Vox: The War in Congress Over Rape in the Military, Explained (June 8, 2016)

By Emily Crockett

“Sexual assault is a huge problem in the US military. And for many victims, the process of reporting their crime and seeking justice can be as traumatic as their assault.

Most members of Congress and military officials agree that these basic facts are true, and that more reforms to the military justice system could help. But there’s a profound disagreement on how, and how much, the system needs to change.

The US Senate is expected to vote this week on the Military Justice Improvement Act (MJIA). Advocates, who have been pushing for the MJIA since 2013, say the reform would make the process of prosecuting sex crimes a lot easier and smoother for victims and help victims feel more empowered to come forward and report the crimes against them.

An unusual bipartisan cadre of senators support the MJIA, from Elizabeth Warren to Ted Cruz. But the Pentagon adamantly opposes it, and many senators listen to the Pentagon when it says the MJIA would undermine “good order and discipline.” So there’s still no filibuster-proof, 60-vote majority for the measure, and it’s been defeated every year it’s come up.”

Read more here: The war in Congress over rape in the military, explained

Related Links:
Fort Hood Army Staff Sgt. Paul Norris Fatally Shot Spc. Kamisha Block in Murder-Suicide in Iraq; Family Calls for Congressional Hearings & Independent Investigations (August 16, 2007)
Camp Lejeune Marine Maria Lauterbach & Unborn Child Murdered, Remains Discovered in Marine’s Backyard; Cesar Laurean Sentenced to Life in Prison, No Parole (December 15, 2007)
HOR Oversight Subcommittee on National Security & Foreign Affairs Held a Hearing on Sexual Assault in the Military (July 31, 2008)
Former Representative Bruce Braley (D-IA) Introduced the Holley Lynn James Act (April 12, 2011)
Lauterbach Case Prompts Policy Reforms for Victims of Sexual Assault in the Military (December 25, 2011)
Air Force TSgt. Jennifer Norris Testified Before the House Armed Services Committee in Washington DC (January 23, 2013)
Stars and Stripes: ‘White House, Congress bear down on military sexual assault’ (May 16, 2013)
S. 967: Military Justice Improvement Act of 2013 – U.S. Senate Voting Record (March 6, 2014)
Army Pfc. Shadow McClaine Reported Missing at Fort Campbell; Ex-Husband Sgt. Jamal Williams-McCray & Spc. Charles Robinson Pleaded Guilty to Murder (September 2, 2016)
Army Pvt. Nicole Burnham Found Unresponsive in Fort Carson Barracks; Death Ruled Suicide After Sexual Assault, Retaliation & a Three Month Expedited Transfer Delay (January 26, 2018)
Rep. Mike Turner Says New Military Legislation Closes a Loophole & Includes Domestic Violence Victims in the Expedited Transfer Policy Law (May 1, 2018)
Gillibrand: The Military Justice Improvement Act Would Give Service Members a Justice System That Works (July 1, 2019)
House Armed Services Subcommittee on Military Personnel: Hearings on Domestic Violence in the Military (September 18, 2019)
Rep. Seth Moulton Introduces The Brandon Act to Change DoD Mental Health Policy, Pay Tribute to Fallen Navy Sailor Brandon Caserta (June 25, 2020)
Open Letter to House of Representatives in Support of an Independent Investigation of the Murder of Vanessa Guillen at Fort Hood (July 7, 2020)

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)

Politico: McCaskill’s ‘lonely’ sex-assault stand (2013)

My Approved PortraitsSen. Claire McCaskill is on the verge of a historic victory reforming the Pentagon’s sexual assault policies.

But rather than basking in acclaim during the debate’s climatic week in the Capitol, the Missouri Democrat finds herself paying a political cost for being an outlier within her own caucus. She’s the only one of the Senate’s 16 Democratic women opposing a much more sweeping change that removes the chain of command from prosecuting sexual assault and other major military crimes.

Read more from Politico here.

