Panel member: Military sex assault response hard to fix

From Stars and Stripes:


NORFOLK, Virginia — Harvey Bryant hoped the panel he was appointed to last year would bring a sea of change to the military's handling of sexual assaults. Instead, Virginia Beach's former top prosecutor says the group's recommendations are little more than "a wading pool."

He was one of nine members on a panel that examined the handling of military sexual assault and made recommendations for improving the process. The group submitted a 284-page report to Congress on June 27.

Bryant, who served for 13 years as Virginia Beach commonwealth's attorney before retiring last year, said his biggest disappointment was the panel's support for keeping authority over the judicial process in the hands of military commanders.

Read the entire story here.

Two Cases, One Conclusion on Military Justice

Senator Kirsten E. Gillibrand, the New York Democrat who failed to push a bill through Congress that would have removed military commanders from the prosecution of sexual assault cases, has said it is “like your brother committing the sexual assault and having your father decide whether to prosecute.”

Read the entire story here.

Senate Faces Historic Vote on Handling Military Sexually Assault Epidemic Outside Chain of Command

Group of senators begin push to remove sex assault cases from chain of command

WASHINGTON — A bipartisan group of senators began an effort Wednesday on Capitol Hill to pass a measure removing sexual assault prosecutions in the military from the chain of command.

Opposed by the Defense Department and top lawmakers such as Senate Armed Services Committee Chairman Carl Levin, D-Mich., the controversial bill nevertheless has a significant measure of support and will be debated sometime in the next two weeks.

 

Sen. Kirsten Gillibrand, D-N.Y., a member of the Senate Armed Services Committee, led a press conference that included a politically eclectic group — Sens. Rand Paul, R-Ky.; Ted Cruz, R-Texas; Chuck Grassley, R-Iowa; Lisa Murkowski, R-Alaska; Richard Blumenthal, D-Conn.; Barbara Boxer, D-Calif. and Mazie Hirono, D-Hawaii. Also appearing were several advocates of the proposal as well as a husband-and-wife team who described personal experience with the crime.

Read the entire story here.

Secretary Hagel's Statement on New Sexual Assault Prevention and Response Measures

Secretary Hagel's Statement on New Sexual Assault Prevention and Response Measures            Eliminating sexual assault from the armed forces remains one of the Department of Defense's top priorities. This effort requires our absolute and sustained commitment to providing a safe environment in which every service member and DoD civilian is free from the threat of sexual harassment and assault.           Our success depends on a dynamic and responsive approach. We, therefore, must continually assess and strive to improve our prevention and response programs.            In May, I directed a range of initiatives designed to strengthen our programs in the areas of commander accountability, command climate, victim advocacy, and safety. Today, I am directing immediate implementation of the following additional measures to improve victim support, strengthen pretrial investigations, enhance oversight, and make prevention and response efforts more consistent across the military services: • Creating a legal advocacy program in each military service that will provide legal representation to sexual assault victims throughout the judicial process; • Ensuring that pretrial investigative hearings of sexual assault-related charges are conducted by judge advocates general (JAG) officers; • Providing commanders with options to reassign or transfer a member who is accused of committing a sexual assault or related offense in order to eliminate continued contact while respecting the rights of both victims and the accused; • Requiring timely follow-up reports on sexual assault incidents and responses to be given to the first general or flag officer within the chain of command; • Directing DoD's inspector general to regularly evaluate closed sexual assault investigations; • Standardizing prohibitions on inappropriate behavior between recruiters and trainers and their recruits and trainees across the department, and; • Developing and proposing changes to the Manual for Courts-Martial that would allow victims to give input during the sentencing phase of courts-martial.              All of these measures will provide victims additional rights, protections, and legal support, and help ensure that sexual assault-related investigations and judicial proceedings are conducted thoroughly and professionally. In addition, the Department of Defense has established an independent panel, in accordance with the National Defense Authorization Act for Fiscal Year 2013, which is currently reviewing and assessing the systems used to investigate, prosecute, and adjudicate crimes involving sexual assault and related offenses under the Uniform Code of Military Justice. I have met with panel members and I will closely review their recommendations when complete.            Sexual assault is a stain on the honor of our men and women who honorably serve our country, as well as a threat to the discipline and the cohesion of our force. It must be stamped out. I will continue to meet weekly with DoD's senior leadership team to personally review our efforts and ensure that directives and programs are being implemented effectively. We are all accountable to fix this problem, and we will fix it together. We will continue to work closely with the Congress and the White House on eliminating sexual assault in the military.

