Sexual Assault in the Military

I've been extremely disappointed with the media coverage of a recently filed lawsuit against the Department of Defense. There are many articles out there, like the one I've linked here, the the suit claims that the Pentagon allows an environment of sexual harassment and sexual assault and turns a blind eye when there are reports of such conduct.

Just so you know where I'm coming from right from the start, I am what the Navy calls a "Sexual Assault Victim Advocate". I have "duty" for two-week periods every so often, and if there is a reported sexual assault at my command during that time, it is my job to assist the victim in anyway possible; first and foremost, by ensuring that they receive care and support. To "qualify" as an advocate, you must attend initial training (40-hours) and then attend refresher training at least 20 hours a year. I signed up for this position because I would want someone in my corner if it happened to me. My eyes were totally opened during the initial training.

So, back to the issue of sexual assault in the military… it is DEFINITELY a problem. No doubt about it, and no denying it. It's really sad. But there are a few facts that are missing in the media's reporting of the lawsuit filed against the military.

Current statistics claim that as many as 1 in 3 military women are sexually assaulted during their time in the military. That's tragic. But what the media doesn't mention is the statistics, for example, on sexual assault on college campuses. 1 in 4 (only slightly better than the military) college women are sexually assaulted during their academic careers. Equally tragic. The media has done a great job of painting the military as a bastion of sexual assault when in fact, sexual assault is an epidemic all across America.

Another part of the media's coverage has been about an increase in reports of sexual assault in the military. First of all, it's true. BUT it's only half the story. One of the big issues with sexual assault is reporting. Many women (and ESPECIALLY men) are not comfortable coming forward to report a sexual assault. There are a myriad of reasons, and I'll only mention a few. 48.8% of college women (and I would be willing to bet the statistic would apply to military women) have been victims of attacks that meet the standard definition of rape, but don't believe themselves that it's rape. That's RAPE, not lesser forms of sexual assault. So there is much sexual assault that is not reported because the victim is not even sure whether or not it IS sexual assault.

The next statistic should scare you guys to death, since both of you have daughters. 70-80% of victims of rape and sexual assault know their assailant. They are friends, co-workers, associates, neighbors, etc. It's not the creepy guy in the bushes. So, many victims are not comfortable reporting because of the association. It's too much to deal with.

Another reason for not reporting is what is called "re-victimization". Questioning by police, media attention, a long lawsuit… all these things can mean that the victim has to re-live what happened over and over. It's horrible. And so again, that scares many away from making a report to the authorities. Also, think of a few of the well-known sexual assault cases over the past several years… one that comes to mind for me is the Duke lacrosse team. The two women who made the accusation of sexual assault were DESTROYED in the press. Every facet of their lives, especially their sexual lives, was exposed and debated in public. Would you want that to happen to you?

Let me get back to the rise in sexual assault reporting in the military. A few years ago the military found that there were A LOT of sexual assault victims that never reported the crime because they didn't want a police investigation, etc., and they didn't want others to know about it. And because they didn't want a mandatory investigation, they were unable to seek out any help. They were left to deal with the aftermath on their own.

With the specific purpose of wanting to provide care and support to victims of sexual assault without them having to endure the fallout of an investigation, the military created two separate systems of reporting.

The first is called "unrestricted" reporting. If a victim of sexual assault reports it, for example, to their chain of command, an investigation will occur. No doubt about it. The fastest and easiest way for a commanding officer in the military to lose his/her job is to NOT investigate a report of sexual assault. "Unrestricted" reporting means that NCIS will get involved, people will be interviewed, including the victim, etc. People are going to know about it. It will more than likely be in the news as well. Optimally, the military does want people to make unrestricted reports, because that's the only way they can go after the perpetrators of sexual assault. This was the ONLY reporting option a few years ago.

The second method is called "restricted" reporting. If you call a victim advocate (like me) you can be assigned an advocate and receive all the support available without having to deal with an investigation. In other words, you'll still be assigned an advocate, and you can get medical care, psychological counseling, etc., but no one else is ever going to know about the assault. No one calls the police, no one initiates an investigation, there is no requirement to tell your story to anyone. You simply get the medical/psychological care that you need to deal with the aftermath. The unit commanding officer is only told (by the unit Sexual Assault Prevention and Response Coordinator, a paid civilian position) that there was a report of sexual assault within his/her command, but that's it. End of story. He/she, doesn't know who, why, when, where, etc. Nothing. Just that there was an assault.

So here's my point: I believe the number of reported sexual assaults has gone up in the military BECAUSE of the restricted reporting option. The military has done exactly the RIGHT thing by providing a means for victims to get the help that they need, rather than NOT report and NOT get any help because they don't report it. If the military took away the restricted reporting option I'm sure the number would go back down, not because of a decrease in sexual assaults, but because of a decrease in reporting.

The media will tell you that the restricted reporting option is the vehicle that the military uses to allow perpetrators to get away with the crime. But it's not true. Any victim has the option to do an unrestricted report. But the focus in the military is on support for the victim, hence the two forms of reporting.

Lastly, lets' talk about prosecution of the crime of sexual assault. Spend some time on the RAINN website and the statistics will shock you. Statistically, 15 of 16 rapists in America will walk free for the crime. It's estimated that only 4% of reported sexual assault cases end in conviction. FOUR PERCENT!! That is insane. The reasons for the conviction rate are numerous and I could write 15 pages on that alone. You can guess the issues involved… one of the primary issues being physical evidence. And even if there is physical evidence, with the high rate of association between the victim/perpetrator, the defense usually claims that the sex was consensual.

In the military we do have a Uniform Code of Military Justice, which is an additional set of rules that we have to follow in the military. However, we are not deprived of the rights of any other citizen under the law. What I mean is that if I were accused of sexual assault tomorrow, I have a right to request a lawyer and a trial by a jury of my peers. Who wouldn't want that?? So, military punishments (convictions) are going to be about the same as they are nationwide, which is, again, FOUR PERCENT. The media's portrayal of the treatment of perpetrators of sexual assault in the military has been unfair as it implies that if a servicewoman makes a complaint of sexual assault that the accused automatically should be punished. But the alleged perpetrator has the protection of the legal system just like anyone else.

It's a terrible statistic, but again, I'm just trying to point out that the problem of sexual assault is not unique to the military. I feel terrible for what those women (and two men) in the lawsuit had to endure, but from personal experience, I would be surprised if any college in America provides the kind of training and support systems in regards to sexual assault that the military provides.

Yes, we have a problem with sexual assault in the military, but I personally feel that we are doing a lot to protect and help victims, even above and beyond what the rest of the country is doing in response to this epidemic.