“Dear @clairecmc Thanks 4 railroading the Military Justice Improvement Act. Is it true that you have never served a day in your life? #MJIA,” Jennifer Norris, a Maine-based Air Force veteran who works with sexual assault victims…tweeted, referring to Gillibrand’s legislative proposal by its official name. -Politico

Editor’s Note: It appears the original tweet has disappeared and it was never deleted by Jennifer Norris. Also the tweet is not on the web version of the article but is still part of the mobile version of the article.

Senator Mazie Hirono (D-Hawaii) Cosponsored the Military Justice Improvement Act; Currently Serving as Senate Armed Services Committee Member (May 16, 2013)

Mazie Hirono
Senator Mazie Hirono (D-HI), Senate Armed Services Committee

Hawaii Delegation Backs Reforms Against Military Sexual Assaults (May 16, 2013) by Kery Murakami, Honolulu Civil Beat

New legislation would make it easier for victims of sexual assaults in the military to come forward.

“WASHINGTON, D.C. — A burgeoning scandal over sexual assaults in the military is fueling calls from congressional lawmakers on both sides of the aisle to support a bill that gives victims greater confidence that they’ll get justice. At an emotional press conference on Thursday where former service members spoke of being sexually assaulted while in the military, Sen. Mazie Hirono and Rep. Tulsi Gabbard joined a bipartisan group in both chambers in pushing for reform. The issue was a personal one for Gabbard, who served two tours of duty in the Middle East with the National Guard. Though she was not available for comment Thursday, she told CNN earlier this month that rape culture was prevalent during her first deployment to Iraq, to the point where soldiers were trained on protecting themselves from other soldiers.”

At [the] press conference, Jennifer Norris said she was raped while serving in the U.S. Air Force. “At first I was too afraid to report my assault to my chain of command, but two years later I was forced to report due to the escalation of the behavior and the fear that I would be raped again,” she said. Norris…said she’d been reluctant to report the rape because, “in the Air Force, I witnessed first hand what happens to those who stepped forward to report their assaults. I did not want to be stigmatized for reporting my assault — as I tried to move forward with my career. Instead, the best option for me was to try and endure it, to suck it up and try and make it until I could get transferred somewhere else — only to have it happen over and over again, like a recurring nightmare.” –Honolulu Civil Beat (May 16, 2013)

Read more from Honolulu Civil Beat here.

In the News:

U.S. Senator Mazie K. Hirono was joined today by victims of sexual assault in the military and organizations who assist victims of Military Sexual Trauma (MST) to announce new bipartisan, bicameral legislation that would reform the military justice system by removing the prosecution of all crimes punishable by one year or more in confinement from the chain of command, except crimes that are uniquely military in nature, such as disobeying orders or going Absent Without Leave. -Mazie Hirono (September 25, 2013)

Senator Mazie K. Hirono joined a diverse coalition, led by Senator Kirsten Gillibrand (D-NY), to call for the creation of a fair military justice system to reverse the systemic obstacles that sexual assault victims face. The Military Justice Improvement Act would remove the military’s chain of command’s sole decision-making power over whether cases move forward to trial. -Mazie Hirono (November 6, 2013)

Hirono Speaks In Support Of The Military Justice Improvement Act. -Mazie Hirono (November 14, 2013)

With Vote Looming, Hirono Urges Support For Military Justice Improvement Act -Mazie Hirono (November 20, 2013)

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

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

Senator Hirono Calls to Address Military Sexual Assault -Mazie Hirono (May 24, 2016)

Senator Hirono Presses Marine Corps Commandant for Commitment to Address Military Sexual Assualt -Mazie Hirono (March 14, 2017)

