Pentagon using change in diagnoses to hide sexual assault cases, critics charge Switch from ‘personality’ to ‘adjustment’ disorder discharges

Lawmakers say they fear the Defense Department has found a new way to drum sexual assault victims out of the service: by diagnosing adjustment disorder and having them discharged from the military.

It’s the latest technique the department has used to retaliate against troops who report they were sexually assaulted, according to members of Congress who are determined to use this year’s defense policy debate to curtail the practice and get justice for the service members who they say were illegally discharged in the past.

“It’s like a ‘Whac-A-Mole,’” said Rep. Jackie Speier, California Democrat. “Every time we shut them down on something, they’ll find a way around it.”

Read more here.

Loopholes in the Military Justice System

Article 92 UCMJ

Prevention

  • Focus on victim “Don’t get raped”
  • Lack of focus on MO of predators
  • No deterrents or stiff punishments for violent crimes
  • No database to track predators & prevent crimes
  • Lack of punishment/accountability for those who retaliate
  • Empowerment/Leadership/Bystander Intervention

Recruiting

  • Moral waivers, waivers in general
  • No mental health pre-assessment
  • History of recruits with felony charges
  • Predators that flock to positions of trust
  • Autonomy in position, ability to isolate

Continue reading “Loopholes in the Military Justice System”

Prevent Sexual Assault, Rape, Suicide, and Murder in the Military

Military Sexual Assault

When I got involved in the ‘movement’ to end violence in the military, it was after serving fourteen years in the military. I went from one mission to another, and much like the military the purpose was clearly defined but those in charge swayed greatly from what was in writing. No matter what the job is whether it be in the military or in a movement, you need those in charge to be loyal to those who they are fighting for. Much like Community Planning, you need your ‘customer’ to have buy-in. Who are we fighting for? Our active duty military ultimately so we could prevent them from becoming disabled veterans.

I could have just walked away from the military and moved on with a happy, healthy life living with PTSD and on a fixed income BUT that is not who I am which is exactly what my point is. I reported violent crimes to prevent what happened to me from happening to anyone else. I stepped forward and spoke out publicly to do the same. In the meantime, we had all kinds of competing issues knocking us down or drowning us out. For example, despite being committed to preventing rape in the military, others were committed to promoting themselves, becoming famous, or maybe even ensuring women have access to the most dangerous job in America: combat.

Continue reading “Prevent Sexual Assault, Rape, Suicide, and Murder in the Military”

Marine Corps Prosecutor Lt. Col. Thomas Jasper Cleared of Inappropriate Touching by Board of Inquiry at Camp Pendleton (2014)

USMC

On March 1, 2014, Marine Corps Times published Marine sex-assault prosecutor accused of touching woman inappropriately but the article has since been deleted. History of the accusation against Marine prosecutor Lt. Col. Thomas Jasper was located on the Protect Our Defenders Blog. On April 1, 2014, the Marine Corps Times published Marine Corps prosecutor cleared of inappropriate touching and this too has been deleted. History that Lt. Col. Jasper was cleared of the inappropriate touching charge was found on Topix Camp Pendleton.

The Marine Corps Times shouldn’t be deleting history especially history that includes an individual was cleared of charges and is in fact considered an innocent man. Hastily reporting that an individual has been accused of misconduct has long lasting effects. The accusation will forever stay with Lt. Col. Thomas Jasper hence the reason for this post. Lt. Col. Jasper was cleared of the inappropriate touching charges and the Marine Corps Times didn’t do him any justice when they printed the accusation or deleted the fact that he was cleared of the charges.

CAAFlog “Thinking Slowly About Sexual Assault in the Military”:

k fischer says:

Now, what I want to know is why aren’t the national or military media runing with this story?  Why were they quick to villify him and report on a mere allegation as if it were gospel?

It’s because he was the Marine sex assault prosecutor.  What better way to advance the narrative that sexual assault in the Military is out of control and an epidemic if the persons who are charged with prosecuting sexual assault are committing sexual assault???

