Rape Culture and the US Military, Pt. 3: Legislation

Jennifer NorrisRape Culture and the US Military, Pt. 3: Legislation

Part one and part two of this series has outlined the structural nature of rape culture in the US military that is made of and results in severe lack of trust, abuse of power, and a staunch unwillingness to make necessary changes. Those outside the command structure of the military however are more than ready to force them in line. Since February, six pieces of legislation have been introduced in Congress and the Senate that, together, tackle these problems in a comprehensive way.

The Ruth Moore Act, Military Sexual Assault Prevention Act, Service Members Mental Health Review Act, The STOP Act, Combating Military Sexual Assault Act, Military Justice Improvement Act

Read more: http://amplifyyourvoice.org/u/afy_samantha/2013/05/31/rape-culture-and-the-us-military-pt.-3-legislation

Military Justice Improvement Act

MJIAThe Military Justice Improvement Act was introduced on May 16th by Senator Kirsten Gillibrand. Of the six bills that have been introduced, this is the one that has gotten the most attention, likely because it dismantles the policies that allow the military’s rape culture to thrive.

“Under the legislation, discretion on whether to prosecute sexual assaults and other crimes punishable by more than a year in prison would be given to military prosecutors instead of the commanding officers.”

The bill also bans convening authorities from overturning a conviction or changing a conviction to a lesser offense. Taking the power away from the chain of command, giving it to legal professionals, and keeping it within the authority of military courts will fundamentally change the way that sexual assault cases are reported and prosecuted. This type of system has a much higher chance of being trusted and utilized by survivors.

Tamron Hall, host of News Nation on MSNBC, spoke with Jennifer Norris, a military rape survivor who was part of Senator Gillibrand’s press announcement on her new bill. She asked Norris about the confidence that women have in receiving justice under current policies.

“Women lost the confidence a long, long time ago. Hence the reason that today’s introduction of Senator Gillibrand’s bill was just so touching to me. It’s the first piece of legislation that actually has real substance to it to give us that confidence back.”

The kind of changes this bill would enact is being criticized by some who believe that making structural changes will cause more harm than good. The critics don’t seem to understand that wanting to hold on to this structure is the basis of the problem to begin with. Senator Lindsey Graham, for example, has said he is “adamantly opposed” to the bill and thinks “it will do a lot of damage.”

 “For 200 years, military commanders have been the court martial authority.”

“And sexual assaults are not on the rise because the military justice system lets people go. It’s on the rise because of the culture that’s created in the military.”

What the Senator doesn’t realize is that the culture of the military is what allows the military justice system to “let people go.” That’s how rape culture works. It’s structural. And unless and until you change that structure, the problem will remain the same.

By the Numbers:

Co-Sponsors: 17 (13D, 4R)

Status: In Committee (Senate Armed Services)

Estimated chance of being enacted: 2%

More information on the Military Justice Improvement Act can be found here.

Original Link: http://amplifyyourvoice.org/u/afy_samantha/2013/05/31/rape-culture-and-the-us-military-pt.-3-legislation

Wilkerson: Demotion, ouster politically motivated

USAF SealWilkerson: Demotion, ouster politically motivated

Lt. Col. James Wilkerson, the former Aviano Air Base, Italy, inspector general whose overturned sexual assault conviction triggered calls for change to long-standing military law, called his forced retirement and demotion to major an unfair and politically motivated decision.

“I emphatically disagree with [the] decision and believe my service record provides clear proof that I honorably served in the rank of lieutenant colonel, so much that I was promoted to colonel,” Wilkerson said in a statement to Air Force Times.

It is the first time Wilkerson has spoken publicly about his case.

Read more: http://www.airforcetimes.com/article/20131018/NEWS/310180012/Wilkerson-Demotion-ouster-politically-motivated

Congress Still Dragging Its Feet On Military Sexual Assault Reform

Seal of CongressCongress Still Dragging Its Feet On Military Sexual Assault Reform

Proposals to address a major flaw in the military’s policy for reporting rapes have languished in Congress.

