Amy Schumer, a comedian, has depicted the unexpected turn your career takes when you become the victim of sexual assault in the military. We are not only harmed by the perpetrator but we are again harmed by the system. And currently we have two proposals in Congress that begin to address the issue. One is the Stop Act sponsored by Representative Jackie Speier. The other is the Military Justice Improvement Act sponsored by Senator Kirsten Gillibrand. Please watch the Amy Schumer video here before reading further.
If you keep up with Congressional efforts to address sexual assault in the military, you will find that the media discusses Senator Gillibrand’s Military Justice Improvement Act the most. But what most people do not know is that the MJIA was a compromise to our original efforts. I supported any efforts made by the Senate at the time considering we did not get the support we needed for the Stop Act from either the House of Representatives or military and women organizations. At the time, it was better then nothing and at least Senator Gillibrand addressed an option for our military members who do not report due to fear of retaliation from their Chain of Command. But it is only one element of the big picture.
The American Army Has a Huge Hidden Rape Problem (June 23, 2016)
“What happened to LaVena Lynn Johnson and so many others speaks to a Pentagon culture which more closely resembles a rogue government–than a legitimate branch serving under civilian control. It is highly telling that this family, along with the Tillman family each had to have a documentary film made JUST TO ALERT THE PUBLIC TO THE TRUTH OF PENTAGON COVER-UPS. I urge everyone to view this important documentary–before the local military recruiter mandated under No Child Left Behind–‘friends’ their child at school. God forbid, they could wind up coming home in a body bag–like LaVena.” Read more from Truthouthere.
In the News:
Pfc. LaVena Johnson died in Iraq on July 19th, 2005 and her family needs your help. -Unsolved Mysteries (September 26, 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
The 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.
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.
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.”
Sen. 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.
“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.
The Military Justice Improvement Act (MJIA), although not the final answer, is a great first step in our fight for justice for crime victims. Currently, the Department of Defense (DoD) estimates that 26,300 service members are victims of military sexual assault (touching). These numbers do not include other violent crimes, sexual harassment, stalking, bullying, hazing, etc. Of those numbers, the DoD estimates that more then half of them are male victims, which proves that this is not a female issue but instead a repeat offender issue.
The military’s current justice system elevates an individual Commander’s discretion over the rule of law. The MJIA legislation would help us create an impartial system where victims would feel safe to report. They are telling us in their own voices that they do not trust the Chain of Command to handle their cases effectively. Recent DoD studies have shown that 62% of those who reported were in fact retaliated against which reinforces others to remain silent.
The MJIA would not only give them a safe place to report confidentially but would allow a legal professional to determine whether or not a case should be tried in a court of law. The biggest problem with military sexual assault is underreporting. We can’t fix the problem unless the soldiers feel safe enough to report. We can’t rid the military of perpetrators if we do not work together to get a conviction and protect our military and civilians.
The 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.
Sen. Claire McCaskill is on the verge of a historic victory reforming the Pentagon’s sexual assault policies.
MILITARY JUSTICE FOR ALL 