And, if your question was not merely a rhetorical one, then how does it change your views when the issue of (1) accuser privacy in the press vs. the presumed innocent accused’s lack of privacy in the press or (2) using the term “victim” to describe a complaining witness before anyone is ever convicted, hits so close to home?  I’m sure this is the way Brandon Wright feels right now, but he’s just an Airman first class, so it’s no big deal, right?  The Military has a war to win against it’s number one enemy.  Not Al Qaeda or the North Koreans, but the enemy called sexual assault.

Related Links:
Thomas Jasper | United States Marine Corps Judge Advocate
Marine sex-assault prosecutor accused of touching woman inappropriately (Marine Corps Times)
Marine sex-assault prosecutor accused of touching woman inappropriately
Marine Corps prosecutor cleared of inappropriate touching (Marine Corps Times)
“Thinking Slow About Sexual Assault in the Military” | CAAFlog
Marine Corps prosecutor cleared of inappropriate touching
Marine Lt Col Thomas Jasper – Guantanamo Bay Military Commissions
Iraqi captive at Guantánamo gets Marine lawyer who invaded Iraq
Alleged al Qaida commander fires legal team, paralyzing Guantánamo trial

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UPI: Sexual assault in U.S. military reflects culture of bullying (2014)

Stop the Bully

ALEXANDRIA, Va., March 19 (UPI) — The acceptance of bullying in U.S. culture contributes to sexual assault in the armed forces, experts say.

Mary Ellen O’Toole, editor-in-chief of Violence and Gender and retired FBI profiler and criminal investigator analyst led a roundtable discussion with Christopher Kilmartin of the U.S. Air Force Academy and Col. Jeffery Peterson of Center for Naval Analyses in Alexandria, Va., discussed specific factors that likely contribute to the sexual assault problem.

“The evidence is that the population of people who come into the U.S. military have more experience with sexual assault than the general population, both as offenders and as survivors. Survivors are at statistically increased risk of being revictimized, and offenders are at an increased risk for reoffending,” Kilmartin said at the roundtable.

Read more here.

VOR America: Jennifer Norris Discusses Sexual Misconduct in the Military (2014)

The Real News: Senate Unanimously Passes Sexual Assault Bill, But What Will it Change? (2014)

Jennifer Norris: Senate bill will still keep military sexual abuse cases within the chain of command of the military, leaving victims vulnerable to retaliation

Military Justice Improvement Act Falls Short of Votes & Substance

xl_deptofdefenselogoThe MJIA fell short of the votes it needed to pass in Congress. But it’s really nothing to get upset about because the bill falls short of substance.

The MJIA had good intentions. It gave the victim a different place to report other then an immediate supervisor or the Commander. It would have allowed victims to report to a military prosecutor instead. The bill also included all violent crimes, ie sexual assault, domestic violence, and murder.

But in reality, how is that going to work? There aren’t enough military prosecutors to report to. There was one, maybe two in the State of Maine JAG office and they were located hours if not days away from some of the places we trained and deployed.

Continue reading “Military Justice Improvement Act Falls Short of Votes & Substance”

S. 967: Military Justice Improvement Act of 2013 – U.S. Senate Voting Record (March 6, 2014)

MJIA.jpeg
Military Justice Improvement Act #PassMJIA

S. 967 – Military Justice Improvement Act of 2013 – Voting Record of U.S. Senate

NOTE: INVOKING CLOTURE REQUIRES A 3/5 MAJORITY OF THE SENATE. IT IS NOT A VOTE ON THE PASSAGE OF THE PIECE OF LEGISLATION, BUT LIMITS FURTHER DEBATE TO 30 HOURS. CLOTURE IS TYPICALLY USED TO END A FILIBUSTER. A FAILED CLOTURE VOTE OFTEN PREVENTS THE LEGISLATION FROM EVER COMING TO A VOTE.

NOTE: THIS LEGISLATION NEEDED A THREE-FIFTHS MAJORITY VOTE TO PASS.