Related Links:
Senator Mazie Hirono (D-HI), Senate Armed Services Committee
S.967 – Military Justice Improvement Act of 2013
S.1752 – Military Justice Improvement Act of 2013
Rape victims testify about assaults in Military (March 13, 2013)
Hawaii Delegation Backs Reforms Against Military Sexual Assaults (May 16, 2013)
Tough military sexual assault bill introduced (May 17, 2013)
Hirono visits 25th Infantry Division, Schofield Barracks (April 8, 2013)
Hawaii delegation supports bill on military sexual assault (May 17, 2013)
Women in Congress Leading the Charge on Changing the Culture of Sexual Assault in the Military (May 18, 2013)
Women in the Senate Confront the Military on Sexual Assaults (June 3, 2013)
Senate set for battle over military sexual assault (June 12, 2013)
Diverse coalition behind Gillibrand sexual assault bill (July 16, 2013)
Military Sexual Assault Bill Would Reassign Authority (July 21, 2013)
Military Sexual Assault Bill Would Reassign Authority (July 21, 2013)
Hirono Joins Colleagues To Announce Bill To Stop Sexual Assault In The Military (September 25, 2013)
Hirono Calls For Fair Military Justice System For Survivors Of Sexual Assault (November 6, 2013)
Hirono Joins Bipartisan Group of Colleagues to Call for Fair Military Justice System for Sexual Assault Survivors (November 6, 2013)
Group of senators begin push to remove sex assault cases from chain of command (November 6, 2013)
McCaskill, Blunt seek to reform military sexual assault proceeding law (November 12, 2103)
Hirono Speaks In Support Of The Military Justice Improvement Act (November 14, 2013)
Rekha Basu: An epidemic of sexual assault in the military (November 19, 2013)
With Vote Looming, Hirono Urges Support For Military Justice Improvement Act (November 20, 2013)
Gillibrand, McCaskill Resume Military Sexual-Assault Debate (February 6, 2014)
Before Senate Vote, Hirono Urges Colleagues To Pass Military Justice Improvement Act (March 6, 2014)
PBS NewsHour: Hirono Fights For Military Justice Improvement Act (March 7, 2014)
Sens. Kirsten Gillibrand And Claire McCaskill Begin To Take On College Sexual Assault (April 4, 2014)
U.S. Senators Serious About Sexual Assault (April 21, 2014)
Retaliation Against Victims of Military Sexual Assault Still Persists (December 4, 2014)
Senators demand transparency in US military justice system (December 8, 2015)
Pentagon data on child sex crimes in the military doesn’t show full picture (January 4, 2016)
Senator Hirono Calls to Address Military Sexual Assault (May 24, 2016)
Senator Hirono Presses Marine Corps Commandant for Commitment to Address Military Sexual Assualt (March 14, 2017)
Hirono, Gillibrand Re-Introduce Legislation to Address Crisis of Military Sexual Assault (November 16, 2017)
Military Justice Improvement Act Targets Sex Assaults (November 20, 2017)
Defense Department targets Air Force Academy’s use of mental diagnoses to oust cadets who report sexual assault (March 1, 2018)
Pentagon IG opens evaluation of Air Force Academy sexual assault prevention office (March 1, 2018)
Senators Hirono, Gillibrand Reintroduce Legislation to Bring Justice to Survivors of Sexual Assault in the Military (June 14, 2019)
Senate Armed Services Committee Members & House Armed Services Committee Members (June 21, 2019)
Hirono Calls For Fair Military Justice System For Survivors Of Sexual Assault
Hirono Joins Colleagues To Announce Bill To Stop Sexual Assault In The Military
Senator Hirono Calls to Address Military Sexual Assault

Lauterbach Case Prompts Policy Reforms for Victims of Sexual Assault in the Military (December 25, 2011)

Maria Lauterbach
LCpl. Maria Lauterbach, U.S. Marine Corps

The family of slain Marine Lance Cpl. Maria Lauterbach is hailing recent provisions in the National Defense Authorization Act that profoundly change the way the Department of Defense will handle sexual assault charges.

The Defense STRONG Act has cleared both the House and the Senate and is awaiting President Barack Obama’s signature. Provisions include access to legal counsel for victims and the right to request a base transfer.

