On May 11, 2009, SSG John Russell gunned down five of his fellow comrades at a mental health clinic at Camp Liberty in Iraq with his M-16. It was revealed that he had an argument with someone at the clinic, left, and came back with his gun. His crimes were determined to be premeditated. He was arrested and subsequently charged with murder and aggravated assault of another soldier that was seriously injured. Days before the killings witnesses noticed that he was distant and having suicidal thoughts. He was also scheduled to leave Iraq in a few days. He was tried for the murders of his fellow comrades and found guilty. He was sentenced to life in prison. But his family feels that the Army should also take responsibility for their actions. The family believes that John was broken and not treated for the injuries he sustained in combat, in the line of duty. SSG Russell was being treated for symptoms associated with Post Traumatic Stress with medications but it is believed that the psychotropics the military psychiatrists prescribed to him may have played a role in his actions. He was described as a kind, caring man up until the day he committed the unforeseen murders against his fellow soldiers.
Washington D.C. – During a news conference today, U.S. Senators Susan Collins and Kirsten Gillibrand (D-NY), along with a bipartisan group of their colleagues in the Senate and House, announced new 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.
Senators Collins and Gillibrand were joined by survivors of sexual assault in the military, including Jennifer Norris of Maine, and by representatives from organizations who assist victims of Military Sexual Trauma. The Military Justice Improvement Act would for the first time remove the decision whether to take a case to special or general court-martial completely out of the chain of command and give that discretion to experienced military prosecutors for all crimes punishable by one year or more in confinement, except crimes that are uniquely military in nature, such as disobeying orders or going AWOL.
“To be sure, the vast, overwhelming majority of our military personnel are honorable, conscientious, and respectful individuals, not rapists or harassers. It is for their sake that the pattern of covering up, blaming the victim, and failing to provide even the most basic protections that has been all too common for far too long must end,” said Senator Collins. “What does it say about us as a people, as the nation, as the foremost military in the world when some of our service members have more to fear from their fellow soldiers than from the enemy? This epidemic of sexual abuse cannot stand. We must ensure that justice is swift and certain to the criminals who have perpetuated these crimes.”
With tears streaming down her face, Jennifer Norris, a former Technical Sergeant in the Air Force, describes her harrowing experience with sexual assault and the difficulty she had in seeking justice within the military chain of command, saying, “The system is rigged against the victims” and in favor of the “often higher-ranking perpetrators.” [VIDEO]
Norris, who did not serve in Hawaii, 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.”
She never did get justice, she said, even when she did come forward. “My perpetrators were allowed to resign in lieu of Administrative Hearings, which would have become a matter of public record. My command never offered the chance to proceed with a court martial.”
She said, “If the chain of command had been removed from handling sexual assault cases before I was attacked I believe justice would have been served or perhaps it would have been prevented in the first place.”
“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.” -Jennifer Norris (Civil Beat, May 16, 2013)
Gillibrand: “I’m Distressed That The Victims’ Voices Aren’t Being Heard In This Debate
With tears streaming down her face, Jennifer Norris, a former Technical Sergeant in the Air Force, describes her harrowing experience with sexual assault and the difficulty she had in seeking justice within the military chain of command, saying, “The system is rigged against the victims” and in favor of the “often higher-ranking perpetrators.” [VIDEO]
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)
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)
CBS News: Former Air Force Sgt. Jennifer Norris, a rape victim, said, “Blaming a civilian hook-up culture for the epidemic does nothing but contribute to victim blaming, excusing perpetrators, and it belittles the serious nature of these crimes.”
She said the system is rigged against low-ranking service members. “Commanders who are responsible for the resolution of these cases are far too often biased in favor of the often higher-ranking perpetrators,” she said.
Norris spoke at a press conference at which Sen. Kirsten Gillibrand and other members of Congress pushed legislation that would allow victims to bypass their commanders.
As far as how to make that happen, the senator said, “Allow them to report directly to a military lawyer, a trained prosecutor, someone who understands sexual assault, and is the one who will do the investigation and then decide whether or not to bring it to trial.”
Virtually all media attention on a Pentagon report last week focused on an increase in service members’ claims of sexual abuse in an anonymous survey, but unmentioned were statistics showing that a significant percentage of such actually investigated cases were baseless. -Washington Times
An Air Force Academy cadet has been convicted by a court martial panel on a sexual assault charge and kicked out of the military.
Air Force Academy cadet Jamil Cooks, who pleaded guilty last week to unlawfully entering women’s dorm rooms at the academy, was convicted by a court martial panel on a charge of abusive sexual contact, the academy announced Sunday morning.
