This week’s conviction of former U.S. Marine Cesar Laurean in in the 2007 brutal  murder of Lance Cpl. Maria Lauterbachand her unborn child almost three years after the crime was committed is long past overdue.  In August, 2008, Ret. Col Ann Wright wrote about the case as but one example among many of misogynist violence in the military,

Lance Cpl. Maria Lauterbach

Marine Lance Cpl. Maria Lauterbach had been raped in May 2007 and protective orders had been issued against the alleged perpetrator, fellow Marine Cpl. Cesar Laurean. The burned body of Lauterbach and her unborn baby were found in a shallow grave in the backyard of Laurean’s home in January 2008. Laurean fled to Mexico, where he was captured by Mexican authorities. He is currently awaiting extradition to the United States to stand trial. Lauterbach’s mother testified before Congress on July 31, 2008, that the Marine Corps ignored warning signs that Laurean was a danger to her daughter (testimony of Mary Lauterbach to the National Security and Foreign Affairs Subcommittee of the Oversight and Government Reform Committee, nationalsecurity.oversight.house.gov/documents/20080731134039.pdf).

I asked Wright via email for her take on the mind-boggling amount of time it has taken for justice to be served in the Lauterbach murder,

“I think it is very important for women of the military to know why it has taken this long to have a court-martial on such a high  visibility case, which included extradition of Laurean from Mexico where he had fled after he murdered Maria Lauterbach and her baby, burned and buried their bodies.  For women in the military who are a part of the 92% of women who file rape charges and never have their cases even brought to a court of justice so that their pleas can be heard (only 8% of military rape cases ever come to trial in constrast to 30% of allegations in the civilian sector), it is no glimmer of hope that the verdict in this high profile case has taken so long.”

Indeed, this is just another in a much to long list of ways in which the military continues to send the message that women who serve in the military are at more risk of being harmed by their fellow soldiers than by any enemy and that contrary to the expectation that every soldier has, that their comrades have their back, for women, it is decidedly not so.

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Since beginning the Feminist Peace Network in 2001, I have written and spoken about militarism and violence against women more times than I can count. In those years I have watched too many instances of the problem becoming more exacerbated and see little to indicate substantive progress towards addressing this horrendous problem. And so I keep writing and talking about it. The following is excerpted from a recent talk that I delivered at the University of Dayton.–LM

“While bullets, bombs and blades make the headlines, women’s bodies remain invisible battlefields.”
–Margot Wallström, U.N. Special Representative on Sexual Violence in Conflict

———-

In order to fully understand militarism, it is necessary to view it from a gendered lens and tonight I will be addressing the question of what it is about militarism that places women at particular risk.

There are essentially 3 ways in which people seek to gain empowerment:

  • The first is Power Among (community)—a sense that we’re all in this together.
  • And then there is Power Within—in other words, your own inner strength and capabilities.
  • Finally, many believe that you can achieve empowerment by means of asserting Power Over.

Militarism, and the patriarchy it defends, are based on the notion of power over, and place women at particular risk for victimization, violation and harm.

In order to achieve empowerment by this method, you have to have someone or something to assert  that power over and to do that, you need to see that target as an other.

Creating an other is a critical defining aspect of both militarism and violence against women – creating a false distinction between two different  people (or 2 different groups of people). The other then gets defined as less than.  Once defined as less than, the other needs to either be destroyed, or protected.

Civilian casualties now make up as much as 70% of the total casualties of any military action.  Since women and children are the majority of these civilian populations, they make up the majority of civilian casualties.

———-

What is it about military conflict that makes women particularly vulnerable?

  • To begin with, there is the breakdown in government and  law enforcement.
  • Other factors include loss of homes/separation from family/especially men who may have provided protection/becoming refugees.
  • And finally, loss of jobs/income.

The following are the primary ways in which women are sexually victimized as a result of militarism:

  • Rape
  • Sexual Slavery/Trafficking
  • Forced Marriages and Pregnancies
  • Femicide

Several other points to consider:

  • Wars are not fought on battlefields anymore–they are fought in cities and towns and villages.
  • In  warfare, women’s bodies frequently become part of the battle ground over which opposing forces struggle.
  • Women’s bodies are often considered the spoils of war, or invisibilized under the catchall euphemism ‘collateral damage’.
  • And violence against women does not end when the fighting ends.  We’ve all heard reports of rapes committed by U.N. peacekeepers, of soldiers who come home and assault or murder their wives.

