Senate Armed Services Subcommittee on Personnel Hearings: Sexual Assault in the Military (March 24, 2021)

“Sexual assault victims and victims’ advocates testified on the need for Congress to address prevention and handling of such cases in the military. The Senate Armed Services Subcommittee on Personnel convened the hearing and was considering various proposals, including making changes to the military justice system, to address how assault cases are prosecuted.”Sexual Assault in the Military | CSPAN.org (March 24, 2021)

Video:

Senate armed services committee holds hearing on sexual assault in the military
Senator Elizabeth Warren on Sexual Assault in the Military
Sen. Gillibrand: sexual assault in military an ‘epidemic’ that’s getting worse
How personal experience is guiding this military corp’s attempt to combat sexual assault
Sen. Gillibrand Pushes For Sexual Assault Reform In Military

Witness Testimony of Ms. Amy Braley Franck, Founder, Never Alone:

Download Testimony here.

Chairman Gillibrand, Ranking Member Tillis, and Members of the Committee, I thank you for this opportunity.  

My name is Amy Braley Franck I have been working with victims of sexual violence since 2006.  Currently employed as Victims’ Advocate at 416th Theater Engineer Command.  

I am currently being retaliated against for reporting Command for illegally concealing and failing to report 3 violent Sexual Assaults to Law Enforcement.  

I have been on a paid suspension since 20 November 2019 the day after I emailed LTG Charles Luckey the evidence.  I emailed the same evidence to the Chief of Staff of the Army, GEN James McConville on 22 November 2019.  I also sent this evidence to the Chairman of the Joint Chiefs of Staff, GEN Mark Milley and DOD SAPRO Admiral Burkhart and Nate Galbreath.  This evidence mirrors what was documented in the Ft. Hood Report. 

Sexual assaults and violent rapes not reported to CID or Law Enforcement, there was retaliation against victims and reporters of crimes, no Case Management Group or attendance for over a year.  

I have been left in this “suspension” after protecting victims and reporting command for over 16 months completely ostracized and isolated in retaliation.   

This evidence was reported to the Office of Special Counsel and the DOD IG  

The Army’s Internal 15-6 process has impeded justice for my victims and myself.  This internal investigative process does not allow for transparency and should be abolished. 

17-year-old Private in Granite City, Illinois reserve center was raped resulting in broken bones.  She had to stand next to her assailant in formation.  The Command’s illegal 15-6 investigation was documented in a Memorandum for Record. 

For over a year no one assisted her until I was notified in June 2019 but after my suspension, that ended. 

Advocates are continually blocked by layers of Command from protecting their victims.  When Commanders ignore the advice of Advocates, we have no recourse.  There are no consequences for Commanders when they violate law.      

Documented by the number of murders and murders by suicide.  Nicole Burnham’s, Brigade Commander Col John Mountford left Nicole in the same barracks at Camp Casey with her offenders raped and later gang raped tortured for over 82 days before her Transfer was executed.  Nicole is dead. 

Staff Sgt. Morgan Robinson’s first offender is still serving in the Oklahoma Army National Guard.  Staff Sgt. Robinson’s report of 9 Special Forces Soldiers placing a covering over her head, dragging her out of a tent and gang-raping her. Never investigated.  

An outstanding Soldier committed Suicide; she was not protected.  

Lavena Johnson’s brutal murder has never been investigated. The Army still states that it was a suicide.  

16 years later the toxic culture again exposed with the murder of Vanessa Guillen.  

This is not isolated to Fort Hood, documented across all components of the Military.   

Ft. Campbell April 2020 another victim of a gang rape was arrested illegally by CID and denied counsel. 

MG Shadley retired alerted MG Donna Martin.  Nothing was done. 

Never Alone helped Soldier with Suicidal Ideations.  She is still fighting to clear her record.     

Fort Bliss, 31 December 2020 Pfc. Asia Graham was found dead. Asia’s offender is identified as an accused serial rapist.   Walking free no pre-trial confinement.  He continued to live in the same barracks on the same floor with Asia and was moved into Headquarters Company with Asia until her untimely death. 

Asia’s leadership failed to protect her after she reported her rape in February 2020 not June.  

PVT Richard Halliday is still missing from Ft. Bliss. 

When victims and victim advocates speak out about the broken process and illegal actions of commanders.  We face severe retaliation.  

All felony crimes murder, rape, sexual assault, domestic violence do not belong within the chain of Command’s control to investigate or prosecute.   

Kamisha Block’s death deemed friendly fire, she was murdered due to Domestic Abuse. 

The Abuse of Power is real. 