Date: March 6, 2014
Issues: Crime, Military Personnel, Women
Bill: Military Justice Improvement Act of 2013
Roll Number: 59
Yea: 55
Nay: 45
Cloture Not Invoked (Senate)

Gillibrand brings victims’ voices to Senate floor in fight for military justice -U.S.Senator Kirsten Gillibrand (March 6, 2014)

Before Senate Vote, Hirono Urges Colleagues To Pass Military Justice Improvement Act -Mazie Hirono (March 6, 2014)

Sen. Paul joined Senate colleagues to urge passage of the Military Justice Improvement Act. This piece of bipartisan legislation will combat sexual assault and other violent crimes in the military by restructuring the way in which they are reported and prosecuted. -Senator Rand Paul (March 6, 2014)

Floor Statement on the Military Justice Improvement Act -Senator Chuck Grassley (March 6, 2014)

U.S. Senator Jeanne Shaheen (D-NH) went to the Senate floor to reiterate her support for the Military Justice Improvement Act of which she is an original co-sponsor and call for its immediate passage. -Senator Jeanne Shaheen (March 6, 2014)

U.S. Senator Susan Collins spoke on the Senate floor today in strong support of legislation coming before the Senate that would address the crisis of sexual assault in the military. -Senator Susan Collins (March 6, 2014)

(Washington, D.C.) — Yesterday on the Senate floor, U.S. Senator Dean Heller (R-NV) spoke in support of Senator Kirsten Gillibrand’s (D-NY) bipartisan Military Justice Improvement Act (S. 1752). -[Former] Senator Dean Heller (March 6, 2014)

The Senate came within five votes of passing a major change to the military’s command structure. An amendment by Sen. Kirsten Gillibrand, D-N.Y., would have stripped commanders of authority over sexual assault cases and put everything in the hands of seasoned military trial lawyers. -CBS Evening News (March 6, 2014)

Senator Ted Cruz speaks out in support of a military sexual assault bill that was blocked in the Senate. -CNN (March 6, 2014)

PBS NewsHour: Hirono Fights For Military Justice Improvement Act -Mazie Hirono (March 7, 2014)

Senator Brian Schatz’s remarks on failure of Military Justice Improvement Act passage -Hawaii247.com (March 7, 2014)

Editors Note: The Senator’s name with a link is a Senator still serving in the U.S. Senate (as of June 24, 2019). You can click on the link and it will take you to their official Senate page. The Senators without a link have been voted out, left, retired, or died. If you click on the Vote link Yea or Nay, it will take you to the Senator’s twitter page. You can thank them for supporting the MJIA or remind those who voted Nay why the MJIA is so important.

