What is wrong with sovereign immunity

In America - if a child were to be sexually assaulted in a day care center, the day care would be shut down (for more than a week or two) and the employees held to account along with the owners. The victim and family would have their day in court. But in a dictatorial regime where they build Indian casinos sovereign immunity protects all the guilty parties. It may get to court but all the tribe does is send in their attorney - he tells the judge 'no jurisdiction' and its over. The attorney for the victim's family in the story below from the AP says ""The family's main concern right now is to make sure this doesn't happen to another kid." Good luck with that.


Child Accused of Sex Assault of Boy, 3
By PATRICK CONDON – Jan 31, 2008

MINNEAPOLIS (AP) — An American Indian tribe has closed the child-care centers at its two casinos while authorities investigate a reported sexual assault by a child against a 3-year-old boy.

Tribal authorities said the suspect is a boy between 8 and 10 years old but wouldn't identify him further or discuss whether he was in custody. The police report will remain confidential at least until the investigation is finished, tribal police Sgt. Justin Churchill said.

The 3-year-old was attacked Jan. 23 inside a crawling tube in a play area at Grand Casino Mille Lacs, in the central Minnesota town of Onamia, run by the Mille Lacs Band of Ojibwe.

A worker noticed bruises on the boy and had his parent paged in the casino, tribal attorney Tadd Johnson said. The next day, the parent noticed more bruising and took the boy to a doctor, who concluded a sexual assault may have happened.

Johnson said that the suspect was identified from surveillance video, but that the tube obscured footage of the actual assault.

Criminal charges against the older boy won't be possible under state law if he is younger than 10, said Mille Lacs County prosecutor Jan Kolb, whose office would handle any resulting criminal case. She said she hadn't yet reviewed the case for possible charges.

She and Johnson said that if the older boy isn't charged, a social services agency could intervene to investigate his family situation.

The Kids Quest child-care center at that casino and the tribe's other casino in nearby Hinckley will remain closed at least until the investigation ends, Johnson said.

"We're doing everything we can to get a quick and accurate resolution to the case," he said.

Both of the casinos' child-care centers are operated by New Horizon Academy, a Twin Cities company that leases space from casinos in 11 states and runs freestanding day-care centers.

In a written statement, New Horizon said employees failed to follow its "comprehensive" procedures to keep children safe.

"We deeply regret the actions of these employees," spokeswoman Beth LaBreche said in the statement. Company officials declined Thursday to answer questions about the assault or the status of the employees being accused of not following procedures.

Richard Ruohonen, an attorney for the victim's family, said the younger boy had bruises and scratches on his face, arm and back. The attorney said it was unbelievable such an assault wasn't stopped.

"The family's main concern right now is to make sure this doesn't happen to another kid," he said.