Source:  DOD Announcement, verbatim

Pentagon Study Finds 26,000 Military Sexual Assaults Last Year; Over 70 Per Day

Link to the study here.

House members push bill on military sexual assault   

The legislation comes just a day after the Pentagon estimated that up to 26,000 military members may have been sexually assaulted last year but fewer than 3,400 reported the incident.

Texas military assault scandal prompts congressional hearings

"Victims will tell you there has been command influence, undue command influence when they come forward to report," Parrish said. "They, the victims, are investigated. They are put in psych wards, on psychotropic drugs and investigated other than for the sexual assault."
 

Read the entire story here.

Department of Defense Expands Sexual Assault Prevention Efforts

Department of Defense Expands Sexual Assault Prevention Efforts

As part of the Department of Defense's efforts to confront the crime of sexual assault in the military, today the department announced improvements to prospective commander and senior enlisted training and a review of the initial military training environment in every service.
 
First, Secretary of Defense Leon Panetta has instituted higher standards for sexual assault prevention and response (SAPR) training for pre-command training. These changes are the result of a review ordered by the secretary in January 2012.

The review found that while these leaders are receiving SAPR training, the department should take specific steps to improve its quality and consistency across the services. Based on these findings, the secretary has directed the military services to:

• Develop and implement standardized core competencies, learning objectives, and methods for objectively assessing the effectiveness of SAPR programs.

• Provide a dedicated block of SAPR instruction that incorporates best practices including interactive instruction with vignettes, exercises, and classroom discussion.

• Provide a quick-reference SAPR "Commander's Guide", review in the classroom, that personnel can then use in subsequent leadership roles.

• Assess commanders' and senior enlisted leaders' understanding of the key SAPR concepts and skills and develop and implement refresher training to sustain skills and knowledge.

Secretary Panetta has placed a high priority on this issue and directed the military departments to report back to him on the development of these core competencies and assessment methods by Dec. 20, 2012, and that implementation of these measures start no later than March 30, 2013.

Second, Secretary Panetta has directed that each military department conduct a comprehensive assessment of all initial military training of enlisted personnel and commissioned officers to ensure a safe and secure environment.

This assessment will look across the services into several key areas including the selection, training, and oversight of basic training instructors and leaders who directly supervise initial military training for officers and enlisted personnel. The study will also look at the instructor to student ratio, the ratio of leaders in the chain of command to instructors, and consider the potential benefits of increasing the number of female instructors.

In addition, the secretary has directed all of the military services to review their internal controls to identify and prevent inappropriate behavior throughout initial military training; to evaluate student accessibility to SAPR programs; the timing, contact and delivery of SAPR related training; and the timing and effectiveness of processes for gathering student feedback.

Secretary Panetta has directed the military departments to report back to him on findings and recommendations by Feb. 8, 2013.

Together, these reviews are part of a broad, multi-faceted effort to fundamentally change the way the department confronts sexual assault from prevention, investigation, victim care, and accountability. The men and women of the U.S. military must be able to serve in an environment that is free from the threat of sexual assault. Service members and their families must feel secure enough to report this crime without fear of retribution and commanders must hold offenders appropriately accountable.

