Jurisdiction

Tribal Courts have personal jurisdiction over any perpetrator who has:

• Minimum contacts with the tribe (e.g. committed an act of sexual violence on tribal lands, is present on tribal lands, is doing business on tribal lands, etc.) or

• Who has consented to the jurisdiction of the court or

• Who has waived any objections to the exercise of personal jurisdiction in the matter by voluntarily appearing before the tribal court or

• Filed a motion, response, answer, or pleading in tribal court.

Tribal Courts have subject matter jurisdiction over cases where:

• The conduct in question (sexual violence) occurred within the territorial jurisdiction of the tribal court and

• The defendant:

  (a) Is a member of or eligible for membership with that tribe or
  (b) Is a member of another tribe or a is a non-Indian and

• The defendant has entered into a consensual relationship with the Tribe or its members through commercial dealing, contracts, leases or “other arrangements” (e.g. is married to a tribal member, has a child in common with a tribal member, is employed by the tribe, etc.) or

• The conduct (sexual violence) threatens or has some direct effect on the political integrity, the economic security, or the health or welfare of the Tribe.