Sexual assault in the U.S. military

There is supposed to be an ongoing problem with sexual assault in the U.S. military which has resulted in a series of scandals which have received extensive media coverage. Incidents which were publicized include the Tailhook scandal in 1991, the Aberdeen scandal in 1996 and the 2003 US Air Force Academy sexual assault scandal. In an attempt to deal with this problem the Defense Department has issued the Department of Defense Sexual Assault Response policy. A provision in the fiscal 2004 National Defense Authorization Act required investigation and reporting regarding sexual harassment and assault at the United States military academies. A report was published in the New York Times magazine in March, 2007 which surveyed women soldiers' experience in the Iraq War showing significant incidence of post traumatic stress syndrome resulting from the combination of combat stress and sexual assault. ["The Women's War" article by Sara Corbett in the New York Times magazine, March 18 2007]

Defense Task Force on Sexual Harassment and Violence at the Military Service Academies Report

The Defense Task Force on Sexual Harassment and Violence at the Military Service Academies issued its report on August 25 2005 which showed both a continuing problem and efforts to deal with it: [ [http://www.dtic.mil/dtfs/doc_recd/High_GPO_RRC_tx.pdf Report of the Defense Task Force on Sexual Harassment and Violence at the Military Service Academies] ]

Task force charter

The Task Force on Sexual Harassment and Violence atthe Military Service Academies was established on
September 23 2004, pursuant to Section 526 of PublicLaw 108-136, the National Defense Authorization Act forFiscal Year 2004. Congress directed the Task Force toassess and make recommendations concerning how theDepartments of the Army and the Navy may more effectivelyaddress sexual harassment and assault at the United States Military Academy and the United States Naval Academy. The Task Force consists of six members fromthe four branches of the Armed Forces and six membersfrom the civilian community.

ervice academy culture

Historically, sexual harassment and sexual assault have been inadequatelyaddressed at both Academies. Harassment is the moreprevalent and corrosive problem, creating an environmentin which sexual assault is more likely to occur. Althoughprogress has been made, hostile attitudes and inappropriateactions toward women, and the toleration of these bysome cadets and midshipmen, continue to hinder theestablishment of a safe and professional environment inwhich to prepare future military officers.Much of the solution to preventing this behavior restswith cadets and midshipmen themselves. They mustunderstand that the obligation not to engage in or toleratesexually harassing behavior is a values and leadership issue.Sexual harassment and assault are fundamentally at oddswith the obligation of men and women in uniform to treatall with dignity and respect. Those who seek to be futureleaders in the Armed Services are obligated to upholdstandards—not only in their own conduct but also in theirresponse to the conduct of others. Cadets and midshipmenwho observe harassing behavior and fail to interveneand correct it, in effect, condone that behavior. This tolerance,even if only by a few, of the attitudes demonstratedby offenders, undermines the standards essential to successfulleadership development. Accordingly, midshipmenand cadets must assume more responsibility for holdingothers accountable by intervening, confronting, and correctingeach other for failure to live up to the requiredstandards.

The Task Force also found that because female servicemembers are a minority, they are excluded from some of thehighly regarded combat specialties, and are held to differentphysical fitness standards. Some in Academy communitiesdo not value women as highly as men.Accordingly, the Task Force recommends: 1) Increase thenumber and visibility of female officers and Non-Commissioned Officers (NCOs) in key positions toserve as role models for both male and female cadets andmidshipmen. 2) Increase the percentage of women cadetsand midshipmen at the Academies within current service operational constraints. 3) Ensure consistent opportunities for women to be involved in leadership and Academy decision making, e.g. academic boards and admission boards.

The Task Force concludes the leadership, staff, faculty, cadets and midshipmen must model behaviors that reflect and positively convey the value of women in the military. In addition we recommend the Academies use modern survey and management tools on a permanent basis to provide information to oversight bodies.

Key findings and recommendations

Confidentiality

Confidentiality is a complicated matter with numerous implicationsfor both victims and commanders, as evidenced by theextended debate within the Department of Defense prior tothe approval of the new confidentiality policy. Confidentiality,as used in this report, refers to the privileged communicationsbetween victims of sexual assault and specified care providersand counselors. Confidentiality supports the provision oftimely and meaningful assistance to victims following a sexualassault. Privileged communication, however, is an issue ofextreme importance for commanders, not just victims.Commanders have principal responsibility for ensuring appropriatecare of victims, as well as for investigating and holdingaccountable those who have committed the related misconduct.In our view, commanders can do neither effectively withouta privileged reporting and counseling channel in place.The requirement that military medical facilities report cases ofsexual assault is but one example of the problems associatedwith a lack of confidentiality under current military regulations.This requirement may inhibit a victim from seekingnecessary medical care and lessen the likelihood the victim willreport the assault. Accordingly, the Task Force recommends:Congress should create a statutory privilege protecting communicationsmade by victims of sexual assault to health care providers and victim advocates.This privilege should extendto both medical and mental health care providers and to thosevictim advocates designated and trained to perform that dutyin a manner prescribed by DoD regulation.