A copy of the full text of the Evaluation of Pre-Command Sexual Assault Prevention and Response Training report and Secretary Panetta's directives are available at http://www.sapr.mil

Source:  DOD Announcement, verbatim

Hill Wants Sex Assault Cases Out of Commands

Congress has floated a bill that would take ruling authority away from commanders in sexual assault cases and hand it over to an independent panel.

The bill comes as Pentagon leaders scramble to tackle a rising number of sexual assault cases spreading through the military. In 2011, servicemembers filed over 3,000 sexual assaults reports.

Read the entire story here.

New DOD Safe Helpline Mobile App Now Available

New DOD Safe Helpline Mobile App Now Available

The Department of Defense announced its new DoD Safe Helpline Mobile Application. With this new app, service members transitioning to civilian life will have access to critical resources that assists in managing the short and long-term effects of sexual assault.
This new app is the latest in a string of technological innovations designed to support sexual assault victims in the military. The app contains the option for users to record their current emotional state and create tailored self-care plans to address sadness, hopelessness and disconnection. These self-care plans include suggested resources and exercises, and can be stored for future reference. This includes a list of breathing, stretching and visualization techniques that can reduce anxiety, depression and symptoms of post-traumatic stress.
"Victims want to choose when and where they get support so we are using technology to provide them as many options as possible," said DoD Sexual Assault Prevention and Response Office Director Maj. Gen. Gary S. Patton. "This new app tied into the Safe Helpline is another tool to provide support to military victims of sexual assault."
Users can connect with live sexual assault response professionals via phone or anonymous online chat from their mobile devices for support. Users can also navigate resources (e.g., disability assistance, medical benefits, housing help and employment assistance), or search for resources near their base or installation. The Safe Helpline mobile app is for short-term self-care and is not to be used as a substitute for professional medical advice or a mental health treatment plan.
The DoD Safe Helpline Mobile App is free and available for download from the Apple and Android app stores. DoD administers Safe Helpline via a contract with the non-profit Rape, Abuse and Incest National Network (RAINN), the nation's largest anti-sexual violence organization.
Additional information regarding the Department's Sexual Assault and Response Office can be found at http://www.sapr.mil/ .

Source:  DOD Announcement, verbatim

Marines release new plan to prevent sexual assault

WASHINGTON — The Marine Corps on Monday released a plan aimed at preventing sexual assault and holding offenders and commanders accountable, noting that “despite our efforts, we have been ineffective at addressing and eliminating sexual assault.”

The plan, signed by Commandant Gen. James Amos, addresses many of the issues that victims and victim advocates frequently highlight — including an undue focus on victims’ personal life and command climates that foster sexual harassment and discourage reporting. It outlines a three-part campaign plan with a goal of “true zero tolerance, effective sustainment, empowered reporting, effective deterrence, engaged leadership and evolved culture.”

Anu Bhagwati, a former Marine officer and current executive director of Service Women’s Action Network, said the plan shows that the Marine Corps “has finally caught up to where the rest of the DOD leadership is, which isn’t saying that much.”

Read the entire story here.

At summit, sexual assault survivors share trauma, seek change

WASHINGTON — Ayana Powell was still in Army training when she went to a party with her fellow soldiers and drank a cup of what she thought was juice. The next thing she remembers is waking up naked.

Powell knew she had been raped, but when she returned to training she said she was immediately yelled at for being 15 minutes late and arriving without a battle buddy.

When she finally reported the rape, she was told no one wanted to hear it. She was pregnant and was told that the Army would not pay for an abortion. Two weeks later, she was processed out of the military. Nine months later she had a baby.

Read the entire story here.

Criminal hazing: Raped by his fellow soldiers

‘Crazy Troop’ NCOs court-martialed after initiation ritual in Iraq went too far, Army victims say

Warning: Some details of this story are graphic and may be disturbing.

FORT HOOD, Texas — Minutes after returning to his room after a long day of training Iraqi soldiers, Spc. Jarett Wright heard the door open.

