Sexual assault in the U.S. military
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{{Unreliable|article as of March 2007 and April 2007||date=July 2007}}
There is supposed to be an ongoing problem with '''sexual assault in the U.S. military''' which has resulted in a series of scandals which have received extensive media coverage. Incidents which were publicized include the [[Tailhook scandal]] in 1991, [[Aberdeen scandal|assaults on trainees at Aberdeen, MD, 1996]] and the [[2003 US Air Force Academy sexual assault scandal]]. In an attempt to deal with this problem the Defense Department has issued the [[Department of Defense Sexual Assault Response policy]]. A provision in the fiscal 2004 National Defense Authorization Act required investigation and reporting regarding sexual harassment and assault at the United States military academies. A report was published in the [[New York Times]] magazine in March, 2007 which surveyed women soldiers' experience in the [[Iraq War]] showing significant incidence of [[post traumatic stress syndrome]] resulting from the combination of [[combat stress]] and [[sexual assault]].<ref>"The Women's War" article by Sara Corbett in the [[New York Times]] magazine, [[March 18]] [[2007]]</ref>
==Defense Task Force on Sexual Harassment and Violence at the Military Service Academies Report==
The Defense Task Force on Sexual Harassment and Violence at the Military Service Academies issued its report on [[August 25]] [[2005]] which showed both a continuing problem and efforts to deal with it:<ref>[http://www.dtic.mil/dtfs/doc_recd/High_GPO_RRC_tx.pdf Report of the Defense Task Force on Sexual Harassment and Violence at the Military Service Academies]</ref>
===Task force charter===
The Task Force on Sexual Harassment and Violence at
the Military Service Academies was established on
[[September 23]] [[2004]], pursuant to Section 526 of Public
Law 108-136, the National Defense Authorization Act for
Fiscal Year 2004. Congress directed the Task Force to
assess and make recommendations concerning how the
Departments of the Army and the Navy may more effectively
address sexual harassment and assault at the [[United States Military Academy]] and the [[United States Naval Academy]]. The Task Force consists of six members from
the four branches of the Armed Forces and six members
from the civilian community.
===Service academy culture===
Historically, sexual harassment and sexual assault have been inadequately
addressed at both Academies. Harassment is the more
prevalent and corrosive problem, creating an environment
in which sexual assault is more likely to occur. Although
progress has been made, hostile attitudes and inappropriate
actions toward women, and the toleration of these by
some cadets and midshipmen, continue to hinder the
establishment of a safe and professional environment in
which to prepare future military officers.
Much of the solution to preventing this behavior rests
with cadets and midshipmen themselves. They must
understand that the obligation not to engage in or tolerate
sexually harassing behavior is a values and leadership issue.
Sexual harassment and assault are fundamentally at odds
with the obligation of men and women in uniform to treat
all with dignity and respect. Those who seek to be future
leaders in the Armed Services are obligated to uphold
standards—not only in their own conduct but also in their
response to the conduct of others. Cadets and midshipmen
who observe harassing behavior and fail to intervene
and correct it, in effect, condone that behavior. This tolerance,
even if only by a few, of the attitudes demonstrated
by offenders, undermines the standards essential to successful
leadership development. Accordingly, midshipmen
and cadets must assume more responsibility for holding
others accountable by intervening, confronting, and correcting
each other for failure to live up to the required
standards.
The Task Force also found that because female service
members are a minority, they are excluded from some of the
highly regarded combat specialties, and are held to different
physical fitness standards. Some in Academy communities
do not value women as highly as men.
Accordingly, the Task Force recommends: 1) Increase the
number and visibility of female officers and Non-
Commissioned Officers (NCOs) in key positions to
serve as role models for both male and female cadets and
midshipmen. 2) Increase the percentage of women cadets
and midshipmen at the Academies within current service operational constraints. 3) Ensure consistent opportunities for women to be involved in leadership and Academy decision making, e.g. academic boards and admission boards.
The Task Force concludes the leadership, staff, faculty, cadets and midshipmen must model behaviors that reflect and positively convey the value of women in the military. In addition we recommend the Academies use modern survey and management tools on a permanent basis to provide information to oversight bodies.
===Key findings and recommendations===
====Confidentiality====
[[Confidentiality]] is a complicated matter with numerous implications
for both victims and commanders, as evidenced by the
extended debate within the Department of Defense prior to
the approval of the new confidentiality policy. Confidentiality,
as used in this report, refers to the privileged communications
between victims of sexual assault and specified care providers
and counselors. Confidentiality supports the provision of
timely and meaningful assistance to victims following a sexual
assault. Privileged communication, however, is an issue of
extreme importance for commanders, not just victims.
Commanders have principal responsibility for ensuring appropriate
care of victims, as well as for investigating and holding
accountable those who have committed the related misconduct.
In our view, commanders can do neither effectively without
a privileged reporting and counseling channel in place.
The requirement that military medical facilities report cases of
sexual assault is but one example of the problems associated
with a lack of confidentiality under current military regulations.
This requirement may inhibit a victim from seeking
necessary medical care and lessen the likelihood the victim will
report the assault. Accordingly, the Task Force recommends:
Congress should create a statutory privilege protecting communications
made by victims of sexual assault to [[health care provider]]s and [[victim advocate]]s.This privilege should extend
to both medical and mental health care providers and to those
victim advocates designated and trained to perform that duty
in a manner prescribed by DoD regulation.
