On August 15th, 2017, Justin Schneider, a 34-year-old man living in Anchorage, Alaska, kidnapped a Native American woman, choked her until she passed out, and then masturbated onto her unconscious body. Β On September 22nd, 2018, the court decided that this was a crime for which he would receive no punishment.
This was, of course, unbelievable to many and as this story gained traction, many hoped that details would come out to explain this seemingly horrifying lapse in justice. Instead, those were furious on behalf of the unnamed woman were only angered further. As discussed in the trial, Schneider picked up the woman in question in his truck to give her a ride, and asked her to step out of the vehicle later on, which is when he choked her while spewing threats. After she passed out, he ejaculated onto her face and drove off. Thankfully, she woke up in time to record his license plate number, which she subsequently reported to the police.
Due to the clear evidence of criminal conduct and identifying information provided to the police, Schneider was arrested and charged with various counts of felony assault, harassment, and kidnapping. When the time came for him to appear in court, he pled guilty to all crimes, which to any reasonable onlooker, should have resulted in many, many years behind bars. However, when all was said and done, Justin Schneider walked out of the courtroom with no sentence. No jail time, no sex offender registry, nothing preventing him from returning to the home he shares with his wife and two children.
Cosmopolitan
He had been given, in the words of prosecutor Andrew Grannik, βone pass.β He received credit for time he had previously served under house arrest, and in the eyes of Judge Michael Corey, this was a reasonable enough outcome for someone who had kidnapped and sexually assaulted a woman. (He also lost his job, which Grannik referred to as a βlife sentence,β apparently forgetting that loss of employment and multiple decades in a jail cell are nowhere near equivalent). Though this sentence, or lack thereof, incited national outrage, the extent of consequence to anyone involved is a Facebook page dedicated to voting Judge Corey out of office. The outcome is outright horrifying and enough to make any sane onlooker question the legitimacy of our court system; however, for Native American women, this is sadly not an unfamiliar story.
The sad lack of justice for the victim alludes to the reality that Native American women are 2.5 times more likely than any other woman in the United States to experience sexual assault. And in almost 90% of these cases, the offenders are not Native American themselves. Seemingly, these women are being taken advantage of to an alarming degree by those who do not expect them to successfully pursue justice β an expectation that is, unfortunately, reasonable.
An overly complex relationship between tribal, state, and federal governments results in a stalled and convoluted process for women seeking to prosecute their abusers. In fact, in 67% of cases, U.S. Attorneys decline to prosecute, likely for this very reason. The reality of a chronically underfunded tribal police force, restrictive and non-encompassing laws, confusing jurisdiction, and general lack of concern have created a chronic and destructive problem that has no clear solution.
NCAI Policy Research Center
Just as there is no simple, overarching legislation that can be implemented as a remedy, there is no justice for the victim of Justin Schneider. Despite her bravery in coming forward, he will continue to live as a free man. Justice can only be served by his outlaw from decent society in hopes that he will never have the confidence or opportunity to commit such a heinous act again.
To the victim of this monster, and to the Native American women who have also been victims of a failed justice system β we must do better.