Three of his fellow soldiers entered and pushed him down on the bed. Wright struggled, but the other soldiers were too strong.

Two of them — both sergeants — held him down by the shoulders. Another grabbed his legs.

Read the entire story here.

Editor's note:  This article describes exactly what my son said happened to him in a sworn statement to the DOD Police.  His allegation was never properly investigated.  It led to his death.

Victims of military rape deserve justice

(CNN) -- Secretary of Defense Leon Panetta has announced new initiatives to curtail what he calls "the epidemic" of rape and sexual assaults in our armed forces. In 2010, an estimated 19,000 service members were raped or sexually assaulted by other service members. Clearly, more resources devoted to counseling for victims and training for prosecutors and judges will help.

But the incidence of unpunished rapes will continue and so will the damaging effects these illegal acts have on troop morale and preparedness. This epidemic requires an overhaul of the military justice system.

The military's chain of command structure keeps most cases of rape and sexual assault from reaching the prosecution level. According to a Defense Department study, only 8% of sexual assailants are referred to military court, compared with 40% of similar offenders prosecuted in the civilian court system. The case of Army Spc. Andrea Neutzling of Ohio is a sad testimony to a justice system gone wrong.

Read the entire story here.

The Invisible War

Mother of Marine killed after rape claim leads training sessions on sexual assault cases

MARY McCARTY  Dayton Daily News
First Posted: December 03, 2011 - 12:36 pm
Last Updated: December 03, 2011 - 3:09 pm

DAYTON, Ohio — Mary Lauterbach of Vandalia remains a powerful voice for her daughter, Lance Cpl. Maria Lauterbach, nearly four years after she was murdered by fellow Marine Cesar Laurean.
On Nov. 16, Mary Lauterbach and her attorney, Merle Wilberding, attended the North Carolina Court of Appeals hearing in Raleigh, N.C., and listened as Laurean's attorneys argued that his first-degree murder conviction should be overturned because the judge did not allow jurors to consider a lesser charge of second-degree murder.

"We wanted to make our presence visible, and to remind them that Maria was a real person," Lauterbach said.

"We wanted to be a witness to justice," added Wilberding. "We're glad we went."

Laurean's state-appointed attorney, Ann Peterson, acknowledged that her client killed Lauterbach, but argued that the crime might not have been premeditated. Attorneys for the state countered that the fact that Laurean burned the body and buried Lauterbach in his backyard was proof of premeditation.
Lauterbach, 20, was eight months' pregnant at the time of her murder. Laurean is currently serving a life sentence without parole at the Pasquotank Correctional Institution, a high-security adult male prison in Elizabeth City, N.C.

"The trial court got it right," Wilberding said.

It was the second time in less than a month that Lauterbach, who now leads training sessions for the military, had been called upon to bear witness for her daughter.

On Oct. 28, three Department of Defense staffers flew to Dayton to brief Lauterbach on the Inspector General's report on the investigation of her daughter's sexual assault case. The scathing 46-page report concluded that the Naval Criminal Investigative Service criminal investigation was both "substantively and procedurally deficient" and that NCIS agents did not conduct the investigation "diligently, timely or completely, and logical investigative steps were not completed."

The report also noted that Camp Lejeune's Sexual Assault and Prevention Response Program officials violated policy in its response to Lauterbach's rape complaint. Consequently, the report concluded, Camp Lejeune's Sexual Assault Case Management Group, which is responsible for reviewing rape cases, was unable to "assure her safety, well-being and recovery after the sexual assault, principally because it did not know about it."

Lauterbach said the Inspector General's report is an important step toward accountability. The yearlong investigation revealed much she hadn't previously known about her daughter's sexual assault case. On May 11, 2007, Lauterbach reported she was raped by then-Cpl. Laurean, one of her supervisors. Laurean claimed he had consensual sex with her.