====Victims' rights and support====
The Office of the Inspector General of the Department of
Defense’s Report on the Service Academy Sexual Assault and
Leadership Survey, published in 2005 (presenting data from
2004) stated that the majority of female victims of sexual
assault did not report because of fear of disclosure and the
resulting perceived ramifications. The Task Force recommends:
Further maximize the use of existing and potential
avenues for victims’ support and reporting. Maximizing
avenues for victims’ support provides more options for disclosure;
expands the ability to obtain support and care; and
assists in making informed decisions. Based on the guidelines
provided in this report, the Academies should establish
a plan to implement the new DoD Sexual Assault Response
policy and protocol and submit their plan to the Services in
accordance with the statute. The Task Force recommends:
Provide training to all Academy personnel, to include cadets
and midshipmen, on the various reporting resources, the
level of confidentiality afforded to each, as well as treatment
available to victims. Finally: Ensure victims are informed of
and afforded their federally mandated rights.
====Offender accountability====
At both Academies available records from the past ten
years reflect an extended period where alleged offenders
were not consistently or effectively held accountable
through the criminal justice system. The past two years
have witnessed improved efforts and limited success at
holding sexual assault offenders accountable through
courts-martials. Although the Task Force finds that the current programs
are greatly improved, a key obstacle to increasing accountability
for rape and sexual assault is that current statutes,
though flexible, do not reflect the full spectrum of criminal
sexual behaviors encountered at the military service
academies and society at large. Therefore, the Task Force
recommends that Congress revise the current sexual misconduct
statutes to more clearly and comprehensively
address the full range of sexual misconduct. Further, to
facilitate the pretrial investigative process, the Task Force
recommends the amendment of Article 32 of the UCMJ
to permit commanders to close the proceedings to protect
the privacy of victims and alleged offenders.
====Training and education====
Although the Academies have expended considerable
effort in developing their sexual harassment and assault
training and education programs, current format and
scheduling undermine their importance and continuity.
Programs are poorly designed, over-reliant on cadet and
midshipmen instructors, inconveniently scheduled, and
ineffective in conveying key concepts. In addition, faculty,
staff, and volunteers are inadequately trained on sexual
harassment and assault issues. Accordingly, the Task Force
recommends that classes addressing sexual harassment
and assault be graded, conducted during academic hours,
instructed by qualified faculty members, and incorporate a
variety of instructional methods. We also recommend the
Academies incorporate cadet and midshipmen education
on sexual harassment and assault into a mandatory academic
graded curriculum that addresses these subjects in a
larger context of military leadership and/or ethics. These
programs should be integrated into the academic curriculum
at various levels and progresses over the course of
cadets’ and midshipmen’s four-year career at the
Academies. In addition, the Academies need to establish
an effective training program for faculty, staff, sponsors,
and volunteers who work closely with cadets and midshipmen.
All programs must be evaluated and updated on a
regular basis.
====Prevention====
At both Academies, sexual harassment and assault prevention
program execution and management is fragmented
and inadequate. In order to change prevailing attitudes
and social norms we recommend that the Academies
develop an institutional sexual harassment and assault
prevention plan that is evaluated and updated annually.
In addition, the Task Force found that Tactical
Noncommissioned Officers and Senior Enlisted Leaders
are underutilized resources in the prevention of sexual
harassment and assault. Senior Noncommissioned Officer
and Senior Enlisted Leader duties need to be clearly
defined and provide for greater direct interaction and
involvement with cadets and midshipmen, particularly
during evening and weekend hours.
====Coordination between military and civilian communities====
The insight from years of sexual assault reform in the
civilian community is that permanent solutions must be
community solutions. The Task Force finds that the
Academies have limited formal relationships with local
law enforcement and victim support agencies. The Task
Force recommends the Academies follow the DoD policy
regarding establishing collaborative relationships with
civilian authorities for sexual assault victim support.
Where informal relationships are more appropriate, the
Academies should endorse and validate these relationships
through documentation.
====Conclusion====
The record of the two Academies, much like the record of
the Department of Defense, is one of sporadic and incomplete
attempts to eliminate sexual harassment and assault.
Both the Naval and the Military Academies have made
progress in addressing these issues over the last several
years. The Academies need resources and support from
the Services, DoD, and Congress to ensure success. The
changes in law identified by this Task Force are a step in
that direction; good-faith efforts to implement Task Force
recommendations, as well as continued surveys and oversight,
will keep the Academies moving forward.
==See also==
*[[Rape]]
*[[Sexual Assault]]
*[[Sexual violence]]
==Notes==
<references/>
==External links==
* [http://www.dtic.mil/dtfs/ Defense Task Force on Sexual Harassment and Violence at the Military Service Academies]
* [http://www.dtic.mil/dtfs/doc_recd/High_GPO_RRC_tx.pdf Report of the Task Force (PDF file)]
* [http://www.usatoday.com/news/opinion/editorials/2005-03-27-our-view_x.htm USA Today editorial, "Sexual assaults in military bring shame, not action," [[March 27]] [[2005]]]
* [http://www.stopmilitaryrape.org/ {"nationwide organization for Survivors of Military Sexual Trauma]
* [http://select.nytimes.com/gst/abstract.html?res=FB0F16FC3A550C7B8DDDAA0894DF404482&showabstract=1 "The Women's War"] article in the [[New York Times]] magazine [[March 18]] [[2007]] (Significant charge to read the article)
[[Category:Military of the United States]]
[[Category:Military scandals]]
[[Category:Sex scandals]]
[[Category:Women in the United States military]]