Victims' rights and support

The Office of the Inspector General of the Department ofDefense’s Report on the Service Academy Sexual Assault andLeadership Survey, published in 2005 (presenting data from2004) stated that the majority of female victims of sexualassault did not report because of fear of disclosure and theresulting perceived ramifications. The Task Force recommends:Further maximize the use of existing and potentialavenues for victims’ support and reporting. Maximizingavenues for victims’ support provides more options for disclosure;expands the ability to obtain support and care; andassists in making informed decisions. Based on the guidelinesprovided in this report, the Academies should establisha plan to implement the new DoD Sexual Assault Responsepolicy and protocol and submit their plan to the Services inaccordance with the statute. The Task Force recommends:Provide training to all Academy personnel, to include cadetsand midshipmen, on the various reporting resources, thelevel of confidentiality afforded to each, as well as treatmentavailable to victims. Finally: Ensure victims are informed ofand afforded their federally mandated rights.

Offender accountability

At both Academies available records from the past tenyears reflect an extended period where alleged offenderswere not consistently or effectively held accountablethrough the criminal justice system. The past two yearshave witnessed improved efforts and limited success atholding sexual assault offenders accountable throughcourts-martials. Although the Task Force finds that the current programsare greatly improved, a key obstacle to increasing accountabilityfor rape and sexual assault is that current statutes,though flexible, do not reflect the full spectrum of criminalsexual behaviors encountered at the military serviceacademies and society at large. Therefore, the Task Forcerecommends that Congress revise the current sexual misconductstatutes to more clearly and comprehensivelyaddress the full range of sexual misconduct. Further, tofacilitate the pretrial investigative process, the Task Forcerecommends the amendment of Article 32 of the UCMJto permit commanders to close the proceedings to protectthe privacy of victims and alleged offenders.

Training and education

Although the Academies have expended considerableeffort in developing their sexual harassment and assaulttraining and education programs, current format andscheduling undermine their importance and continuity.Programs are poorly designed, over-reliant on cadet andmidshipmen instructors, inconveniently scheduled, andineffective in conveying key concepts. In addition, faculty,staff, and volunteers are inadequately trained on sexualharassment and assault issues. Accordingly, the Task Forcerecommends that classes addressing sexual harassmentand assault be graded, conducted during academic hours,instructed by qualified faculty members, and incorporate avariety of instructional methods. We also recommend theAcademies incorporate cadet and midshipmen educationon sexual harassment and assault into a mandatory academicgraded curriculum that addresses these subjects in alarger context of military leadership and/or ethics. Theseprograms should be integrated into the academic curriculumat various levels and progresses over the course ofcadets’ and midshipmen’s four-year career at theAcademies. In addition, the Academies need to establishan effective training program for faculty, staff, sponsors,and volunteers who work closely with cadets and midshipmen.All programs must be evaluated and updated on aregular basis.

Prevention

At both Academies, sexual harassment and assault preventionprogram execution and management is fragmentedand inadequate. In order to change prevailing attitudesand social norms we recommend that the Academiesdevelop an institutional sexual harassment and assaultprevention plan that is evaluated and updated annually.In addition, the Task Force found that TacticalNoncommissioned Officers and Senior Enlisted Leadersare underutilized resources in the prevention of sexualharassment and assault. Senior Noncommissioned Officerand Senior Enlisted Leader duties need to be clearlydefined and provide for greater direct interaction andinvolvement with cadets and midshipmen, particularlyduring evening and weekend hours.

Coordination between military and civilian communities

The insight from years of sexual assault reform in thecivilian community is that permanent solutions must becommunity solutions. The Task Force finds that theAcademies have limited formal relationships with locallaw enforcement and victim support agencies. The TaskForce recommends the Academies follow the DoD policyregarding establishing collaborative relationships withcivilian authorities for sexual assault victim support.Where informal relationships are more appropriate, theAcademies should endorse and validate these relationshipsthrough documentation.

Conclusion

The record of the two Academies, much like the record ofthe Department of Defense, is one of sporadic and incompleteattempts to eliminate sexual harassment and assault.Both the Naval and the Military Academies have madeprogress in addressing these issues over the last severalyears. The Academies need resources and support fromthe Services, DoD, and Congress to ensure success. Thechanges in law identified by this Task Force are a step inthat direction; good-faith efforts to implement Task Forcerecommendations, as well as continued surveys and oversight,will keep the Academies moving forward.

ee also

*Rape
*Sexual Assault
*Sexual violence

Notes

External links

* [http://www.dtic.mil/dtfs/ Defense Task Force on Sexual Harassment and Violence at the Military Service Academies]
* [http://www.dtic.mil/dtfs/doc_recd/High_GPO_RRC_tx.pdf Report of the Task Force (PDF file)]
* [http://www.usatoday.com/news/opinion/editorials/2005-03-27-our-view_x.htm USA Today editorial, "Sexual assaults in military bring shame, not action," March 27 2005]
* [http://www.stopmilitaryrape.org/ {"nationwide organization for Survivors of Military Sexual Trauma]
* [http://select.nytimes.com/gst/abstract.html?res=FB0F16FC3A550C7B8DDDAA0894DF404482&showabstract=1 "The Women's War"] article in the New York Times magazine March 18 2007 (Significant charge to read the article)