In Italy the Provost Marshal,LTC Michae Parsons Army Garrison filed an espionage charge in Italian Court against an Army Spouse, Michela Morellato.  Retaliation for exposing Gen Harrington resulting in his firing and demotion.  This retaliation was reported to GEN Milley and IG.  Nothing was done.    

Illegal internal 15-6 process.  Ability to redact investigations. None of us will ever know the truth or get justice.   

Just this week my own sexual assault by a 2-star general still under investigation was improperly released to be weaponized against another sexual assault advocate during an unrelated court martial. The military has no checks and balances.    

I was raised in the military and a proud mother of a Veteran.  I will not stop until our Military is a safe.  “Sexual misconduct is an abuse of power and force protection issue.  The inability of commanders to execute essential command functions of “protection” is a significant threat to the United States Military’s ability to protect this great Nation.”  Soldiers should Never be Alone.

Other Witnesses:
Ms. Amy Marsh, Military Spouse
Mr. Quinton McNair, Former SARC/SHARP Victim Advocate
Ms. Brenda S. Farrell, Director, Defense Capabilities And Management, GAO
Mr. Eugene R. Fidell, Senior Research Scholar, Yale Law School Adjunct Professor Of Law, New York University Law School
Colonel Don M. Christensen, USAF (Ret.), President, Protect Our Defenders
Colonel Lawrence J. Morris, USA Ret. (No electronic testimony submitted)

Honoring the Fallen:

Related Links:
Sexual Assault in the Military | C-SPAN.org
SASC Sexual Assault in the Military Hearings Press Release (March 24, 2021) 
Senate armed services committee holds hearing on sexual assault in the military
Senate panel holds hearing on sexual assault in the military | FULL HEARING
Senate Armed Services Committee hearing on sexual assault in the military
How personal experience is guiding this military corp’s attempt to combat sexual assault
Transcript for Committee on Armed Services to Receive Testimony on Sexual Assault in the Military
Sen. Gillibrand: sexual assault in military an ‘epidemic’ that’s getting worse
Gillibrand renews push for military sexual assault reform
Gillibrand launches new push to punish sexual predators in the military
Pentagon leaders have opposed plans overhauling the military system for trying sexual assault for years. Has the time come for change?
‘Just heartbreaking’: Sen. Gillibrand pushes for sexual assault reform in military
Editorial — Military injustice: Independent prosecutors should handle sexual assault cases
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)
“They took her soul”: Army did “nothing” for soldier who reported sexual assault, mom says
Speier, Mullin Introduce Bipartisan ‘I Am Vanessa Guillén Act’ to Transform the Military’s Response to Sexual Violence & Missing Servicemembers (September 16, 2020)
Fort Campbell Army Pfc. LaVena Johnson Died of Non Combat Related Injuries in Iraq; Death Ruled Suicide But Independent Investigation Revealed Rape and Murder (July 19, 2005)
Report of the Fort Hood Independent Review Committee (November 6, 2020)
New sexual assault accusations after soldier’s death at Fort Bliss; Army opens investigation
Search Continues for Fort Bliss Soldier Reported Missing Over 200 Days
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)
Gillibrand: The Military Justice Improvement Act Would Give Service Members a Justice System That Works (July 1, 2019)
Find Richard Halliday | Facebook

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)

HOR Oversight Subcommittee on National Security & Foreign Affairs Held a Hearing on Sexual Assault in the Military (July 31, 2008)

The Oversight Subcommittee on National Security and Foreign Affairs holds a hearing, “Sexual Assault in the Military.” Here Subcommittee Chairman John Tierney gives opening remarks. -Nancy Pelosi

The Oversight Subcommittee on National Security and Foreign Affairs holds a hearing, “Sexual Assault in the Military.” Panel one is Reps. Louise Slaughter (NY-28) and Jane Harman (CA-36). -Nancy Pelosi


The Oversight Subcommittee on National Security and Foreign Affairs holds a hearing, “Sexual Assault in the Military.” Panel one is Reps. Louise Slaughter (NY-28) and Jane Harman (CA-36). -Nancy Pelosi

The Oversight Subcommittee on National Security and Foreign Affairs holds a hearing, “Sexual Assault in the Military.” Panel two is Ingrid Torres, MSW, CSW and Mary Lauterbach, Mother of Lance Cpl. Maria Lauterbach. -Nancy Pelosi

The Oversight Subcommittee on National Security and Foreign Affairs holds a hearing, “Sexual Assault in the Military.” Panel two is Ingrid Torres, MSW, CSW and Mary Lauterbach, Mother of Lance Cpl. Maria Lauterbach. -Nancy Pelosi