As you may have read recently, it was confirmed that 2 pregnant women and a teenage girl were killed in a botched raid on a family gathering to celebrate the birth of a baby in Afghanistan back in February.  Not only were the women murdered in cold blood, but in the initial aftermath of the killings, NATO claimed that the women were already dead when they got there, the victims of honor killings.

It has since been proven otherwise, as one anguished relative asked, why would they be murdering pregnant women at a celebration of a birth, and there are reports by The Times of London that bullets were actually dug out of the women’s bodies and bullet holes in walls plastered over.

———-

The numbers speak for themselves:

  • Rwanda Genocide–As many as 500,000 women raped.
  • 64,000 women raped during conflict in Sierra Leone.
  • 40,000 women raped in Bosnia/Herzogovina.
  • 4,500 rapes in just 6 months in one province of the DRC.
  • Hundreds of women raped every day in Darfur.

It is precisely because of these incredible, large numbers of victims that we know that violence against women is systemic to militarism.

The connection between militarism and violence against women is a global issue, however tonight I want to focus primarily on how it pertains to the U.S. There are several reasons for that.

  1. The U.S. has the biggest military power in the world and therefore our actions, as it were, pack the biggest punch  and
  2. Most of us are U.S. citizens and I think it is appropriate to talk about that which we can be faulted for and that which we can take responsibility for changing before pointing our fingers at others.

———-

afghan_widow

Let’s talk about Afghanistan first.  As I pointed out earlier, one of the justifications for our invasion was to liberate Afghan women.  As Human Rights Watch pointed out last year however, that has been an abysmal failure.

“Afghan women are among the worst off in the world, violence against them is “endemic” and Afghanistan’s government fails to protect them from crimes such as rape and murder.”–Human Rights Watch, December, 2009

Today:

  • The majority of Afghan women are vulnerable to violence in the home.
  • The judiciary system provides scant recourse for survivors of that violence. If there are no witnesses to these crimes, the women can be convicted of adultery.
  • Victims are often jailed or murdered.  Women who face domestic violence can be pushed to tragic extremes, including suicide, self-immolation is often the method of choice.  The burn hospital in Herat recently reported 90 cases of self-immolation in an 11 month period.
  • Afghanistan is the only country in the world where the suicide rate for women is higher than for men.
  • 70 to 80 percent of women face forced marriages often before the age of 12.  There are actually markets where women are bought and sold.
  • Going to school is risky for girls because of fire bombings and acid attacks.
  • The assassinations of several prominent women leaders have gone unpunished.

———-

And then we moved on to Iraq and again used the justification of liberating women there although, while there were certainly serious problems such as the so-called rape rooms, women enjoyed one of the highest levels of freedom in the Arab world.  In post-invasion Iraq however:

  • There are roughly three quarters of a million widows in Iraq due to the last war with little or no means of support
  • Many women have become refugees in Jordan and Syria, often away from families who could provide protection and support
  • The new Constitution, which the U.S. gave its blessing to gives precedence to Islamic law over civil law.
  • Honor killings have increased dramatically
  • Sexual trafficking, where women are  being forced to prostitute themselves to feed their families, or are being sold to sex traffickers has increased dramatically.

———-

But it is not only civilian women who are at risk.

  • According to several studies, 30% of women in the U.S. military are raped while serving, 71% are sexually assaulted and 90% are sexually harassed. It is believed that 90% of sexual assaults in the military are never reported. As one Congresswoman noted recently, women serving in the military are more at risk of being harmed by their fellow soldiers than by any enemy.
  • The situation in combat theaters is so bad that women are afraid to go to the bathroom by themselves for fear of being raped.
  • It is important to note that there is a very poor rate of conviction of perpetrators, which effectively creates a culture of impunity when it comes to sexual assault and
  • A Department of Defense Task Force on Sexual Assault in the Military told a Congressional committee on February 3, 2010 that “DoD’s procedures for collecting and documenting data about military sexual assault incidents are lacking in accuracy, reliability, and validity.”
  • And the last point I want to make about this is that the problems described apropos of the military also apply to women working for private contractors such as KBR as the recent case of Jamie Leigh Jones has unfortunately illustrated.