Lauterbach’s mother, Mary Lauterbach of Vandalia, said the new law would have made the difference in the case of her daughter, who was denied a base transfer after accusing fellow Marine Cesar Laurean of sexual assault. “Maria would be alive today if the base transfer had been available to her,” she said.

Turner concurred, “In civilian life you have complete control of your movements, and if you’re in an unsafe situation you can remove yourself. In military life, the victim needs permission to take even basic self-preservation actions.”

In the News:

New provisions handed down from the Department of Defense are giving sexual assault victims in the military rights they never had before. It’s all thanks to the fight from Congressman Mike Turner and a local mother Mary Lauterbach. The provisions make certain that a victim has legal counsel throughout the whole process so they understand what their legal rights are and how to protect themselves. The provisions also remove the accused from the situation and not the victim. -WKEF/WRGT (August 15, 2013)

A major hurdle cleared for sexual assault victims in the military. Congress passed a bill that would give victims rights and protection they never had before. The push came after the tragic murder of local marine Maria Lauterbach and her unborn son. Congress approved a bill that would give military sexual assault victims legal counsel and criminalize retaliation against any victim. “If Maria had had this, she would be alive today, it’s very important.” The bill now heads to President Barack Obama for his signature. -WKEF/WRGT (December 20, 2013)

Law protecting military victims of sexual assault discussed. -WDTN-TV (May 1, 2018)

Key changes in military policy

  • By executive order, communication between victims and victim advocates will now be privileged. Previously conversations between victim and victim advocates can be subpoenaed in court, making victims reluctant to come forward. Pending legislation HR 1540, passed by both the House and Senate, provides for:
  • Legal assistance for victims of sexual assault. Previously, only defendants in the military have been guaranteed access to a lawyer.
  • Stricter training guidelines and greater oversight for Sexual Assault Response Coordinators and Sexual Assault Victim Advocates.
  • Retention of sexual assault records with lifetime access for service members.
  • The victim’s right to a base transfer or unit transfer. Under the new law, these requests will be expedited, with decisions being made within 72 hours and the bias should be in favor of the victim.

Read more here.

Former Representative Bruce Braley (D-IA) Introduced the Holley Lynn James Act (April 12, 2011)

[Former] Rep. Bruce Braley introduces the Holley Lynn James Act — a bill to help victims of sexual assault and domestic violence in the military get justice. The bill is named after Holley Lynn James, a constituent of [former] Rep. Braley who was killed by her husband while both were in the service. -[Former] Rep. Bruce Braley (April 12, 2011)

In Their Name:

******************************************************************

Holley Lynn James Wimunc 2
2nd Lt. Holley Lynn James, U.S. Army

“The U.S. military could crack down on internal cases of sexual and domestic abuse. That’s if a bill that [former] Congressman Bruce Braley has written becomes law. The bill is named after this former Dubuque [Iowa] woman. In 2008, Holley Lynn James’ husband killed her at their home at a military base in North Carolina. Both James and her husband John Wimunc were in the military. [KCRG spoke with James’ father] Call it a gut feeling or a father’s intuition, during the spring of 2008 Jesse James knew something wasn’t right with his daughter’s marriage. ‘We were constantly calling the unit, calling the unit and they would do something but it didn’t last very long’ (Jesse James) Two months before her death, Army 2nd Lt. Holley James filed a domestic violence complaint with police against her estranged husband Marine Corporal John Wimunc.

[Wimunc] later killed Holley, dismembered her body, then set her apartment on fire. ‘The military has never had a system of investigating and prosecuting these cases’ (Jesse James). But [former] Congressman Braley’s new bill aims to change all that. It would create an Inspector General’s office to handle abuse cases. There would be a resource department for victims and would include a neutral third party investigator. ‘This isn’t an indictment on military leaders, it’s just that people who are more qualified with the life experiences to investigate and prosecute these things need to be doing it’ (Jesse James). James says he’ll never know but a department like this may have saved his daughter’s life…John Wimunc pleaded guilty to Holley James murder and a judge sentenced him to life in prison without parole. James had two children from a previous relationship. Jesse James says the children are doing well and living with their father…”

