We Must Protect Those Who Protect Us: Sexual Assault Reporting in the U.S. Military
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Sexual assault and rape are crimes that not only effect an
individual's physicality, but ones that traumatize their victims far beyond the end of the physical act. They violate an
expectation of safety, and security, they break trust and self-confidence.
These are crimes that compromise the dignity and integrity that all persons are
entitled to: the exclusive choice to engage in sexual relationships that is an
innate right of every human being.
Sexuality is an innate part of a person, and an innate part
of the human experience. A person’s sexuality belongs to no one but himself or
herself. That innate part cannot be separated from the self – when that part of
a person is violated, their whole person is violated, when self-hate touches
that part of a person, it touches them as a whole. Sexuality is bound in
relationships, and interactions; it is gaged and valued in choice: the choice
with whom it will and will not be shared, and the surrounding experience of how
those relationships develop and when.
Known at the STOP Act, H.R. 1593, was reintroduced to the
113th Congress this past April by Congresswoman Jackie Speier (D-CA)
. First introduced in 2011, the Sexual Assault Training Oversight and
Prevention Act died after being referred to committee.
Sexual Assault and rape are epidemics in the American
military. They are crimes that touch all branches of the military, they are not
limited to a class of commissioned or non-commissioned, nor are they unique to one
sex or biology. Rape in the military affects men and women of every age and from every decade. It finds its victims at the Aberdeen Proving Ground in
Maryland as well as the Lackland Air Force Base outside of San Antonio, Texas.
It takes place in foreign lands, and right here at home.
While these are issues that may be gaining political momentum, sexuality, sex, gender, and orientation are nothing new to be considered by the armed forces - it is only now that their way and means of being considered and evaluated is changing.
The ‘Don’t Ask, Don’t Tell’ policy which reigned from February 1994 to September 2011 deemed the intent to engage in homosexual “behaviors” as “an unacceptable risk t the high standards of morale, good order and discipline, and unit cohesion that are the essence of military capability.” (10 U.S.C. § 654 [b]).
The ‘Don’t Ask, Don’t Tell’ policy which reigned from February 1994 to September 2011 deemed the intent to engage in homosexual “behaviors” as “an unacceptable risk t the high standards of morale, good order and discipline, and unit cohesion that are the essence of military capability.” (10 U.S.C. § 654 [b]).
While the past two years have given way for our nation to
recognize gay and lesbian members of the military as what they truly are – American
heroes – there are still calls and questions. DADT held so much more
power than just the prevention of social justice in the ultimate duty and
honor, but it also gave way and has been cited again and again within the game
of power and control that is military rape.
Don’t Ask, Don’t Tell affected rape victims in two ways –
first, it created an environment of risk: if you relayed or reported the
assault, you risked being labeled “homosexual” – loosing your job and
livelihood in a game where competing ranks told two different stories. This
created an environment in which victims did
not tell others the weight they carried, nor were they asked, if it had been reported, if they were okay. Second,
it created a scapegoat for discharge that was virtually untraceable: had male
or female victims alike not engaged in sexual relationships with superiors, the
threat to “cry wolf” was all too great, and all too real.
The Department of Defense released an anonymous survey in
May 2013 surrounding sexual assault. They found that sexual assault is on the
rise – with 26,000 cases having occurred in 2012 as compared with the 19,000 in
2010. While women make up only 15% of all military personal, they make up 47%
of the victims. Of the 13,900 male victims found in this survey – 76% went
unreported. Unreported to ranking superiors, unreported to doctors, kept in the
hearts and minds of the victims, many of whom had lasting physical and
emotional damage to show for it.
The STOP Act
would amend the United States Code Title 10 in the creation of a Sexual Assault
Oversight and Response Council that would be comprised of mostly civilians and
would be independently established from the chain of command within the DOD.
Members of this council would be selected and appointed by the President and
the Secretary of Defense. Their most significant duty? They would be
responsible for the reviewing of each case stemming from a sexual-related
offense that have been referred to an appellate court within the military or
that has been referred by the Department of Justice.
What does this mean? It means it would take the fact-finding out of
the hands of the military chain-of-command and place it in third party hands.
It would create and develop specific sexual assault reporting protocols,
develop risk-reduction and response training, file the formal policy on sexual
assault, and advise the effectiveness of the Director of Military Prosecution.
The Sexual Assault Oversight and Response Office would
coordinate to carry out criminal investigations, it would coordinate the
oversight of the three fundamental
rights of rape victims: safety and security, a place to communicate, and to be
validated. In lay terms this means – victims of sexual assault in the
military will have the right to a criminal investigation of their claims and
not just a response from a hierarchy of leadership. This means that individuals
that are victim to these heinous crimes will have a team working to ensure
their physical, mental, and emotional safety, and get the help and treatment
they need, and not after the fact.
Sexual assault and rape victims in the military are isolated
by the trust and comradery that are so prevalent and necessary. Its victims are
violated in a way that separates them from “unit cohesion” so essential to line
and field.
This is a crime that has touched some of the bravest men and
women of every generation. This is a battle that they were not prepared to
fight. This is a violation of the most innate rights of those who honorably called to stand up for ours.
It is time we do something to protect those, to honor those,
and to serve those who so willingly have done it for us today, tomorrow, and in
so many years passed.
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