———-

We also need to talk about the direct sexual victimization of civilians by the U.S. military.

Prostitution thrives near military bases, both in the U.S. and abroad.  Filipinas not for saleWomen and girls are brought in to entertain the troops as it were.  The Pentagon  drafted an anti-prostitution and trafficking policy in 2004 that would subject violators to court martials but the U.S. military is just beginning to put clubs and bars involved in prostitution off-limits and little has been done to enforce the policy.

Earlier this year, the Philippine government quit issuing work permits for women seeking to work in bars and clubs near U.S. military bases in South Korea because so many end up being coerced into prostitution.

Many of these women are solicited by recruiters to entertain the  troops telling them they will sing and dance, but they end up serving expensive drinks in bars and those who fail to make their drink sale quotas incur ‘bar fines’ which they must pay off by selling sexual services.

In Japan, a year after the Defense Dept. banned the solicitation of prostitutes, Stars and Stripes reported that there was still a thriving “massagy” girl business selling happy endings for $30-$70 near U.S. bases in Japan.

It’s also important to note that the problem extends to private contractors like Dyncorp in Bosnia  in the late 1990’s and earlier this year it came to light that Blackwater officials kept a Filipina prostitute on the payroll for, “Morale Welfare Recreation” in Afghanistan.

———-

Every time there is a new study or a  new report to Congress about sexual assault in the military, and there have been quite a few, I almost inevitably get a call from a reporter asking whether I think this will make a difference.

The short answer is no.  The rape and plundering of women is a de-facto weapon of war and always has been and the objectifying of women is still alive and well in the military.

Despite a 10 year ban on pornography being sold on military bases, the military recently did a review and decided Playboy and Penthouse should not be classified as pornography–and I don’t want to get into a debate about porn, but the point is that the objectification of women is historically implicit in militarism and no amount of Congressional testimony is going to change that.

The Strawberry Bitch is a WWII plane on display at the National Museum of the United States Air Force in Dayton, OH (Many thanks to a member of the audience when I spoke who told me about this unfortunate example of the implicit military misogyny of which I spoke)

The Strawberry Bitch is a WWII plane on display at the National Museum of the United States Air Force in Dayton, OH (Many thanks to a member of the audience when I spoke who told me about this unfortunate example of the implicit military misogyny of which I spoke)

The number of sexual assaults in the military that are being reported has gone up, which may in part be a function of improved reporting mechanisms, but experts still feel these are just a small part of the real number.

What is crucial to understand is that what hasn’t gone up is the number of criminal prosecutions or convictions and until that happens, substantial improvement in the situation is unlikely.

While I have focused tonight primarily on U.S.-centric militarism, clearly militarism perpetrated by other military forces, be they national militias, rebel forces or whoever is committing militaristic violence, leads to violence against women wherever it occurs and that violence needs to be addressed, whether it is in Indonesia, the Darfur region of Sudan, the Democratic Republic of Congo or anywhere else.

“After raping her they killed her by shooting into her vagina. No action was taken.”

– The Karen Women’s Organization (KWO), “State of Terror: the ongoing rape, murder, torture and forced labor suffered by women living under the Burmese Military Regime in Karen State (February 2007)

In addition, there is a whole expanded conversation that is more than we can address here tonight regarding the U.S. role in these situations, for instance our support of the government in Indonesia and our lack of action to help the people of Darfur and so on–just because we are not directly perpetrating violence does not mean that we are not involved in the perpetration of the problem or that we should not be involved in ending this violence.

———-

I’d like to talk now about what can be done, on both a national and international level, to change the paradigm that allows for the victimization of women as a result of militarism.  There are a number of vehicles that address the issue.  One of the most important is CEDAW which stands for The Convention on the Elimination of all forms of Discrimination Against Women and defines violence against women as a violation of women’s human rights and is often described as an international bill of rights for women. As of August, 2009, 185 countries had ratified CEDAW. The United States is one of the few that have not yet ratified it, along with countries such as Iran and Sudan.