(New York)– Every May, the U.S. Department of Defense issues statistics on rapes and sexual assault charges in the military in its Annual Report on Sexual Assault. In FY 2012, 3,374 sexual assaults were reported. That’s only part of the story. Those who work to treat and heal sexual violence, whether as survivors, advocates or therapists, say they know there is always underreporting.

In the same report, an anonymous survey of service members found 26,000 reports of sexual assault, 14,000 of which came from men. Many victims never come forward, fearful of repercussions in their military careers, and the ones that do often find their cases are dismissed or ignored, or they are told not to push the complaint.

Read more: http://www.mintpressnews.com/congress-still-dragging-its-feet-on-military-sexual-assault-reform/170734/

Command Influence to Figure in Navy Rape Case

US NavyCommand Influence to Figure in Navy Rape Case

Congress didn’t waste any time weighing in on the case either. Sen. Kirsten Gillibrand, D-N.Y., served notice that she will cite the Naval Academy sexual assault case in her efforts to legislate a major overhaul of the Uniform Code of Military Justice to take away commanders’ authority to refer charges and overrule decisions in courts-martial.

“It is time to move the sole decision-making power over whether serious crimes go to trial from the chain of command into the hands of non-biased, professionally trained military prosecutors — where it belongs,” Gillibrand said.

Read more: http://www.military.com/daily-news/2013/10/14/command-influence-to-figure-in-navy-rape-case.html?comp=700001075741&rank=1

Gillibrand won’t quit on sexual assault bill

Kirsten GillibrandGillibrand won’t quit on sexual assault bill

Gillibrand hasn’t yielded, recruiting flag officers and members of the judge advocate general corps to her side. She now has 46 senators, including Sen. Charles E. Schumer, the chamber’s No. 3 Democrat, publicly endorsing the amendment to the Defense Authorization Act containing the reforms. Sen. John McCain of Arizona, a 1958 Annapolis graduate, is not among seven Republicans supporting Gillibrand.

Don’t call it a women’s bill. It reaches to the very heart and soul of our armed forces, to their sense of decency, obedience and honor – to our war fighters’ ability to win conflicts.

Read more: http://www.buffalonews.com/columns/douglas-turner/gillibrand-wont-quit-on-sexual-assault-bill-20131014

Chain of command hurts justice and victims

Chain of command hurts justice and victims

Sexual assaults in the military undergo a lengthy process of reporting before perpetrators can be punished. Faced with the mountains of red tape that must be cut through to bring justice to their offenders, many victims decide not to report the assaults at all. Victims are afraid to confront their situation, fearing that the revelation of their case will affect their role in the military.

Even more problematic is that the victim must report it in their chain of command – which can pose hardships for the victim, Capt. Lory Manning explains in an article for PBS titled “Emails shed new light on military sexual assault case.”

Read more: http://www.dailytitan.com/2013/10/chain-of-command-hurts-justice-and-victims/

Two ex-Navy football players to go on trial in rape case despite judge’s recommendation

Eric Graham and Josh Tate

Two ex-Navy football players to go on trial in rape case despite judge’s recommendation

The superintendent of the U.S. Naval Academy set aside the recommendation of a military judge Thursday and ordered two former Navy football players to face court-martial in the alleged sexual assault of a female midshipman, attorneys for the accused men said.

Joshua Tate, 21, of Nashville, will be tried on a charge of aggravated sexual assault, and Eric Graham, 21, of Eight Mile, Ala., will be tried on a charge of abusive sexual contact. Both are also charged with making false statements.

Read more: http://www.washingtonpost.com/local/two-of-three-ex-navy-football-players-charged-in-alleged-rape-will-face-court-martial/2013/10/10/0544abaa-31ae-11e3-8627-c5d7de0a046b_story.html

Navy nominee stirs sexual-assault controversy

Jo Ann RooneyNavy nominee stirs sexual-assault controversy

Jo Ann Rooney, selected by President Barack Obama to be the next undersecretary  of the Navy, toed the Pentagon line Thursday in voicing deep skepticism about a  proposal by Sen. Kirsten Gillibrand (D-N.Y.) to remove the chain of command from  decisions to prosecute allegations of sexual assault and other major crimes in  the military.