SrA Christopher Oliver was a basic military training instructor at Lackland Air Force Base in Texas. He was one of the 35 instructors courts martialed after a base-wide investigation into what is now referred to as the Lackland Sex Scandal. SrA Oliver was accused of having unprofessional relationships with at least 4 new recruits and was accused of sexual assault and sodomy with one of those trainees. He was also accused of adultery and using his rank and authority to gain sexual favors. SrA Oliver pleaded guilty to unprofessional relationships and adultery. Oliver was found not guilty of aggravated sexual assault. In June 2013, a military judge convicted him of consensual sodomy, wrongful sexual contact, adultery, and unprofessional relationships. He may be listed on the sex offender registry because of the wrongful sexual contact conviction. SrA Oliver was sentenced to two years in prison and was given a dishonorable discharge. Although the actions for which he was found guilty were unprofessional and in fact UCMJ infractions, they were not criminal in nature yet he was sentenced to 2 years in prison for consensual sex and adultery, a law that doesn’t exist in the civilian world. The Air Force gave SrA Oliver the fifth longest sentence in the Lackland Sex Scandal. SSgt Craig LeBlanc had the fourth longest sentence at 2 1/2 years for unprofessional relationships & adultery. SSgt Eddy Soto had the third longest sentence at four years for rape but Soto’s conviction was later overturned by the Air Force Criminal Court of Appeals. The rape charge lacked sufficient evidence to prove beyond a reasonable doubt. SSgt Luis Walker and MSgt Michael Silva both received twenty year sentences for rape and sexual assault.
Hearing is Gillibrand’s First As Chair Of Senate Armed Services Subcommittee On Personnel – Has Been Leading The Fight To End Sexual Violence In Military
Washington, D.C. – U.S. Senator Kirsten Gillibrand released the following prepared remarks of her opening statement at today’s Senate Armed Services Subcommittee on Personnel hearing examining sexual assault in the military:
“It is an honor and privilege to Chair this hearing of the Personnel Subcommittee this morning. I want to thank the Ranking Member of this Subcommittee, Senator Lindsey Graham, for his support and working with me to move this hearing forward as quickly as possible.
“I know that all of our colleagues on the Armed Services Committee share our deep commitment to improving the quality of life of the men and women who serve in our all-volunteer force on active duty, or in the National Guard and Reserves, their families, military retirees, and Department of Defense Civilian personnel.
“And that is why this hearing today is so important to me personally…and to thousands of servicemembers…and their families across the country.
“The issue of sexual violence in the military is not new. And it has been allowed to go on in the shadows for far too long. The scourge of sexual violence in the military should be intolerable and infuriating to us all. Our best, brightest, and bravest join our armed forces for all the right reasons – to serve our country, protect our freedom, and keep America safe.
“The United States has the best military in the world and the overwhelmingly vast majority of our brave men and women serving in uniform do so honorably and bravely. But there is also no doubt that we have men and women in uniform who are committing acts of sexual violence and should no longer be allowed to serve.
“Too often, women and men have found themselves in the fight of their lives not in the theater of war – but in their own ranks, among their own brothers and sisters, and ranking officers, in an environment that enables sexual assault.
“And after an assault occurs, an estimated 19,000 sexual assaults happened in 2011 alone according to the Defense Department’s own estimates…some of these victims have to fight all over again with every ounce of their being just to have their voice heard…their assailant brought to any measure of justice… and the disability claims they deserve fulfilled. Congress would be derelict in its duty of oversight if we just shrugged our shoulders at these 19,000 sons and daughters…husbands and wives…mothers and fathers…and did nothing. We simply have to do better by them.
“When brave men and women volunteer to serve in our military they know the risks involved. But sexual assault at the hands of a fellow service member should never be one of them.
“Because not only does sexual assault cause unconscionable harm to the victim — sexual violence is reported to be the leading cause of post-traumatic stress disorder among women veterans — but it destabilizes our military, threatens unit cohesion and national security. Beyond the enormous human costs both psychologically and physically, this crisis is costing us significant assets – making us weaker both morally and militarily.
“Already, this Committee and the Pentagon took some first steps on this issue as part of last year’s National Defense Authorization bill that President Obama signed into law. While obviously our work is not done, I am hopeful that we can build on these initial changes which include:
Ensuring that all convicted sex offenders in the military are processed for discharge or dismissal from the Armed Forces regardless of which branch they serve in;
Reserving case-disposition authority for only high-ranking officers in sexual assault cases;
Pushing the Pentagon to lift the combat ban that prevents women from officially serving in many of the combat positions that can lead to significant promotion opportunities. By opening the door for more qualified women to excel in our military, we will have increased diversity in top leadership positions, improving response from leadership when it comes to preventing and responding to sexual violence;
And an amendment introduced by my colleague Senator Jeanne Shaheen and based on my legislation, the MARCH Act, means that troops who become pregnant as a result of an act of rape no longer have to pay out of pocket to have those pregnancies terminated.
