From Draft NOtices, October-December 2012
– Miriam Clark
Reports of sexual assault within the military are rising! Victims are primarily women but include some men. Over the last decade, exposés in special television reports, magazine articles and radio shows have offered personal testimonies and estimates of the high frequency of sexual assaults, but no significant changes have resulted.
In Washington D.C. last month, attorney Susan L. Burke filed a case against current and former secretaries of defense alleging ongoing violations of the plaintiffs’ civil rights. The suit has been filed on behalf of nineteen former and current U.S. military service members.
According to Burke, “After being raped or sexually assaulted by uniformed colleagues, these survivors reported the crimes. . . . Instead of their perpetrators being punished, the victims were intimidated, isolated, and retaliated against.”
There are four previous cases pending in federal district or circuit courts.
A key problem is permitting the “chain of command” (i.e., a single individual) to control which sexual assault allegations are fully investigated and prosecuted. The military has not eliminated the ability of a single officer to prevent a victim from accessing the military’s judicial system. The reality is that this officer may well be a sexual predator himself.