"The details of the investigation were even worse than we knew," Mary Lauterbach said. "Only three of the eight witnesses were interviewed before Maria died, and they weren't interviewed thoroughly. They didn't investigate the crime scene or check Laurean's alibis, or they would have found out that he was working on the day of the assault, as he claimed to be."

Read the entire story here.
--submitted by Bonnie Palecco

Lawmaker: Commands shouldn't investigate military rape cases

The concerted campaign by Rep. Jackie Speier, D-San Mateo, aims to remove military sex crimes investigations and prosecutions from the standard chain of command. Even if it falls short, the campaign already is a case study in how 21st century political momentum is built.

"This silent epidemic is over," Speier said of military sexual assault Thursday.

This week, Speier introduced a bill that would assign all military sexual assault cases to a new Sexual Assault Oversight and Response Office. Another new Pentagon office would oversee all sexual assault-related prosecutions.

Speier says the new bureaucracy is necessary for sexual assault-related cases because the current system is "woefully inadequate" and overly influenced by the chain of command.

Read the entire story here.

Recovering From My Service to Our Nation

This is an account of an airman whose military career was ruined by a rape by a "fellow" member of the Air Force. 

Read the entire story here.

Report reveals sexual assaults at veterans facilities

By Gregg Zoroya, USA TODAY

There were 284 cases of alleged, attempted or confirmed sex assaults at Department of Veterans Affairs medical facilities from January 2007 to last July, according to a government investigation report released Tuesday.

Men and women were victims. Patients and employees were among those assaulted or who committed abuse. The crimes ranged from inappropriate touching to rape, the Government Accountability Office (GAO) study found.

Investigators blamed the assaults on a host of problems, including haphazard security measures, too few VA police and no program for assessing potentially dangerous patients. There was also a failure to report crimes to higher leadership for corrective systemwide action and to the VA inspector general.

Read the rest of the story here.

DOD Launches New Helpline to Support Victims of Sexual Assault

The Department of Defense today launched its newest initiative to support victims of sexual assault. Using DoD Safe Helpline, service members can "click, call or text" for victim support services for themselves or others. The free, anonymous and confidential resource can be accessed worldwide, 24-hours a day, every day, to connect with live sexual assault support professionals.

In addition to improving victim care, secure and confidential access to Safe Helpline was developed to encourage victims to come forward when they might not otherwise.

"The underreporting of sexual assault poses a serious challenge to military readiness," said Clifford L. Stanley, under secretary of defense for personnel and readiness. "We believe the Safe Helpline will provide DoD sexual assault victims with a variety of support outlets, which will lead victims to report sexual assault, seek needed information, and receive care."

Safe Helpline offers three access options designed for service members. Users can log on to http://www.SafeHelpline.org to receive live, one-on-one confidential help with a trained professional through a secure instant-messaging format. The website also provides vital information about recovering from and reporting sexual assault. A second option is to call the telephone hotline at 877-995-5247 to speak with Safe Helpline staff for personalized advice and support. Safe Helpline staff can also transfer callers to installation-based sexual assault response coordinators (SARC), on-call victim advocates, civilian rape crisis centers, or to the Suicide Prevention Lifeline. The third option is for users to text their location to 55247 inside the United States or 202-470-5546 outside of the United States to receive automated contact information for the SARC at their installation or base.

Further information on Safe Helpline can be found on http://www.SafeHelpline.org or at http://www.sapr.mil .

Editor's comment: I truly hope this new service will be useful to victims of sexual assault in the military. My son called the DoD Police on Ft. Dix in the middle of the night, asking for help, four days before he was killed. They not only did not investigate, they provided no victim support services and tried to twist the incident so that he could be charged with assault upon his attackers. Eventually, this effort to blame the victim resulted in his death.  The incident report was "buried" until the DoD police were forced to produce it.


Unfortunately, this was not an isolated incident. I'm sorry to say that I have little optimism that bullying and/or sexual assault will end in the military.