The Oversight Subcommittee on National Security and Foreign Affairs holds a hearing, “Sexual Assault in the Military.” Panel three includes representatives of the Defense Department, the Army, and the GAO. -Nancy Pelosi

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In the News:

The Other PTSD – Sexual Abuse of Women in the Military -NBC Nightly News with Brian Williams (May 4, 2007)

Congress takes on the Department of Defense in the first oversight hearing held this year by the subcommittee on National Security and Foreign Affairs on sexual assault in the military. Some House members are accusing the DOD of a cover up. -American News Project (August 2, 2008)

According to recent GAO survey, a female soldier is more likely to be raped by a fellow soldier than die by enemy fire in Iraq. David Martin reports on this startling increase. -CBS Evening News (October 28, 2008)

MST: Military Sexual Trauma -CBS Evening News (October 28, 2008)

Katie Couric investigates an alarming trend in the U.S. military, as more and more female soldiers have come forward with tales of sexual abuse at the hands of male soldiers and superior officers. -CBS News (March 17, 2009)

Women and men from all branches of the US military spoke out in Washington Tuesday about sexual assault in the ranks. They were all military sexual assault survivors — appearing at a summit held to call attention to the issue. The US military has announced new efforts to combat these crimes. VOA’s Carolyn Presutti brings us the issue through the eyes of two women, both survivors of alleged sexual attacks. -VOA News (May 8, 2012)

DAYTON – The military is fighting another battle, an “invisible war” on sexual assault. Today, Congressman Mike Turner talked about an award-winning documentary that sheds light on that very topic. -WKEF/WRGT (September 5, 2012)

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. -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.Maria’s mother, Mary, was thrilled when she heard the news that the bill had passed the Senate. -WKEFandWRGT (December 20, 2013)

Sexual assault in the military is being reported more and more everyday.But our military is now learning how to protect themselves and teaching civilians the same thing. -WKEF/WRGT (March 10, 2014)

DAYTON — Today, Congressman Michael Turner (R-OH), Chairman of the House Armed Services Subcommittee on Tactical Air and Land Forces, hosted Congresswoman Niki Tsongas (D-MA), at Wright-Patterson Air Force Base. Turner says he and Tsongas have worked together since 2007 to eliminate sexual assault from the U.S. military. Bother co-chair the Military Sexual Assault Prevention Caucus. -WKEF/WRGT (September 9, 2014)

It is Sexual Assault Awareness Month and Congressman Mike Turner was in town to talk about ways to cut down on sex assault in the military. Turner led a meeting with top brass from Wright-Patterson Air Force Base and Wright State University in hopes of continuing open conversations about the issue. The objective is to educate everyone on how to prevent sexual assaults from happening in the first place. -WKEF/WRGT (April 21, 2015)

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

Congressman Mike Turner changed the laws to make women serving in the military safer. -Mike Turner (August 20, 2018)

Video Links:
The Other PTSD – Sexual Abuse of Women in the Military | NBC Nightly News
Hearing on Sexual Assault in the Military – Tierney Opening
Hearing on Sexual Assault in the Military – Rep. Harman
Hearing on Sexual Assault in the Military – Rep. Slaughter
Hearing on Sexual Assault in the Military – Torres
Hearing on Sexual Assault in the Military – Lauterbach
Hearing on Sexual Assault in the Military – Contempt for DOD
Rape in the Military: Congress Charges Cover-Up
Harassment In The Military | CBS News
MST: Military Sexual Trauma | CBS News
Sex Abuse And Female Soldiers | CBS News
Military Sexual Assault Victims Heal, Discuss Policy
DAI Offers Screening of Documentary on Sexual Assault in Military
Dept. of Defense Gives New Provisions to Military’s Victims of Sexual Assault
Major Hurdle Cleared for Victims of Sexual Assault in the Military
Defense Against Sexual Assault Class for WPAFB and Wright State University
Reps. Turner, Tsongas Talk Sexual Assault
Military Sexual Assault Awareness Month
Law protecting military victims of sexual assault discussed
Mary Lauterbach | Representative Mike Turner (Ohio)

