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Rep. Niki Tsongas

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Properly Addressing Sexual Assault in the Military

Posted: 05/29/2012 7:17 pm

Last year, an Army sergeant was raped by one of her comrades while she was serving in Afghanistan. She pursued a criminal charge against her assailant but feared she would be forced to serve side-by-side with him while the investigation was pending. Both the victim and her commanders were unaware of a new law that Congress passed providing victims with the right to request a transfer to a different unit or base in the aftermath of an assault. Fortunately, my office was able to work with her and see that she was granted the transfer request entitled to her.

Prior to being raped, this sergeant had glowing evaluations and a promising future in the military. As she set about moving forward and continuing her career in her new unit, however, she discovered that several negative performance assessments and unfounded counter-accusations had been entered into her service record after she reported her assault. She learned that her record had been flagged preventing all favorable actions, including re-enlistments, participation in promotion boards and further career development training.

Unfortunately, she is not alone in this experience. Another survivor informed my office that when she sought counseling after being attacked, her commander threatened to discharge her on the basis of a personality disorder. We have also seen several reports in the media about other survivors who were discharged under similar conditions, and whose permanent service records were altered.

Retaliatory gestures and intimidation techniques have for years had a chilling effect on the willingness of victims of sexual assault in the military to come forward. This reality is reflected in the alarming statistics that reveal that as many as 1 in 3 women leaving military service have experienced some form of Military Sexual Trauma. By the Pentagon's own estimate though, as few as 13.5 percent of these assaults are reported.

As a member of the Armed Services Committee, I have been working with a core group of legislators to correct this injustice. Our efforts culminated recently when Secretary of Defense Leon Panetta came to Capitol Hill to speak with members of the Military Sexual Assault Prevention Caucus which I co-chair with Congressman Michael Turner (R-OH). Along with Chairman of the Joint Chiefs of Staff Martin Dempsey, Secretary Panetta announced a new commitment to combat sexual assault in the military saying, "we believe that we have developed a set of initiatives that fundamentally change the way that the Department deals with this problem."

The initiatives he announced included a requirement that any reported sexual assault against a military service member will now be subject to action by an officer no lower than the rank of Colonel or Naval Captain. Elevating this review will help remove the bias that may exist within the immediate chain of command. It will also help to ensure that these cases are handled at a level commensurate with the seriousness of the crime and ensure that our military leaders retain accountability when assaults occur.

The Secretary also announced that each service branch would form Special Victims Units that will dedicate greater resources and expertise to sexual assault investigations and the prosecution of these offenses. The recent formation of Special Victims Units in the Army has allowed more prosecutors to bring sexual assault cases forward but demand for these services far exceeds the current manpower and resources of this unit. Providing the means necessary to expand the reach of these units will help bring offenders to justice, serve as a deterrent against future incidents of sexual assault, and is an important acknowledgement of the unique nature of these crimes.

Taken together, these substantive changes underscore a new-found resolve at the Department of Defense to address this crime in a more comprehensive and transparent manner. Congress also came together late last year to place a General at the head of the DoD's Sexual Assault Prevention and Response Office, grant victims the right to a base transfer, the right to legal counsel, and the right to confidentiality when seeking assistance from an advocate. And, just last week, the House of Representatives passed the National Defense Authorization Act that would for the first time require each branch of the service to help victims correct their records if negative marks were recorded on their otherwise honorable service in retribution for reporting a sexual assault.

The military must continue to build on these efforts to address the unacceptably high incidence of this crime, and Congress must continue to exercise its necessary oversight role to hold our military leaders accountable as we did last week.

 
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dbrett480
09:20 PM on 05/30/2012
This isn't about sex. This is about power and people that abuse it. If we look at it from that angle, we might find some good solutions.
04:03 PM on 05/30/2012
Representative Tsongas, and many other members of Congress, are PANDERING to the military. Base transfers DON'T WORK. Reprisals follow the victim. Increasing disposition authority has already been proven useless, if not endangering a victim further. This situation is a mess. Representative Tsongas, all of these efforts you outline in this article have done nothing more than water down the efforts, and heroicism that have brought the sexual assault epidemic to the attention of the American public in the past year. WOMEN VETERANS EVERYWHERE thank you for putting off the only solution to this problem ... THE STOP ACT. HR 3435. Its time to end the CHARADE. Three decades and 18 Congressional Hearings later and NOTHING has been done to stop this epidemic. This is a joke.
11:32 AM on 05/30/2012
Tried to comment on this earlier and I guess it 'didn't take.'

I hope this actually has a positive effect.

When I was deployed to Iraq I was 'voluntold' to participate ~ as a female NCO ~ on a board of Marines who's task was to discuss & implement the most recent USMC policy to prevent/respond to sexual harassment & assault. I soon realized, though, that the intent of the board was to actually do absolutely nothing. When I naively suggested ideas for implementation is was shot down every time. This board comprised about 8 Marines, officers & enlisted, and I was not the only female. There was a SSgt (E6) who never made any moves to implement policy, never supported me when I made recommendations: definitely not in our meetings and I don't think behind closed doors, either. She was a 'career Marine' and didn't want to rock the boat.

While I was in Iraq one of our female Marines survived an attempted attack/rape by an Iraqi national. He was fired from his job, kicked off base ('outside the wire') and was probably beheaded for capitulating to the Americans.

However, nothing ever happened to Marines who sexually harassed/assaulted each other.

Back in garrison it was no better. Always swept under the rug: blame the female, deploy or transfer the male.

Again, I hope this has an actual ~ measurable ~ positive effect, but I'm not holding my breath.
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09:46 AM on 05/30/2012
The problem you may have faced initially in this case is that moving the victim, which is often times necessary, is viewed as reprisal. Moving a victim has some issues, such as knowledge or at least a good guess as to why once in a new unit or extra when not really meant to fill in. That requires a good spin by the Chain to avoid outing the
09:22 AM on 05/30/2012
I hope this makes an improvement. While I was deployed to Iraq 2005 ~ since I was female & an NCO ~ I was 'voluntold' to participate on a panel of Marines that would discuss & implement/establish the latest USMC policies on dealing with rape in the ranks. Bottom line: the intention was made clear that lip service would be done but absolutely no action would be taken. I was shut down when I naively recommended some ideas for actual implementation. Keep in mind, there was at least one other woman on the panel. If I recall, she was a Gunny (E7) and said/did nothing in support of me or the program either publicly in our meetings or behind the scenes. She was a 'career Marine' and not interested in rocking the boat.

When one of our female Marines was subject to an attempted rape/attack by a local Iraqi businessman he was kicked off the base and was likely beheaded by locals for capitulating with Americans. However, there was apparently absolutely no governance over male service members sexually harassing or raping females on base.

Like I said: I hope this is an improvement but I can't say I'm holding my breath.
02:56 AM on 05/30/2012
When is congress going to force the us military to reopen cases where these women are coming forward with stories of how they were wrongfully discharged or ignored? The fact is the FBI should be involved at this point! NCIS has proven to be inneffective. This is all lip service until the first men are prosecuted for past crimes.
The site theusmarinesrape shows how NCIS, Camp Pendleton, the Pentagon and a congressman all helped to ignore a rape. And citizensagainstmarkcritz show how much a congressman lied to cover up this rape.
Congressional members need to stop making speeches and start forcing results.
This has been going on for decades and everyone knows it.
Thanks Obama for not even talking about this, your the real war on women.