CEDAW1

There are also several UN Security Council resolutions that are important to know about.  The first, Resolution 1325 addresses the disproportionate and unique impact of armed conflict on women and recognizes the under-valued and under-utilized contributions women make to conflict prevention, conflict resolution and peace-building, and stresses the importance of their equal and full participation as active agents in peace and security.

The second, Resolution 1820, urges all parties to armed conflicts to immediately stop acts of sexual violence against civilians and calls for the protection of women and girls from all forms of sexual violence.

We also have the International Criminal Court which was created in 1998. Of critical importance, its statutes classify sexual violence as a war crime and provide a means by which perpetrators can be held accountable for their war crimes.

It also establishes measures to facilitate better investigation of gender-based violence as well as standards for care of victims including witness protection and legal counsel.

The U.S. however, opposes the ICC and does not participate.

IVAWA2

And finally, here in the U.S., the bipartisan International Violence Against Women Act (IVAWA) was reintroduced in February in both the US House and Senate.

It would be the first of its kind to comprehensively incorporate US foreign assistance programs to help stop gender-based violence and poverty, promote economic opportunities for women, halt violence against girls in schools, and ultimately empower women.

———-

Those are some of the tools available to us on an international and national level, but you and I—we’re not members of Congress or delegates to the United Nations.  So the thought that I want to leave you with is what we—those of us here tonight—can do to change this paradigm?

In order to truly achieve a women-inclusive peace, we need to make the connection between the othering that enables militarism and the othering that enables sexual violence. Creating peace in the world must include creating peace in our homes. And finally, we need to take intimate violence as seriously as the other violences of war.We need to admit that sexual violence is a tool of war. When men go to war, women and children are overwhelmingly the innocent victims.  We need to own up to this and make it a front and center issue.

And if you remember what I said when I began this evening, there are three ways in which to seek empowerment and we need to do some substantive work in moving away from Power Over to a framework that is based upon Power Within and Power Among.

We need to make a fundamental paradigm shift and move towards partnership thinking (a concept pioneered by Riane Eisler).  Rather than seeing others as adversaries, let’s look at how can we partner to create solutions and make meaningful and just relationships.  Then we will be truly empowered.

My goal tonight has been to try to give you a glimpse of what militarism looks like through a gendered lens.  When we discuss the impact of militarism and how to end it, we are simply not looking at the full picture unless we include the ways it affects women and also listen, really listen, to women’s voices  when we look towards resolution of conflict and the creation of peace.

Lucinda Marshall, 2010

———-

My grateful thanks to Dr. Rebecca S. Whisnant, head of the Women and Gender Studies Program, for inviting me to speak, all those who provided support for this lecture and to the wonderful and inquisitive students at the University of Dayton.  The slides that accompanied this lecture can be viewed in the right sidebar on the Feminist Peace Network website. You can also get more information on militarism and violence against women here.

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Okay, so wrap your head (and your heart) around this one

During the final debate on the bill, Congresswoman Lynn Woolsey, noting that prior pregnancies and Cesarean sections “and most unbelievable of all” domestic violence could be considered pre-existing conditions, said, “We should all be ashamed.”

The bill should change this, which is more than good. (It’s not clear that the fix will be instant; exclusions for pre-existing conditions are set to end in 2014, although in the interim insurance should be available through a high-risk pool.) Despite the regrets about public options, the bill is sounding better all the time.

So do we have to wait until 2014 for domestic violence to not be an impediment to obtaining insurance?  The way the high risk pool is set up, you first have to be uninsured for 6 months (and will someone please explain how the ugliness of that black hole got into any of this)–so if you get raped during that 6 months, are you sh*t out of luck??  If anyone knows more about this, please share your understanding, I’d like to be wrong about how I’m reading this, but I have a bad feeling I’m not.

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Last night I had a speaking engagement in a part of downtown that quickly becomes deserted after dark.  After the program ended, as a matter of course I waited to leave until another woman, one of my co-presenters,  was ready to go.  I can’t speak for her, but for me, it just went without saying that I didn’t want to walk out into the dark parking lot by myself.  I was dressed for the stormy weather, bundled up, sensible shoes, hardly provocative, but as Amanda Hess points out,

Acting like a woman, in many ways, involves performing behaviors that are out of the ordinary: shaving your entire body, coloring your lips and cheeks, lengthening your eyelashes, extending your legs on high heels, “doing” your hair, dieting obsessively, waxing, plucking, padding your breasts, painting your nails, stuffing your tummy into tight spandex casings, wearing skirts and dresses and pantyhose and earrings. The behaviors associated with femininity occupy a strange space in our culture. While they are obsessively reinforced as “normal” behaviors for women, they simultaneously work to situate women as abnormal, different, “other.”

