). Fear, trust and Aborigines: The historical experience of state institutions and current encounters in the health system. Health and History, 9(2), 70-92.
10. Carlson, B., & Frazer, R. (2019). The politics of (dis) trust in Indigenous help-seeking. In Questioning Indigenous-settler relations: Interdisciplinary perspectives (pp. 87-106). Singapore: Springer Singapore.
11. Wendt, D. C., & Gone, J. P. (2012). Rethinking cultural competence: Insights from indigenous community treatment settings. Transcultural Psychiatry, 49(2), 206-222.