Related Links:
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)
Lauterbach’s family questions handling of case
Rep. Mike Turner: Marine Corps Response Shows Lack Of Urgency For Maria Lauterbach
The hunt for the missing Marine | Dateline NBC
Raping America’s female soldiers
Mary Lauterbach To Testify At Congressional Hearing
HOR Sexual Assault in the Military Hearings (July 31, 2008)
Oversight Hearing on Sexual Assault in the Military | Nancy Pelosi
House panel blasts DOD over response to sexual assault claims
Sex Assaults Against Women in Military ‘Epidemic’
Sexual assault in military ‘jaw-dropping,’ lawmaker says
Tierney Holds Hearing on Sex Assault in Military
Tierney’s subcommittee looking into sexual assaults in the military
Sexual Assault in the Military: A DoD Cover-Up?
Rape in the military: Congress charges cover-up
Rep. Turner Demands Answers from DoD on Status of Maria Lauterbach Investigation
Front and Center: Sexual Violence in U.S. Military Law | Elizabeth L. Hillman (2009)
Laurean convicted in pregnant Marine’s death
Camp Lejeune’s Statement
Mike Turner’s Military Sexual Assault Protections Approved by House Armed Services Committee
Did the Marines Leave Two Bodies on the Field?*
Mary Lauterbach leads training sessions on sexual assault cases
Sexual Assault in the Military Part IV: Are We Making Progress?
Review of Matters Related to the Sexual Assault of Lance Corporal Maria Lauterbach, U.S. Marine Corps | DoD IG (October 18, 2011)
Carry That Weight: Victim Privacy Within the Military Sexual Assault Reporting Methods, 28 J. Marshall Computer & Info. L. 551 (2011)
Bureaucracy has blossomed in military’s war on rape
At summit, sexual assault survivors share trauma, seek change
‘A Marine’s Story’ highlights importance of preventing sexual assault
Sexual Assault in the Military: Ethical Dilemma or National Security Issue? | Georgetown University (2012)
STATE of North Carolina v. Ceasar Armando LAUREAN (May 1, 2012)
Continuing to Battle Sexual Assault within the Ranks of Our Military
Ohio congressman’s bill ensures punishment for sexual assaults in military
Lawmakers outraged over sexual assault case aim to change military justice system
Department of Defense Annual Report on Sexual Assault in the Military (2013)
For Tsongas and GOP colleague, a long fight on military sexual assault
Marine mother shares tragic story of daughter’s sexual assault, murder
Recalling the case that changed military sex assault laws
Mother of slain local Marine Maria Lauterbach to be honored for ‘survivorship, resilience’
Focus on Military Sexual Assault Continues in House
Sexual Assault in the Military | Quantum Units Education
A farewell to arms: Misogyny wrapped in camouflage
No Place in the Military: The Judiciary’s Failure to Compensate Victims of Military Sexual Assault and a Suggested Path Forward Using Lessons from the Prison Context
The Politics of Sex Abuse in Sacred Hierarchies: a Comparative Study of the Catholic Church and the Military in the United States 1
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Army Criminal Investigation Report for the Death of Pfc. LaVena Johnson in Balad, Iraq (April 28, 2006)

We are not exactly sure when Army Pfc. LaVena Johnson’s CID Report was dumped on-line by the government but it appears to have shown up after the death of Vanessa Guillen. (Source: US Army CID)
Dr. John Johnson clarified in an interview on the Donny Walker Morning Show that wound statin was found on LaVena’s genitals. Listen to the full interview here.

Related Links:
Non Combat Deaths of Female Service Members in the U.S. Military (Iraq)
Fort Campbell Army Pfc. LaVena Johnson Died of Non Combat Related Injuries in Iraq; Death Ruled Suicide But Independent Investigation Revealed Rape and Murder (July 19, 2005)
Army Criminal Investigation Report for the Death of Pfc. LaVena Johnson in Balad, Iraq (April 28, 2006) *ORIGINAL SOURCE
Army Criminal Investigation Report for the Death of Pfc. LaVena Johnson in Balad, Iraq (April 28, 2006)
‘The Silent Truth’ Documentary: The Rape, Murder & Military Cover-Up of Army Pfc. LaVena Johnson in Iraq (July 1, 2014)
The Generation Why Podcast Featured the Suspicious Death of Army Pfc. LaVena Johnson in Balad, Iraq: Was It Suicide or Murder? (November 19, 2017)
Crime Junkie Podcast Featured the Suspicious Deaths of LaVena Johnson & Tina Priest in ‘Conspiracy: Women in the US Military’ (October 22, 2018)
Military Murder Podcast Featured the Suspicious Death of Fort Campbell Army Pfc. Lavena Johnson in Balad, Iraq (July 27, 2020)
WGLRO Radio welcomes Dr. John Johnson – Whistle Blower – the DWMS 1 15 2021
Senate Armed Services Subcommittee on Personnel Hearings: Sexual Assault in the Military (March 24, 2021)