Courier Journal: Marine’s conviction for rape of Kentucky woman overturned (June 5, 2014)

marinesexassaultoverturned
Stephen Howell, US Marine Corps

In its May 22 ruling, the Navy-Marine Corps Court of Criminal Appeals said Commandant Gen. James Amos’ push against sexual assault was unlawful command influence. The court set aside the 19-year sentence at Fort Leavenworth, Kan., that was handed down in October 2012 to Staff Sgt. Stephen P. Howell. He was convicted in a military court trial at Parris Island, S.C., of rape, forcible sodomy, adultery and other charges involving a Lexington, Ky., woman.

Read more here.

UCMJ: 837. ART. 37. UNLAWFULLY INFLUENCING ACTION OF COURT

(a) No authority convening a general, special, or summary court-martial, nor any other commanding officer, may censure, reprimand, or admonish the court or any member, military judge, or counsel thereof, with respect to the findings or sentence adjudged by the court, or with respect to any other exercises of its or his functions in the conduct of the proceedings. No person subject to this chapter may attempt to coerce or, by any unauthorized means, influence the action of a court-martial or any other military tribunal or any member thereof, in reaching the findings or sentence in any case, or the action of any convening, approving, or reviewing authority with respect to his judicial acts. The foregoing provisions of the subsection shall not apply with respect to (1) general instructional or informational courses in military justice if such courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of courts-martial, or (2) to statements and instructions given in open court by the military judge, president of a special court-martial, or counsel.

(b) In the preparation of an effectiveness, fitness, or efficiency report on any other report or document used in whole or in part for the purpose of determining whether a member of the armed forces is qualified to be advanced, in grade, or in determining the assignment or transfer of a member of the armed forces or in determining whether a member of the armed forces should be retained on active duty, no person subject to this chapter may, in preparing any such report (1) consider or evaluate the performance of duty of any such member, as counsel, represented any accused before a court-martial.

Pentagon Says Uncovering the Truth about Military Sexual Violence Is Too Burdensome. Huh?

It’s often said that people should be judged by their actions, not merely their words. The same is true of institutions, even the Department of Defense (DoD).

Facing intense criticism for how it responds to sexual violence within the military, the Pentagon has said: “Sexual Assault is a crime that is not tolerated, condoned, or ignored in the DoD. It is one of the most serious challenges facing our military.”

Yet, in Freedom of Information Act (FOIA) litigation that has now been pending for three years, the Pentagon argues that releasing its records regarding military sexual violence is too “burdensome,” because it involves a large number of documents. But that raises more questions than it answers: Doesn’t the volume of documents only confirm the magnitude of sexual assault in the military? Why is the DoD opposing efforts to shed further light on military sexual violence, a necessary step to creating effective solutions?

Read more here.

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.

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”

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)

What Are the Impacts of Stalking or Cyberstalking on a Veteran with PTSD: The Take Down

Cyberbullying

Continue reading “What Are the Impacts of Stalking or Cyberstalking on a Veteran with PTSD: The Take Down”

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

Clear Pattern of the Army Tossing Soldiers Who Have PTSD

The Wounded Platoon
The Wounded Platoon (PBS)

Day after day I hear first hand accounts of not only the Army but all of the Armed Forces forcing troops out for PTSD or some trumped up misconduct charge. And what really gets my goat is that these are people who have been in the military for a long time, have deployed overseas, and now suffer from some kind of war injury. Is this the way that you envisioned the military would treat our troops after all that they have sacrificed.

I find it ironic that Officers who get caught with felony charges can quietly retire after the media blows it up to hold them accountable. Yet a soldier who has been in 19 years, did four rotations overseas, and snapped on the fourth rotation because you sent them there knowing they had PTSD, gets the bad conduct discharge. This is criminal. How dare you Army do this to someone with 19 years of dedicated service. What happened to the whole person concept? Why is it that a fight or flight response is now being used against a soldier when the symptoms include disassociation, irritability, distrust, fear, etc. Why is it that you act like people are faking when they just did four tours of duty.

Continue reading “Clear Pattern of the Army Tossing Soldiers Who Have PTSD”