From Draft NOtices, January-March 2014
— Kathy Gilberd
The Department of Defense has just released preliminary figures showing that reported cases of sexual assaults in the military have increased by 50% in the last fiscal year -- from 3,374 in 2012 to more than 5,000 in 2013. While DoD officials are still evaluating the numbers, their initial public statement claims that this does not represent an increase in the total number of sexual assaults (which they assume to be about the same as the 26,000 cases in 2012), but rather in the number of people willing to come forward and file reports after having been assaulted.
If DoD’s assessment is correct, the increase in reporting is the result of a year of public and congressional pressure on the military to treat assaults seriously, and resulting new regulations that have provided some additional protections to victims/survivors of assault. Congressional hearings and statements, lawsuits challenging the military’s handling of assaults, and diligent work by organizations such as Service Women’s Action Network (SWAN) have created a climate in which servicemembers may have a little more confidence that reporting assault could lead to punishment of the offenders and, hopefully, that reporting would not lead to retaliation.
If the trend of increased reporting is to continue -- and if the high number of sexual assaults is to decrease -- then continued pressure on the military is essential. It is clear that the current process of handling sexual assault complaints and prosecuting offenders (or not doing so) has serious problems. Scandals this year have included sexual assault charges against officials of the military’s sexual assault programs, commanders’ decisions to set aside punishment or convictions after courts-martial found officers guilty of rape or assault, and charges of assault against recruiters and Air Force drill instructors. Most recently, a woman bringing charges of rape against three Navy academy cadets was grilled for hours about her personal life and sexual habits by defense attorneys at a pre-trial investigation (called an Article 32 hearing). And despite recent regulations increasing their rights, sexual assault survivors have little power over what happens to their attackers. Mid-ranking commanding officers (called convening authorities for their power to convene courts-martial) have full discretion to decide whether or not to act on complaints at all, whether to court-martial offenders or use lesser disciplinary measures or administrative discharge when they believe the complaint, and whether to uphold sentences and convictions handed down by courts-martial. While prosecutions have apparently increased in the last year, there can be no guarantee under the present system that this will continue.
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