To the average heterosexual cisgender man, refraining from performing these behaviors is just a fact of life. For women, these feminizing behaviors are enforced from birth, and are extremely difficult to avoid. And when women do refrain from performing these behaviors—when they don’t shave their body hair, don’t cinch their waists and inflate their breasts, don’t teeter on high heels, don’t wear makeup, and don’t wear skirts, just like men don’t—they risk being dismissed as “abnormal” women. In a culture where the privileged experience of the average heterosexual cisgender man is the baseline for “normal,” women are seen as outsiders no matter how they act.

And so when a woman is sexually assaulted—no matter what she’s doing—it’s easy for the culture at large to insist that she’s done something out of the ordinary to bring it upon herself. Because women’s lives are out of the “ordinary.” Because heterosexual cisgender men are born with the privilege of not being systematically targeted as victims of sexual assault. When you say that women who wear too-short skirts, or too-high heels, or too much make up are not sufficiently protecting themselves against rape, what you are really saying is that women who act too much like women deserve to be raped. When you say that women who drink with the boys, or have casual sex like the boys, or walk alone like the boys are not sufficiently protecting themselves against rape, what you are really saying is that women who don’t act enough like women deserve to be raped. And what you are really saying is that women deserve to be raped because they’re women. In a culture where women’s behavior is viewed as alien, it is this attitude that qualifies as “normal.”

When it comes to sexual assault, every neighborhood is a bad neighborhood for a woman.

This particularly resonates with me, because one of the first moments of click when it came to figuring out what the Feminist Peace Network was about was walking out onto a deserted street in Washington DC after a discussion with a member of FPN a few months after we had formed and realizing that while discussing the impact of militarism on women in Afghanistan (this was in 2002) was important, the reality was that women everywhere were terrorized by having to consider whether it is safe to walk to the subway or collect firewood or anything else, regardless of whether they live where there is peace or war every day of our lives.

And we are not immune from this danger in our digital lives either.  There have been several Facebook pages lately that have portrayed violence against women as entertainment. One group called “Punching pregnant women in the belly is fun” had members who were children. The group was reported to the school that the children listed on their profiles and the page is now gone. Earwicga explains,

It is particularly important to challenge the teenagers views that these types of groups are a bit of fun and trendy.  The results of a recent NSPCC study highlighted how prevelant sexual and physical violence in adoloscents:

The study suggested a quarter of girls aged 13 to 17 had experienced physical violence from a boyfriend and a third had been pressured into sexual acts they did not want.

The children’s charity said it was alarmed by the number of young people who viewed abuse in relationships as normal.

If you find other examples of Groups or Pages on Facebook promoting violence, please report them to Facebook and you can also list them on a Facebook page created to combat the problem.

As I write this, I realize that I am incredibly weary from having to even think about these things.  While I live in a place that is far, far safer than if I were living in a tent in Haiti or a refugee camp in Darfur, the reality is that I am still vulnerable to violence simply because I am a woman, and while I may take precautions when I can, neither I or any woman should have to do so.

That we cannot collect water or firewood, or walk to our car or the train or simply walk outside for a breath of air without fearing for our lives belies the very definition of civilization. Sexual violence and harassment of women is a global pandemic.  The damage it does is profound and it is time, well past time, that everyone, men and women say enough, no more and as importantly, we need to be clear with our children that this is not entertainment or what normal should be.

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Cross-posted with the kind permission of the author:

A Department of Defense Task Force on Sexual Assault in the Military told a Congressional committee on February 3, 2010 that “DoD’s procedures for collecting and documenting data about military sexual assault incidents are lacking in accuracy, reliability, and validity.”

Task Force a low priority–three years to name members of the Task Force

In what many see as the reality of the military institution investigating itself on the criminal acts of sexual assault and rape committed by its own personnel, the naming of Task Force members and the work of the Task Force was delayed for three years.  Following a congressional request, in October, 2005, Donald Rumsfeld as Secretary of Defense authorized the DOD Task Force on Sexual Assault in the Military, but DOD took three years to name the Task Force and for the Task Force to have its initial meeting in August, 2008.