“Concerning our first panel of witnesses, I want to salute each of you for your courage today in telling your very painful and personal stories. It is my hope and belief that by committing this selfless act you are encouraging others to step forward and are also helping to prevent other crimes from going unpunished.
“We have a duty to you, and the thousands of victims you represent, to examine whether the military justice system is the most effective and fairest system it can be.
“Despite some very dedicated JAG officers, I do not believe the current system adequately meets that standard. The statistics on prosecution rates for sexual assaults in the military are devastating. Of the 2,439 unrestricted reports filed in 2011 for sexual violence cases – only 240 proceeded to trial. Nearly 70 percent of these reports were for rape, aggravated sexual assault or non-consensual sodomy.
“A system where less than 1 out of 10 reported perpetrators are held accountable for their alleged crimes is not a system that is working. And that is just reported crimes. The Defense Department itself puts the real number closer to 19,000! A system where in reality less than 2 out of 100 alleged perpetrators are faced with any trial at all is clearly inadequate and unacceptable.
“My view is that emphasizing institutional accountability and the prosecution of cases is needed to create a real deterrent of criminal behavior. The system needs to encourage victims that coming forward and participating in their perpetrator’s prosecution is not detrimental to their safety or future, and will result in justice being done. Because currently, according to the DOD, 47 percent of service members are too afraid to report their assaults, because of fear of retaliation, harm or punishment. Too many victims do not feel that justice is likely or even possible.
“We need to take a close look at our military justice system, and we need to be asking the hard questions, with all options on the table, including moving this issue outside of the chain of command, so we can get closer to a true zero tolerance reality in the Armed Forces. The case we have all read about at Aviano Air Base is shocking, and the outcome should compel all of us to take the necessary action to ensure that justice is swift and certain, not rare and fleeting.
“I had the opportunityto press Secretary Hagel on the issue of sexual violence in the military during his confirmation hearing. Secretary Hagel responded by saying, ‘I agree it is not good enough just to say zero tolerance. The whole chain of command needs to be accountable for this.’
“I could not agree more. I was very pleased with the Secretary’s public statement earlier this week that he is open to considering changes to the military justice system as well as legislation to ‘ensure the effectiveness of our responses to the crime of sexual assault.’
“It is with this spirit as our guide that I look forward to hearing from our witnesses.
“After Ranking Member Graham makes his opening remarks, we will hear testimony from my colleague from California, Senator Barbara Boxer who has been a leading voice on this issue. In last year’s Defense bill she successfully included an amendment that prohibits any individual who is convicted of a felony sexual assault from being issued a waiver to join the military.
“We will then have the following witnesses who have either been the victims of sexual assault while serving in the military, or are very knowledgeable advocates for addressing the issue of sexual assaults in the military:
Anu Bhagwati is Executive Director and Co-Founder of the Service Women’s Action Network. Anu is a former Captain and Company Commander, she served as a Marine officer from 1999 to 2004. While serving, Anu faced discrimination and harassment as a woman in the military, and has borne direct witness to the military’s handling of sexual violence.
BriGette McCoy, former Specialist in the U.S. Army. BriGette served in the U.S. Army from 1987 to 1991. She was just eighteen years old when she signed up to serve her country in the first Gulf War. While stationed in Germany from 1988 to 1991, she was sexually assaulted by a non-commanding officer.
Rebekah Havrilla, former Sergeant in the U.S. Army. Rebekah served in the U.S. Army from 2004 to 2008. She was the only female member of a bomb squad in eastern Afghanistan and was attacked by a colleague at Salerno Forward Operating Base near the Pakistani border during her last week in the country in 2007.
Brian Lewis, former Petty Officer Third Class, US. Navy. Brian enlisted in the U.S. Navy in June of 1997. During his tour aboard USS Frank Cable (AS-40), he was raped by a superior non-commissioned officer and forced to go back out to sea after the assault.
“I encourage you to express your views candidly and to tell us what is working and what is not working. Help us to understand what we can do to address this unacceptable problem of sexual assaults in the military.
“Later this afternoon at 2:00 p.m., we will have a third panel of witnesses from the Department of Defense, and the military services, including the Coast Guard. I want to acknowledge that many of those witnesses are here this morning to listen to the critically important testimony from our first and second panels and I would like to thank them for their participation.”
With tears streaming down her face, Jennifer Norris, a former Technical Sergeant in the Air Force, describes her harrowing experience with sexual assault and the difficulty she had in seeking justice within the military chain of command, saying, “The system is rigged against the victims” and in favor of the “often higher-ranking perpetrators.” [
CBS News: Former Air Force Sgt. Jennifer Norris, a rape victim, said, “Blaming a civilian hook-up culture for the epidemic does nothing but contribute to victim blaming, excusing perpetrators, and it belittles the serious nature of these crimes.”
MILITARY JUSTICE FOR ALL 