State District Name Party Vote
AK Jr Sen.  Mark  Begich Democratic Yea
NH Sr Sen.  Jeanne  Shaheen Democratic Yea
MD Sr Sen.  Barbara  A.  Mikulski Democratic Yea
MN Jr Sen.  Al  Franken Democratic Yea
VT Jr Sen.  Bernard  ‘Bernie’  Sanders Independent Yea
MN Sr Sen.  Amy  Klobuchar Democratic Yea
TX Jr Sen.  Rafael  Edward  ‘Ted’  Cruz  Republican Yea
NM Jr Sen.  Martin  T.  Heinrich Democratic Yea
MA Sr Sen.  Elizabeth  A.  Warren Democratic Yea
HI Sr Sen.  Brian  Emmaneul  Schatz Democratic Yea
NY Jr Sen.  Kirsten  E.  Gillibrand Democratic Yea
CA Sr Sen.  Dianne  Feinstein Democratic Yea
PA Sr Sen.  Robert  P.  ‘Bob’  Casey  Jr. Democratic Yea
IN Sr Sen.  Joe  Donnelly  Sr. Democratic Yea
CT Jr Sen.  Christopher  S.  ‘Chris’  Murphy Democratic Yea
HI Jr Sen.  Mazie  K.  Hirono Democratic Yea
NV Sr Sen.  Dean  Heller Republican Yea
KY Sr Sen.  Mitch  McConnell Republican Yea
CA Jr Sen.  Barbara  Boxer Democratic Yea
VT Sr Sen.  Patrick  J.  Leahy Democratic Yea
DE Jr Sen.  Christopher  A.  ‘Chris’  Coons Democratic Yea
CO Sr Sen.  Michael  Farrand  Bennet Democratic Yea
LA Sr Sen.  David  B.  Vitter Republican Yea
WA Sr Sen.  Patty  Murray Democratic Yea
IA Sr Sen.  Charles  E.  ‘Chuck’  Grassley Republican Yea
ND Jr Sen.  Heidi  Heitkamp Democratic Yea
WV Sr Sen.  John  D.  ‘Jay’  Rockefeller  IV Democratic Yea
NJ Sr Sen.  Robert  ‘Bob’  Menendez Democratic Yea
OR Jr Sen.  Jeffery  A.  ‘Jeff’  Merkley Democratic Yea
LA Sr Sen.  Mary  L.  Landrieu Democratic Yea
CO Sr Sen.  Mark  E.  Udall Democratic Yea
AR Sr Sen.  Mark  Lunsford  Pryor Democratic Yea
ME Sr Sen.  Susan  M.  Collins Republican Yea
IL Sr Sen.  Richard  J.  ‘Dick’  Durbin Democratic Yea
WY Sr Sen.  Michael  B.  ‘Mike’  Enzi Republican Yea
WA Jr Sen.  Maria  Cantwell Democratic Yea
MI Sr Sen.  Debbie  Ann  Stabenow Democratic Yea
NY Sr Sen.  Charles  E.  ‘Chuck’  Schumer Democratic Yea
OR Sr Sen.  Ron  Wyden Democratic Yea
IA Jr Sen.  Thomas  ‘Tom’  Harkin Democratic Yea
OH Sr Sen.  Sherrod  C.  Brown Democratic Yea
NJ Jr Sen.  Cory  A.  Booker Democratic Yea
NE Sr Sen.  Mike  O.  Johanns Republican Yea
NM Sr Sen.  Thomas  S.  ‘Tom’  Udall Democratic Yea
KS Jr Sen.  Jerry  W.  Moran Republican Yea
NV Sr Sen.  Harry  M.  Reid Democratic Yea
MD Sr Sen.  Benjamin  L.  ‘Ben’  Cardin Democratic Yea
KY Jr Sen.  Rand  Paul Republican Yea
SD Sr Sen.  Timothy  Peter  ‘Tim’  Johnson Democratic Yea
MA Jr Sen.  Edward  J.  ‘Ed’  Markey Democratic Yea
MT Jr Sen.  John  E.  Walsh Democratic Yea
NC Jr Sen.  Janet  R.  ‘Kay’  Hagan Democratic Yea
AK Sr Sen.  Lisa  A.  Murkowski Republican Yea
CT Sr Sen.  Richard  ‘Dick’  Blumenthal Democratic Yea
WI Jr Sen.  Tammy  Baldwin Democratic Yea
MT Sr Sen.  Jon  Tester Democratic Nay
IL Jr Sen.  Mark  Steven  Kirk Republican Nay
ID Jr Sen.  James  E.  ‘Jim’  Risch Republican Nay
FL Sr Sen.  Marco  Rubio Republican Nay
ND Sr Sen.  John  H.  Hoeven Republican Nay
RI Jr Sen.  Sheldon  Whitehouse Democratic Nay
WI Sr Sen.  Ron  Johnson Republican Nay
VA Sr Sen.  Mark  R.  Warner Democratic Nay
SC Jr Sen.  Timothy  E.  ‘Tim’  Scott Republican Nay
VA Jr Sen.  Timothy  M.  ‘Tim’  Kaine Democratic Nay
TN Jr Sen.  Robert  ‘Bob’  Corker Republican Nay
DE Sr Sen.  Thomas  Richard  ‘Tom’  Carper Democratic Nay
NE Sr Sen.  Deb  Fischer Republican Nay
AZ Sr Sen.  Jeff  Flake Republican Nay
NH Jr Sen.  Kelly  A.  Ayotte Republican Nay
MS Sr Sen.  Roger  F.  Wicker Republican Nay
ID Sr Sen.  Michael  D.  ‘Mike’  Crapo Republican Nay
UT Sr Sen.  Orrin  G.  Hatch Republican Nay
GA Sr Sen.  Clarence  Saxby  Chambliss Republican Nay
FL Sr Sen.  William  Clarence  ‘Bill’  Nelson  Sr. Democratic Nay
AL Sr Sen.  Richard  C.  Shelby Republican Nay
MO Sr Sen.  Claire  McCaskill Democratic Nay
ME Jr Sen.  Angus  S.  King  Jr. Independent Nay
RI Sr Sen.  John  Francis  ‘Jack’  Reed Democratic Nay
MO Sr Sen.  Roy  Blunt Republican Nay
TN Sr Sen.  Lamar  Alexander Republican Nay
SD Sr Sen.  John  R.  Thune Republican Nay
IN Sr Sen.  Daniel  R.  ‘Dan’  Coats Republican Nay
UT Sr Sen.  Michael  ‘Mike’  Lee Republican Nay
PA Jr Sen.  Patrick  J.  ‘Pat’  Toomey Republican Nay
OH Jr Sen.  Robert  J.  ‘Rob’  Portman Republican Nay
MS Sr Sen.  Thad  Cochran Republican Nay
TX Sr Sen.  John  Cornyn Republican Nay
NC Sr Sen.  Richard  M.  Burr Republican Nay
SC Sr Sen.  Lindsey  O.  Graham Republican Nay
AZ Sr Sen.  John  Sidney  McCain  III Republican Nay
OK Sr Sen.  James  M.  ‘Jim’  Inhofe Republican Nay
MI Sr Sen.  Carl  Levin Democratic Nay
NA None  Jefferson  Beauregard  ‘Jeff’  Sessions  III Republican Nay
KS Sr Sen.  Charles  Patrick  ‘Pat’  Roberts Republican Nay
WY Jr Sen.  John  Barrasso Republican Nay
WV Sr Sen.  Joseph  ‘Joe’  Manchin  III Democratic Nay
GA Sr Sen.  John  H.  ‘Johnny’  Isakson Republican Nay
OK Jr Sen.  Thomas  Allen  ‘Tom’  Coburn Republican Nay
AR Sr Sen.  John  N.  Boozman Republican Nay