Military Personnel Subcommittee Chair Susan Davis in her opening statement at the hearing noted this three year delay: “Not to make a major issue here, but I do feel that it is important to note for the record that, due to a variety of factors that could have been dealt with more quickly by the Department of Defense and were certainly beyond the control of the witnesses before us today, the Defense Task Force on Sexual Assault in the Military Services did not actually begin their work until August of 2008.”

Why not make this delay a major issue when the purposeful delay undercut the oversight that Congress itself was demanding and most importantly, when during these three years 6,000 service women and men were sexually assaulted and raped?

In fact another Congressional subcommittee did make this delay an issue.  In July, 2008, the Representative John Tierney, chair of the House Subcommittee on National Security and Foreign Affairs of the Committee on Oversight and Governmental Reform, dismissed from the hearing DOD’s Principal Deputy Undersecretary of defense Michael Dominguez from the hearing when Dominguez acknowledged that he had ordered Dr. Kaye Whitley, chief of the DOD Sexual Assault Prevention and Response Office (SAPRO) not to honor the subpoena the committee had issued to Dr. Whitely to testify in the hearing. The subcommittee was poised to ask her why the Department of Defense had taken three years to name the 15 person task force and why the SAPRO program was failing to require key information from the military services in order to evaluate the effectiveness of the sexual assault prevention and response programs.  (http://www.truthdig.com/report/item/20080801_sexual_assault_in_the_military_a_dod_cover_up/ )

Once the Task Force began meeting in 2008, over the next 15 months, members of the Task Force talked with over 3,500 service members in 60 U.S. military locations throughout the world. Its 179 page report on sexual assault in the military was made public in December, 2009 (http://www.dtic.mil/dtfsams/docs/11_09docs/DTFSAMS-Rept_Dec09.pdf).

It must be a challenge for a Task Force composed a retired Admiral, a former advisor to the Under Secretary of Defense and 4 active duty military service members appointed by the Secretary of Defense to be critical of policies of the Defense Department. The four civilians on the Task Force would be most likely to be more critical.

One can see the difficulty in bringing out critical information on sexual assault and rape in the military in how the information from the Task Force’s report has been made public.

Take for example, the testimony itself of the Task Force co-chairs to the Subcommittee on Military Personnel of the House of Representatives Armed Services Committee.  It is only in the last paragraphs of page 8 before you can find what key problems are concerning sexual assault and rape in the military.

DoD data on military sexual assault incidents are lacking in accuracy, reliability, and validity

Why wait to the last page of testimony before the co-chairs of the Task Force (http://armedservices.house.gov/pdfs/MP020310/IasielloDunbar_Testimony020310.pdf ) state that “DoD’s procedures for collecting and documenting data about military sexual assault incidents are lacking in accuracy, reliability, and validity?”

It seems reasonable that the Congress, the public and, in particular, the members of the military, should be informed first-thing in the testimony that the information provided by DOD has not been accurate, reliable or valid!  But, unfortunately, the Task Force did not elaborate on how inaccurate, unreliable or invalid DOD’s information is or how they arrived at that conclusion.

We all know that as the testimony says “Accurate and comprehensive data is essential to achieving accountability for responders and those who are accused of criminal activities. Without meaningful data, trend analysis and efforts to effectively address issues become problematic.”

According to the Task Force’s December, 2009 report (page 77), DOD’s procedures for collecting and documenting data about military sexual assault incidents lack “accuracy, reliability, and validity.” The report states that the Sexual Assault Prevention and Response Office (SAPRO) expends much effort

compiling DOD’s annual report to Congress, but this report “falls short in measuring the underlying incidence of sexual assault. Specifically, SAPRO has not established a database or the necessary tools to accurately track the incidence, investigation, and prosecution of sexual assaults in the Armed Forces. The absence of this database and associated tracking tools precludes the ability of DOD and the Military Services to gain an accurate understanding of the pervasiveness and nature of military sexual assaults and impact on military readiness.”

Is it inaccuracy in terminology alone, or in numbers of incidents reported, action taken, and types of punishment?  We don’t know, but these would be questions for the Congress to ask. Where is the accountability?

