DoD Shirks Congressional Oversight of Sexual Assault in the Military

Last Thursday, I gave testimony on sexual assault in the military at a House Oversight and Government Reform subcommittee oversight hearing. Kaye Whitley, director of the Department's Sexual Assault Prevention and Response Office, had been subpoenaed to testify at Thursday's hearing, but apparently Department of Defense officials instructed her to stay away from the hearing.

I am very disturbed by the DoD's resistance to Congressional oversight on sexual assault. The DoD's decision to keep Dr. Whitley from testifying undermines the progress the Pentagon has made in addressing sexual assault by suggesting that there is something to hide.

Right now the DoD allows two options for reporting sexual assault: restricted reporting or unrestricting reporting. Filing a restricted report means the victim can receive healthcare services and counseling, but command is not notified and no investigation is conducted. Unrestricted reporting means that command is told, but the victim must submit broad medical records and any communication they had regarding treatment is open to the scrutiny of the chain of command. Quite simply, the current structure makes women who have suffered sexual assault choose between confidentiality and justice.

It is unconscionable that women who serve their country in the military should have to make that decision. For three Congresses, I have introduced the Military Domestic and Sexual Violence Response Act. This legislation will ensure greater protections for service members and their families if they become victims of sexual assault or domestic violence.

While more women have sought care as a result of restricted reporting, it is doing no more than force women to choose between confidentiality and justice. It is shameful that brave women in uniform have to choose to either make their sexual assault common knowledge, or let their rapist go free.

Comments

[mgloraine]

It is evident that the DoD holds the military service of women to be completely without value other than as potentially convenient victims for the male-dominated culture of violence, rape, and murder. There is no possibility of justice as long as members of the military bureaucracy and command structure believe that women are livestock or slaves, and that their own exalted rank or weaponry bestows upon them the divine right to brutalize all other people, including members of their own unit.

Women who think they want to be in the military should instead go into politics where they might be able to make a difference and change the status quo. Signing up for military service is like going alone and unclothed to a drunken frat party and expecting the rules of chivalry to prevail. Not very likely. Those of us who care about women's well-being would advise against it.

Women (and gays) should boycott the military. Let them try to make a functional force using only the thugs, bullies and half-wits who are rejected by the corporate mercenary outfits.

[parkerfly38]

While the DoD's prevention and reporting system sucks, this post demonstrates how woefully ignorant many of you are of who makes up the force. I would also point out that the military managed to be quite functional prior to gender integration. It's better for it now, most of us would agree.

Most rapes in the military are not committed by those with exalted rank or weaponry. The command structure certainly doesn't support rape. It really is a case less about the perceived value of women, and more about how to balance good order and discipline against situations no military in the history of the world has had to deal with until the end of the last century. Progress isn't coming fast enough for a democratic nature, but there IS hope.

There are many of us in the military who would like to see the system changed. The Pennsylvania National Guard holds a number of firsts for female Soldiers of which we are quite proud. Our female adjutant leads the Guard wonderfully. We have twin Stryker vehicle commanders, and the first female graduate from a combat arms course, the squad designated marksman school. We have incredible female pilots Our gender-integrated force has its black-eyes from time-to-time, but it is overwhelmingly proof positive that we can move forward.

Instead of insulting the military, consider INTELLIGENT contributions to help our female service members serve. Otherwise, one has to wonder if the dunderheads all reside outside the service.

[Kodachi]

I've always been curious about what people in the military think of the sexual assault rates and the attendant scandals, but this issue is usually pushed aside. From the perspective of a service member, what do you think could be done to lower assault rates and/or ensure justice for victims?

[mgloraine]

I have no doubt that the female members of the Pennsylvania National Guard (and every other US military group) serve with honor and distinction; that is not at issue.

However it is widely reported (here's an example: http://www.womensenews.org/article.cfm?aid=1273
) that as high as 28 - 29% of female veterans report being raped or sexually assaulted while in the military.

That's greater than a one in four chance that a woman will be sexually assaulted as a result of enlisting. You get better odds with "Russian roulette" (1 in 6 vs. 1 in 4 that bad things happen).That's not an "occasional black-eye", but a persistent, systemic refusal to prevent the crime and to take action after the fact. Commanders look the other way and do nothing, which constitutes a tacit approval of the abuse. Victims are further victimized and singled out for retribution by officers and men who resent being revealed as the sexual predators they are.

It's difficult to change a system like the US military by joining its lowest ranks, which is why it makes more sense to join Congress so as to compel the military to observe the law from the top down.

[GoCards1978]

Thank you, Rep. Slaughter, for bringing this issue out in the open. I have a friend who is on 100% disability from the Army due to a violent rape (PTSD). The Army lost a valuable asset when she could no longer continue her career and her rapist was never charged by the Army. Their current policy is insane and hasn't changed in almost 20 yrs.

[Marnie1]

Not only does the perpetrator go uncharged, he remains free, with the tacit approval, support and protection of the military.

And he knows that the military will protect him from punishment of violent crimes as many times as the wants to commit them, for as long as he is in the military.

By the way. Isn't covering up a crime, as crime in itself? So is not the miitary guilty of conspiricy to cover up crimes?

[Yola]

It is disgusting that our brave men and women are left standing alone when it comes to this issue. Just disgusting! It is also very sad that we, as a country, are not paying attention to what is happening to these people who are doing everything that's been asked of them!

[politicky]

What a sweet sweet woman you are. That the DoD would try to shield the public from some of it's uglier realities is surprising?

[andvoodoo2]

If the DoD was interested in what happens to its female soldiers, they would PROTECT them by keeping them safe from sexual assault, which is very widespread in the military and, they would protect them both physically AND psychologically AFTER a sexual assault. The military doesn't value female soldiers.
I had a young client who was interested in joining the military. I talked her out of it by showing her the high incidence of rape and other sexual assault against female soldiers. She is now in school studying nursing.

[parkerfly38]

I just briefed my unit on Friday about this, and did mental gymnastics as I wrestled with the meaning of restricted and unrestricted reporting. As the unit's Equal Opportunity NCO, these things seem to now fall within my purview.

Rep. Slaughter, you must understand, this doesn't just apply to female victims of sexual violence within the military. It also applies to male victims. Restricted reporting means privacy is protected, of course, but no justice will be sought. Similarly, unrestricted, wagging tongues (and the military gossip chain is worse than anything on Desperate Housewives) will spread the story like wildfire even before an investigation takes place.

The DoD has the impossible job of balancing good order and discipline within units, which is the responsibility of a unit commander, against justice for a victim. I highly recommend rape victims on military posts to first consider seeing civilian medical personnel and seeking rape be reported through civilian law enforcement, even if it is technically a no-go by DoD standards.

This is even more problematic in theater, where units are often isolated and retribution is a large factor in rape reporting. I couldn't imagine reporting a rape using the unrestricted system while in Iraq/Afghanistan. This system is ridiculous. I hope you continue to seek oversight and win the fight.

[SamThornton]

Refusal to honor a Congressional subpoena seems to have become the rule for the dead-enders in the Administration and their Republican allies in Congress. Both groups seem focused exclusively on creating as much chaos and obstruction as possible so they can later demonize their opponents as "do nothing Democrats."

Too bad important issues such as the high rate of sexual assaults in the military get caught in the cross-fire. Then again, all of the nation's business is getting caught in the cross-fire. The hapless Democratic leadership offers zero push back. Neither side is offering affirmative reasons to vote for them. What a travesty.