Related Links:
S. 967 – Military Justice Improvement Act of 2013
S. 967 – Military Justice Improvement Act of 2013 – Voting Record of U.S. Senate
S. 967 – Military Justice Improvement Act of 2013 – National Key Vote
Comprehensive Resource Center for the Military Justice Improvement Act
Gillibrand brings victims’ voices to Senate floor in fight for military justice
Before Senate Vote, Hirono Urges Colleagues To Pass Military Justice Improvement Act
Sen. Paul Speaks in Support of Military Justice Improvement Act
Floor Statement on the Military Justice Improvement Act
On Senate Floor Senator Shaheen Calls for Passage of Military Justice Improvement Act
Sen. Collins speaks in support of efforts to address military sexual assault
Heller Speaks About Military Sexual Assault Legislation
Senate blocks change to military sexual assault cases
Sen. Cruz: They didn’t sign up to be sexually assaulted
PBS NewsHour: Hirono Fights For Military Justice Improvement Act
Senator Brian Schatz’s remarks on failure of Military Justice Improvement Act passage
The war in Congress over rape in the military, explained
Senate Armed Services Committee Members & House Armed Services Committee Members (June 21, 2019)

Senator Collins speaks in support of efforts to address military sexual assault

WASHINGTON, D.C. – U.S. Senator Susan Collins spoke on the Senate floor today in strong support of legislation coming before the Senate that would address the crisis of sexual assault in the military.

“Since 2004, I have been sounding the alarm over the military’s ineffective response to the growing crisis of sexual assault in the military, including the need to ensure appropriate punishment for the perpetrators, to provide adequate care for the survivors of such reprehensible crimes, and to change the culture across the military so that sexual assault is unthinkable,” said Senator Collins, who first raised this issue during an Armed Services Committee hearing ten years ago.

In her remarks on the Senate floor, she singled out for praise the courage of two Mainers who have come forward to tell their stories.

“I also want to acknowledge the courage and conviction of Jennifer Norris and Ruth Moore – two Mainers who were sexually assaulted while serving and have made it their mission to change the broken system that does not put victims first. Through their advocacy, they have helped to shine a light on this crisis and deserve our gratitude.”