How and why would someone combine offender and victim data?

The Task Force co-chairs in their testimony remarkably acknowledged that the most recent DoD report to Congress itself was wrong as it “combined offender and victim data.” That must be a story in itself, how two very different sets of data could/would be mixed together and no one spot the mistake before the report was submitted to Congress!

What are the implications of the mixing of the data, one would like to ask?  Who would have made such a mistake?  Was it a mistake?

Neither victims nor other military personnel informed of the results of possible disciplinary actions

The Task Force leaders told the Congress that “neither victims nor other military personnel were routinely informed of the results of disciplinary actions relating to sexual assault.” The Task Force stated that “Commanders generally did not communicate case results to members of their command, and that this lack of information often led to misperceptions, rumors, and assumptions that allegations were unfounded.”

I have heard from several women survivors of sexual assault that they were the last to find out that the perpetrator of the assault had gotten off scot-free with no punishment and they, the victim, became the focus of unit members’ snide remarks and comments.

Additionally, the Task Force recommended that “both victims and other military personnel within the affected command be informed of the disciplinary action results related to sexual assault.”

Why does it take a recommendation of a task force to remind/force persons entrusted with command to simply notify victims of the sexual assault of the disciplinary action taken?

Perhaps it is that in all too many cases, no disciplinary action was taken at all. Perhaps it is because no one in the higher chain of command was/is holding commanders responsible for punishing these types of criminal acts committed.

Leaders need to model correct behavior

A clue at what the Task Force is driving at comes from a statement earlier in the testimony about the importance of unit leadership. “Leadership clearly has a profound influence on the prevention of sexual assault, from strategy development and execution, to continued focus and open discussion of the issue. Commanders and leaders must take an active role in addressing the issue and modeling correct behavior.”

The report (http://www.dtic.mil/dtfsams/docs/11_09docs/DTFSAMS-Rept_Dec09.pdf) itself notes: “Given commanders’ responsibility to actively ensure proper support and discipline of those under their charge, the restricted reporting option for military sexual assault victims presents a challenge to some commanders. This reporting option requires commanders to respect the protections offered to victims to ensure confidentiality and support. Confidentiality runs counter to commanders’ traditional expectations of accountability. Focus on accountability and discipline – important attributes of the chain of command – may prevent some military personnel from reporting sexual assault. This is particularly an issue when sexual assault victims may have engaged in misconduct for which they could be disciplined, such as underage drinking, fraternization, or adultery.” (p.37)

Military Lawyers say sexual misconduct regulations are “cumbersome and confusing”

The Task Force leaders commented that military lawyers consistently advised the Task Force that the new Article 120 of the Uniformed Code of Military Justice, the article that addresses sexual misconduct, is “cumbersome and confusing.”  Based upon the consistency of this feedback, the Task Force recommended a review of the effectiveness of Article 120.

If the military lawyers are having difficulty figuring out the regulations, no wonder so few persons are prosecuted for these crimes.

After 60 years of sexual assault and rape, still no measurable indices

The Task Force testimony says there is no research on “meaningful incidence metrics” on which to identify effective prevention strategies and initiatives.

After 60 years of women being in the military and with cases of sexual assault and rape increasing by the decade, one would have hoped that in all the studies (dozens of them) conducted,  that the Department of Defense, that can figure out “metrics” on every other subject, to include all other types of criminal acts, would have made it a priority to develop the “metrics” on these criminal acts affecting members of its population.

The Task Force website lists 20 reports on sexual assault since 1988 (http://www.dtic.mil/dtfsams/research.html) and there were many more reports prior to that date.  But, if comments of the Task Force are accurate, I guess data collection on sexual assault and rape has been too difficult, or more likely, too unimportant for men who are at the top echelons of the military establishment.

Military system stacked against the victim

Effectiveness between victim and victim advocates in the military limited as no communications privilege under military law

The Task Force stated that communications between sexual assault victims and victim advocates were “problematic” because these communications are afforded no privilege under military law.  Therefore, the effectiveness of victim advocates in the military is limited.

