The following is taken from Turtle Island News. The court's finding can conceivably be used to protect NDN Treaty signers from the abuse of culture by "bad" man among non NDNs. Interesting implications if used against New Age stupidity and abusive non NDN predators.
Oglala Sioux teen was sexually assaulted by recruiter
Postby admin ยป Fri Jan 08, 2010 6:03 pm
There is justice after all!
Turtle Island Native Network is reporting on a landmark court decision in which Lavetta Elk has won her lawsuit against the United States!
January 7, 2010
In 2002, she was living on the Pine Ridge Indian Reservation in Wounded Knee, South Dakota, and
was recruited to join the U.S. Army by Sergeant Joseph P. Kopf, a staff sergeant within the
United States Army Recruiting Command stationed in Rapid City, South Dakota.
Lavetta was evaluated and admitted into the U.S. Army
Lavetta explained that on January 7, 2003 Sergeant Kopf made an unannounced visit to her home, and told her father, Emerson Elk, that she needed to travel to Sioux Falls to resubmit her height and weight evaluation, claiming that the original evaluation had been lost.
Ms. Elk accompanied Sergeant Kopf in his car to go to the supposed evaluation.
Sergeant Kopf instead drove Ms. Elk to an isolated area and then sexually assaulted her.
Article I clause of the Sioux Treaty of April 29, 1868, provides that if 'bad men' among the whites commit 'any wrong' upon the person or property of any Sioux,
the United States will reimburse the injured person for the loss sustained.
Lavetta had originally filed suit for $100 Million
Her lawyers announced a landmark settlement this week of $650,000.
Read the ruling by the Court of Federal Claims, that for the first time a Native American
may rely on the Treaty to recover "pain and suffering" damages against the United States. . .
http://www.sexabuseattorneys.com/pdf/elk.pdf
