Less than three percent of rape and sexual assault cases in our military result in punishment.
The vast majority of service members who sexually assault other service members end up going free, in fact, the victims, not the perpetrators often end up being punished after they report the assault or rape. This is no small matter -- the Department of Defense estimates that more than 19,000 sexual assaults and rapes occurred last year. Only 13.5 percent of these attacks were reported since victims did not trust the military's chain of command-driven justice system.
Over the last few months I have made 11 statements on the House floor, each telling how a victim was violently raped while the perpetrator went unpunished. One of these survivors, Terri, was violently raped, tortured and left to die by a superior who was as never reprimanded. Terri has launched a petition demanding that Congress create a new method for reporting sexual assaults and rape in the military. Tragically, there are thousands of stories like Terri's that speak to a system without justice.
Last week, a Ft. Bliss Army Commander was convicted on 14 counts that include sexual harassment and assault. The military court sentenced him to only 90 days in jail, a fine and a reprimand. He will be allowed to retire with full rank and benefits and he will not be required to register on his state's sex offender registry. The military court's punishment for a serial sex offender in no way fits the crime.
The epidemic of sexual assault in the military is a problem we can fix -- we only have to want to. Our troops protect us and it is our duty to protect them.
Today, I am introducing new legislation to fundamentally change how sexual assault is handled in the U.S. military. And a new organization, Protect Our Defenders, is launching a website to give voice, and ultimately justice, to the survivors of rape and sexual assault and to help remove this stain from our armed services.
The legislation takes the reporting, oversight, investigation, and care for sexual assault victims out of the hands of the normal chain of command and places jurisdiction in the hands of a newly created autonomous "Sexual Assault Oversight and Response Office" comprised of civilian and military experts. The legislation also creates a sexual assault database within DoD that will be required to share information with the Department of Justice civilian sexual offender database.
Rape is a violent crime, a felony and must be treated as such, whether on a city street, a college campus or a military installation. Both Republican and Democrats can agree we need to fix the system.
Please sign Terri's petition demanding our representatives in Washington create a new method for reporting sexual assault in the military.
You can join Protect Our Defenders on Facebook and follow Protect Our Defenders on Twitter.
Follow Rep. Jackie Speier on Twitter: www.twitter.com/repspeier
It is not meant to protect the government from lawsuits where there was criminal negligence. In the Cioca v. Rumsfeld complaint there was willful and reckless behavior by individual(s) and the military. The complainant complaint, clearly demonstrates that commander(s) willfully committed perjury, and obstruction of justices, when criminal activities took placed under their command.
http://www.courthousenews.com/2011/02/17/MilRape.pdf
When this case goes to trial the defendant(s) will be found guilty, and felony charges need to be brought against all those that were involved in concealing criminal activities.
Criminal negligence is --- careless, inattentive, neglectful, willfully blind, or in the case of gross negligence what would have been reckless in any other defendant.
Negligence -- is a failure to exercise the care that a "reasonably prudent person" would exercise in like circumstances.
Here are more things to know:
1) Rape affects MEN in the military too--and these victims may have less recourse than female victims do.
2) Certain training methods can act as a catalyst for sexual assault (reference cited in my blog).
3) The unofficial penalty for reporting a rape can be as severe as the penalty for the attacker.
4) Women also under-report assault just because of the comments from dinosaurs like devildog.
5) Assault happens when sub-groups are marginalized; not seen as valuable as other sub-groups.
6) Combat commanders are requesting CSTs and other women forces. As these groups become more valuable, assault charges will be taken more seriously.
7) It is possible for a woman to have a military career and never be sexually harassed or assaulted -- and even, I'm proud to say, discharge an officer who did harass lower-ranking women. Because the legal system is so protective of the accused, it took two years to get his discharge approved.
Conclusion: I agree with Fightthapower, but I also want Americans to know that most servicewomen are not assaulted--and some servicemen are assaulted.
"All that is necessary for the triumph of evil is that good men do nothing." (Edmund Burke)
Good Luck…
So, as a defense, you call it sexual assault....
If you dislike your boss, OR want to protect yourself after doing something illegal all one has to do is file a sexual harrassment/assault and the mere accusation will stop any administrative action against you. There is no penalty for a false accusation and if it fails you just seek re-assignment.
I remember getting a "Sexual Assault Awareness Brief" overseas by Military lawyers and they ran the stats for current sexual assault claims on the base and they were high - but 98% were not actually sexual assault and turned out to be one of the above.
But hey believe what you want.
protection from Peers and Institutions ? People are desparate to hold onto their Jobs and so
avoid difficult knowledge and witness to Theft, Abuse and Loss ? In the USA this is an Outrage.
People are so fearful that they ignore Crime among themselves, this does not speak well of the
Social System we have created for Life and Work !
There are men who are predators and enjoy abuse, pick them out and punish them !
Includes the American Military Ranks.