A demonstrator stands outside the Wisconsin State Capitol in Madison, Wisc., in 2022 to commemorate missing and murdered Indigenous women and girls. Researchers have launched a new survey to determine the prevalence of brain injuries in Native survivors of sexual assault and domestic violence. (Photo by Stacy Revere/Getty Images)

Abigail Echo-Hawk, director of the Urban Indian Health Institute, recalled a Native mother in her 30s who started having memory loss and other dementia-like symptoms.

The woman had suffered multiple blows to her head and falls at the hands of her husband over the years. He had wanted to disable her, to make it more difficult for her to keep her children if she tried to leave him, Echo-Hawk said.

Many Native women have traumatic brain injury symptoms as a direct result of abuse, Echo-Hawk said. Tribal health advocates and groups serving survivors have long been aware of the problem, she said, but there has been little national research documenting the extent of it.

“It’s a very difficult thing to see,” said Echo-Hawk, of the Pawnee Nation of Oklahoma. “This is a pressing concern.”

The Urban Indian Health Institute, an Indigenous health research group, this month launched a first-of-its-kind national survey of American Indian, Alaska Native and Native Hawaiian women to determine the prevalence of brain injuries in Native survivors of sexual assault and domestic violence. The goal is to illuminate the extent of the problem, guide clinicians, raise public awareness and direct resources.

A 2015 study in Arizona found a higher incidence of traumatic brain injuries in Native women in that state, but the new survey is the first national, Indigenous-led study of its kind, according to the institute.

It comes as domestic violence groups across the nation are struggling with federal funding delays caused by the government shutdown. As the impasse continues, the Trump administration has furloughed grant workers at the Office on Violence Against Women, which is part of the U.S. Department of Justice.

Traumatic brain injuries can cause memory loss, confusion and long-term behavioral changes and raise the risk of dementia. Some abusers intentionally inflict traumatic brain injuries on their victims because it doesn’t leave visible bruises, according to the Brain Injury Association of America.

The link between domestic violence and traumatic brain injuries has been documented in women generally, and the effects of such injuries have been studied in former football players and veterans. But research on Native communities is lacking. Even when victims show up in ERs, their cases can go underreported.

In a previous survey of survivors, some Native women reported broken teeth, evidence of blows to the head, Echo-Hawk said. But pushing and strangulation also can cause traumatic brain injuries.

Violence is a public health crisis among American Indian, Alaska Native and Native Hawaiian women, who are overrepresented in intimate partner violence statistics. Fifty-five percent report experiencing intimate partner violence, and a disproportionate number of Native women and girls are murdered or go missing.

In a 2020 survey by the federal Centers for Disease Control and Prevention, nearly 44% of American Indian and Alaska Native women reported being raped in their lifetime.

“People are losing their children because of memory loss and dementia,” Echo-Hawk said. “When people are experiencing intimate partner violence, they end up in ERs. Their children suffer. The whole community suffers as a direct result. And the same with the crisis of missing and murdered Indigenous women and girls.”

Doctors and other hospital staff should receive more training on brain injuries and should know which communities are most likely to experience violence, said Nikki Cristobal, policy and research specialist for Pouhana ʻO Nā Wāhine, a nonprofit domestic violence resource center for Native Hawaiians.

Cristobal said one survivor told her clinicians hadn’t performed a brain scan or traumatic brain injury assessment on her, despite her ongoing psychological and cognitive symptoms. “It never occurred to anybody,” she said.

“We have to talk more about it,” said Cristobal, who worked with Echo-Hawk on developing the survey and is the principal investigator for the Missing and Murdered Native Hawaiian Women, Girls and Mahu state task force.

Native communities, including Native Hawaiians, have endured long-term, intergenerational traumas during colonization and forced assimilation that can’t be ignored when targeting the disproportionate rates of violence, Cristobal said.

“It’s the undercurrent,” Cristobal said. “It’s the precursor.”

Stateline reporter Nada Hassanein can be reached at nhassanein@stateline.org.

A bill introduced on Monday would grant Devil's Lake State Park the rights to "flourish, evolve, and be clean." (Photo by Henry Redman/Wisconsin Examiner)

To celebrate Indigenous People’s Day, Democrats in the Wisconsin Assembly announced a package of bills Monday that would grant rights to Devil’s Lake State Park and reinstitute a law that effectively banned mining. 

The proposal to grant “rights of nature” to Wisconsin’s most popular state park comes just months after a group of Republicans introduced legislation that would prevent local governments in the state from enacting similar legislation. The Milwaukee County Board passed a rights of nature resolution promising to protect the Menominee, Milwaukee and Fox rivers and Lake Michigan. The Green Bay city council is also currently working on a rights of nature resolution. 

Under the bill, Devil’s Lake has the right to “flourish, evolve, and be clean.” The bill gives the state attorney general the authority to enforce the law against people who infringe on the park’s rights and allows anyone to sue or intervene in a lawsuit in the name of the park to enforce the park’s rights. Anyone who infringes on the park’s rights by damaging the environment will be liable to pay damages to restore the park to its previous state. 

In addition to the Devil’s Lake bill, the package includes a joint resolution acknowledging that “nature has inherent rights” and the state of Wisconsin “has a duty to uphold those rights as part of its enduring conservation legacy and its responsibility to future generations.” 

The resolution also states that the Legislature won’t pass laws preventing local rights of nature ordinances.

The Republican bill preempting local rights of nature efforts is “anti-free speech, it’s anti-democratic,” Rep. Vincent Miresse (D-Stevens Point), one of the bills’ co-authors, told the Wisconsin Examiner. “Whereas our bill is, ‘Hey, let’s get this on the docket and actually have a productive conversation, actually bring in stakeholders about what it means to look at nature actually having rights.’”

Miresse said the more symbolic measures passed by local governments are important statements of values, but he wanted the bill to have “teeth.” 

“I would like to move beyond mission and vision statements. I think those are great for guiding principles and taking us in the right direction and keeping our mission and vision top of mind when we are creating and drafting policy at the local level. And I want to make sure they have a right to do that regardless of what the preemption bill would do,” Miresse said. “However, when we were looking at this in terms of crafting policy and changing statute, there would be some teeth here.”

Miresse said the bill is targeted only at Devil’s Lake, rather than all the bodies of water in Wisconsin, because it was simplest to start with a piece of nature that has defined political boundaries already under the state’s control. 

In their preemption bill, Republicans Rep. Joy Goeben (R-Hobart) and Sen. Steve Nass (R-Whitewater) argued that laws granting rights to nature posed a “dangerous shift in legal precedent” that would result in “threatening property rights, stalling development, and burdening the judicial system.”

Democrats counter that granting legal rights to a park or a body of water isn’t much different than granting First Amendment rights to a corporation — which Republicans successfully argued for in court cases such as Citizens United. 

Also announced Monday is a proposal to reinstate Wisconsin’s “prove it first” mining law, which requires that in order to obtain a permit from the Department of Natural Resources, mining companies must prove the mine can be operated for 10 years and be shuttered for 10 years without harmful effects on the local environment. The law was enacted in 1997 until Republicans repealed it in 2017. U.S. Rep. Tom Tiffany, a Republican gubernatorial candidate, authored the bill to repeal the mining ban when he was in the state Senate. 

This year, a Canadian company has begun exploratory drilling projects in the state, potentially leading to the first operating mines in Wisconsin for the first time in decades. 

Miresse said he wants decisions about mining to consider local environmental health rather than just being about “dollars and cents.”