Read more: http://www.politico.com/story/2013/10/navy-nominee-jo-ann-rooney-stirs-sexual-assault-controversy-98163.html?hp=r4

Betrayed Again

betrayalAs I wake up from this fog called PTSD, things start to become more and more clear.  I realize, much like my military career, my journey to healing is my own as well.  One of the hardest things to accept while serving my country was that I had no where to turn for help. I needed to maintain my own well-being so that I could continue to be a high functioning soldier.

After awhile I could not hide the fact that I had PTSD.  I didn’t have combat PTSD, I had an unnecessary PTSD from being raped, sexually assaulted, sexually harassed, and discriminated against by the very people who were supposed to have my back.  Although with the proper supports and help, we could have prevented the acute stress from becoming full blown compounded PTSD.

In the end, I realized that the original oppression AND retaliation for reporting those violent crimes is what truly damaged me.  I was completely taken by surprise.  I had no idea that I would ever be scorned and accused of causing a criminal to ‘lose their job’. I just assumed that I would be believed and taken care of.  Boy was I wrong.

During the investigation, I was physically attacked by one of the assailant’s friends at a local club.  I was knocked to the floor from behind resulting in an injury to my knee and a lost fingernail. Then I struggled away from the attacker while defending myself.  But it wasn’t the physical injuries that wrecked me, it was the reality that I truly should not take my safety for granted at any time, anywhere. My life would forever be different from that day forward.

After realizing who the assailants were, I made the connection to the Maine Air National Guard and reported the physical assault to the local police department. Unfortunately, they did not feel this was a priority and dropped the charges I had pressed.  I also informed my Commander at the time of what had occurred and he said there was nothing he could do about it because it happened off base (jurisdiction issues). The same ‘soldier’ who set me up to be attacked, and got away with it, was later convicted of a felony with jail time. He is still serving.  http://www.sunjournal.com/node/680035

The investigation by the Commander (my boss) was eventually concluded and the court date was scheduled. The day before our “Administrative Hearing” I was contacted by the Commander who informed me that both of the individuals we filed Equal Employment Opportunity complaints on were willing to plead out but that would mean that it would not be a matter of public record.  I wanted it to be over so I agreed to the terms. Of course I was fine with no public records because I wanted privacy. In essence what I did was unknowingly withdraw the original complaint and the whole thing disappeared.

I was willing to accept the pleas of the deal because they had to leave the squadron, not me.  I didn’t hurt anybody and just wanted to go back and continue with what I felt was a successful career.  But because of the way the military handles cases of violent crimes (or doesn’t handle), I was instead subjected to retaliation from those who chose to believe the criminal’s version of events over mine. These two criminals both retired with full military benefits.

I returned to relentless forms of retaliation that literally ran me out of the squadron.  First when I got back to the squadron, I realized that I no longer had the positions of leadership or authority that I once had (demoted), then they would assign me menial tasks that would ensure that I was by myself (isolated), then there were the verbal cues and statements made by the very bold who had no problem making it known to me that I was no longer a part of the team (bullying), and finally the entire Chain of Command held me up at every turn by denying me the training I needed to attain my promotions (withholding of training, promotions, etc.).

During all this retaliation, I found out that my father was dying of terminal cancer and only had six months to live.  I was working full-time as a civilian and at this point had limited my activity with the military to one weekend a month, two weeks a year.  I asked them if I could come in during the week to make up the drills while I assisted my father with getting to doctor’s appointments, getting groceries, and overall support on the weekends. Their response to my inquiry was, “This could go on for years.”

It would have been one thing if they actually counted on me to ensure the mission was fulfilled but at this point in my career, they didn’t even want me at the squadron yet were going to give me a hard time about spending time with my father who only had six months to live. My attitude was, I am planning on giving you at least twenty years, why can’t you give me six months? If I had to do it over again, I would have chose my dad again.