“Last year the Department of Defense reported more than 3000 instances of sexual assault in the military. Now [former] Iowa Congressman Bruce Braley has introduced legislation that aims to bring that number down. ‘When it has to do with woman serving their country in the military, I can’t think of a better reason for people to come together and come up with a solution to an alarming problem’ (Rep. Bruce Braley). In Dubuque today, Braley spoke about the Holley Lynn James Act. It would help victims of sexual and domestic abuse in the military. The bill is named after the Dubuque native and Army 2nd Lt. [Holley Lynn James] who was killed by her husband [John Wimunc] in 2008. The bill would enlist the office of Inspector General to provide independent oversight in reported cases.” –KCRG-TV (April 12, 2011)

Related Links:
Rep. Braley introduces Holley Lynn James Act (April 12, 2011)
H.R.1517 – Holley Lynn James Act (112th Congress, 2011-2012)
To amend titles 10 and 28, United States Code, to provide for military sexual assault and domestic violence accountability, and for other purposes.
Domestic Violence, Where Does it End? (Interview with Jesse James)
Braley says Defense Department moves involving domestic violence are encouraging
Accountability for Sexual Assault Perpetrator in the Military
Battle over dedication to the military
New Braley ad pushes Senate hopeful’s ability to work across party lines
Slain soldier’s father lauds Braley
Sgt. Bill Coffin Murdered Ex-Fiancee After Civilian Courts Issued Protective Order, Judge Alleges Army Routinely Ignores Court Orders (December 15, 1997)
Army Staff Sgt. Paul Norris Fatally Shot Army Spc. Kamisha Block in Iraq After She Ended a Forbidden Relationship, Then Ended His Own Life (August 16, 2007)
Camp Lejeune Marine Maria Lauterbach & Unborn Child Murdered, Remains Discovered in Fellow Marine’s Backyard; Cesar Laurean Sentenced to Life in Prison, No Parole (December 15, 2007)
Army Nurse Lt. Holley Lynn James Murdered by Marine Husband the Day After She Announced Divorce; John Wimunc Plead Guilty, Sentenced to Life in Prison (July 9, 2008)
HOR Oversight Subcommittee on National Security & Foreign Affairs Held a Hearing on Sexual Assault in the Military (July 31, 2008)
History: The Military And Domestic Abuse (2009)
Congress Told That DOD Data on Sexual Assault and Rape in Military Is ‘Lacking in Accuracy, Reliability and Validity’ (2010)
Lauterbach Case Prompts Policy Reforms for Victims of Crime in the Military (December 25, 2011)
Air Force TSgt. Jennifer Norris Testified Before the House Armed Services Committee in Washington DC (January 23, 2013)
Evidence Reveals Army Reserve Recruiter Adam Arndt Murdered High School Student & Recruit Michelle Miller, Then Killed Self; Army Claims Double Suicide (April 8, 2013)
WMAR-2 News: Family of Katherine Morris wants Dept. of Justice to investigate death (August 10, 2015)
An Open Letter to the Senate and House of Representatives in Support of the Military Justice Improvement Act (June 1, 2016)
Army Pfc. Shadow McClaine Reported Missing at Fort Campbell; Ex-Husband Sgt. Jamal Williams-McCray & Spc. Charles Robinson Pleaded Guilty to Murder (September 2, 2016)
Military Policy and Legislation Considerations for the Investigations of Non Combat Death, Homicide, and Suicide of US Service Members (2016)
Army Pvt. Paige Fontenot Briles Found Unresponsive in Vehicle at Fort Hood Housing in Texas; Initially CID Investigated as Homicide But Later Ruled Suicide (December 24, 2016)
30 Domestic Abuse Cases in the Military That Ended in the Murder of Female Partners
48 Hours NCIS Premiered ‘Trail of Fire’ on CBS: Holley Wimunc, Domestic Violence, and the Holley Lynn James Act (June 26, 2018)
Military Families for Justice