The Task Force reminds us that in civilian communities, medical personnel can provide privileged advice and counsel to victims, but this is not the case for military medical providers.  While a victim advocate may be available, the advocate must advise the victim that, should he or she decide to pursue an unrestricted report of the assault, all communications between the advocate and the victim are discoverable by the alleged assailant’s attorney.

As it stands now, the only legal source of confidential advice for a victim from the military community is a lawyer or a chaplain, but many victims are reluctant to seek help from a chaplain about a sexual matter.

In contrast, in the civilian world, 35 states have granted effective privilege to communications between victims and victim advocates.

The Task Force recommends that Congress enact into the Uniformed Code of Military Justice, a comprehensive military justice privilege for communications between military victims of sexual assault and victim advocates.

Victims don’t know their rights and are dissatisfied with treatment in investigative process

The Task Force found that sexual assault victims are frequently dissatisfied with their treatment during the investigative process, often because they participate in this process without fully understanding their rights and the limitations of their rights.

The Task Force recommends that victims of sexual assault be immediately made aware of their rights including the opportunity to consult with legal counsel during the investigative process.

Perhaps a headline in military newspapers and in military recruiting stations and basic training facilities “If you are raped, ask for a lawyer” might be an effective way of communicating this information!

No certification required for DOD victim advocates

While many victim advocates volunteer for the duty, others are appointed as an extra duty by the unit commanders and have very little interest or compassion for the victims.  DOD has never required formal certification for its victim advocates.

The Task Force recommends that DOD require response personnel and victims advocates receive more specialized training on sexual assault response and also service members who report they were sexually assaulted be afforded the assistance of a nationally certified victim advocate.

Rape of men in the military

The social pressure within military units against reporting sexual assault and rape is extremely intense, and particularly for male soldiers.

The Task Force acknowledges that sexual assault of men in the military is under reported (p. 34).   In Congressional testimony in the summer of 2008, Lt. Gen. Rochelle, the Army chief of personnel, reported the little known statistic that 12 percent (approximately 260) of reported 2200 rapes in the military in 2007 were reported by military men victims.

Interestingly, the lead story of rape chronicled in the Task Force report was not the rape of a woman soldier, but the rape of a male soldier.  Private First Class Cody Openshaw was raped by a non-commissioned officer in charge of the medical holding unit where Openshaw was assigned to recover from injuries following a parachute accident.  Openshaw was threatened by the NCO and never reported the rape.  Five years later he finally acknowledged the rape and sought assistance because of his nightmares, excessive drinking and his increasing isolation. He ended up committing suicide.

The Task Force recommends establishment of gender-specific medical care protocols for victims of sexual assault to provide immediate treatment to victims for their injuries; to provide screening and treatment for sexually transmitted diseases; and to provide a forensic examination to assist law enforcement efforts.

Sexual assault within the ranks is antithetical to the trust and camaraderie that defines military culture”

Military Personnel Subcommittee chair Susan Davis ended her opening statement at the February 3, 2010 hearing with “Sexual assault within the ranks is antithetical to the trust and camaraderie that defines military culture. Any sexual assault undermines the moral foundation of our Armed Forces and does irreparable harm to unit cohesion. Hopefully today’s hearing will help us chart a legislative course to make progress in our goal to eliminate sexual assaults in the military.”

It’s a crisis when legislation is needed to make progress to eliminate sexual assaults in the military

Congresswoman Davis’ comment that the elimination of sexual assaults and rape in the military needs a “legislative course” reflects the key, under-lying problem women and men victims are facing-unresponsive leadership of both commissioned and non-commissioned officers, who provide the foundation of the military’s culture.

As citizens, we should recognize that there is a crisis in our military when the Congress feels it must step in with legislative fixes to try to stop these criminal acts when military leadership refuses to take appropriate steps on its own.

Ann Wright is a 29 year US Army/Army Reserves veteran who retired as a Colonel and a former US diplomat who resigned in March, 2003 in opposition to the war on Iraq.  She served in Nicaragua, Grenada, Somalia, Uzbekistan, Kyrgyzstan, Sierra Leone, Micronesia and Mongolia.  In December, 2001 she was on the small team that reopened the US Embassy in Kabul, Afghanistan.  She is the co-author of the book “Dissent: Voices of Conscience.”  (www.voicesofconscience.com)  She has written extensively on rape and murder in the U.S. military.

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