They wanted me to take a leave of absence.  I said, no, I can just come in during the week and make it up like everyone else.  They acquiesced.  Although, when I showed up during the week to start making up those drills, they started giving me a hard time. Basically, they started changing the standards because it was me.  Anything they could do to give me a hard time was exactly what they did despite the fact that I had acute PTSD from the assaults and my father was dying.

It was at that time that I decided enough was enough and I was going to continue my military career despite the sexual assaults and retaliation.  I transferred to the Massachusetts Air National Guard which was a four hour drive one way but it was worth it.  I loved serving my country, I loved my job, and I wanted to be a Chief some day. My new Commander understood my predicament with my father and was willing to work with me.

My Commander may have been supportive but the others in my Chain had been warned.  The old Chain of Command called the new Chain of Command and told them I was a troublemaker and to look out for me. Six months after transferring to my new squadron, my father passed, shortly after 9/11/2001. I knew that the Air Force had invested a lot in me and my training and I was not going to let all that taxpayer money go to waste because these freaks didn’t believe women could do maintenance.  I walked into a snake’s pit and it continuously got worse until I had to get an ‘expedited transfer’ (no such thing back then) from there too. The tragic events of 9/11 gave me the inner strength and fortitude to put up with these people’s crap for the next four years.

I was able to keep the sexual assaults and case under wraps when I transferred to my third squadron but eventually it came out because of my 10 year security clearance review. I had to report on that form that I had received counseling for Post Traumatic Stress Disorder from “military sexual trauma.” Had I received counseling specifically for grieving, spousal issues, or combat PTSD, I would have been exempt but because I was sexually assaulted on the job, not only did they want the information but they wanted my Department of Veteran Affairs records too.  Now everyone in the Chain of Command knew once again that I had been raped (no privacy).

I chose to walk away as opposed to have a security clearance that carried a mental health diagnosis of PTSD from sexual assault in the military. I have a right to confidentiality and I am not going to walk around the rest of my life branded as a rape or MST survivor.  I was TSgt Jennifer Norris, Satellite Communications Technician & Emergency Manager.  I truly did not understand why these evil deeds by others followed MY career around and were used not only to harm me personally but end my career as well.

At this point, the USAF had invested a lot of money in my thirteen year career.  It would have been great to have a resource other than my biased Commander who had the power to end my career. I needed someone who could have sat down and figured out what was best for me and the government after all the money they had invested in me.  I guarantee that had I been given the space and time to get the help that I needed, I could have had a successful career.  Instead, I carried a ‘scarlet letter’ and was silenced into shame because I was fearful of other’s reactions after what I had seen and witnessed personally.

In the end, I called truce deuces.  My health and happiness is much more important to me then their approval.  I have been able to focus on my marriage and my relationships with others.  Now that I am not being abused by others, I am able to heal and move forward. I have accepted that you people needlessly gave me PTSD and I will do everything in my power to prevent others from suffering with compounded PTSD from not only a crime against a person but also the resulting retaliation that occurs because you have unprofessionals handling law.

Is this how you would want to be treated if you were traumatized because a violent crime was perpetrated against you?  Guess what?  This is exactly the kind of thing that is happening to this day because the Chain of Command is in essence a gatekeeper to justice and the military does not have the resources to treat their soldiers effectively.  As evidenced by my own case, they do not want to have to report to anyone that a sexual assault or violent crime occurred during their watch. Instead, reporting this crime is used against you. That in and of itself is the ultimate betrayal.

I want a Commander who wants justice, is empathetic and wants me to heal, not one that is worried about their career.  I want other warfighters who are not going to turn on me because someone said something that wasn’t true out of spite.  I want a life that is free of abusers and bullies, hence the reason I married my husband.  I have been betrayed on so many levels in my life that I expect to be betrayed now.  And you know what?  Because of that betrayal, I can stand alone.  Everything happens for a reason.