Sunday, November 24, 2013

What Politicians Don't Say About the Military's Sexual Assault 'Epidemic'

Link: http://www.breitbart.com/Big-Peace/2013/11/24/The-Military-s-Sexual-Assault-Epidemic-in-Context (via shareaholic.com)


When I joined the U.S. military in January 2011, a family member asked me: "Aren't you worried about being raped?" And she wasn't the only one. Many people cautioned me that I would be entering an institution synonymous with machismo, authoritarianism, and violence.
What I found instead was very different: professionalism, respect, and a strong presence of women in the highest ranks. I also found the most transparent, aggressive, and in-your-face Sexual Assault Prevention and Response (SAPR) program I had ever witnessed.

Under the UCMJ, any military service member or even retiree can be punished for offenses (UCMJ Article 77), including accessories (78) and anyone who conspires in the punishable activity (87). People who attempt to commit an offense and fail to succeed may also be court-martialed (80). And offenders may be punished for any lesser included offenses (79).
So even if the preponderance of evidence fails to support a conviction for rape or sexual assault, an accused soldier may still be discharged from the military and punished for a related offense like failure to obey an order (92), cruelty toward and maltreatment of a subordinate (93), unbecoming conduct (133), fraternization (134), or providing alcohol to a minor (134).
If service members fail to obtain justice through the regular process, which is largely at the discretion of their Commanding Officers (COs), there already is a way for them to circumvent the CO and file a complaint of wrongs against the CO under UCMJ Article 138.
That is why I have been surprised to hear U.S. Senators imply that service members currently have no recourse outside their CO and that a new, parallel organizational structure is needed.

Compare all this to the model for sexual assault prevention and response at the institution I belonged to before the military—Harvard College. There, complaints of sexual assault are filed with the Administrative Board, or "Ad Board," comprised of deans and faculty members. The written policies regarding sexual assault are far less favorable to victims, requiring non-consent to be expressed "verbally or physically" and requiring the Ad Board members to be "sufficiently persuaded" that an assault occurred.
In stark contrast to the stories I've heard about military perpetrators landing up in Leavenworth Prison, Harvard's history of dealing with sexual assault cases might easily give more encouragement to perpetrators than victims.
During my time at Harvard College, between 2005 and 2009, I had one friend who was sexually assaulted by a fellow student, another who was beaten by her boyfriend (a fellow student), and another who was involved in a highly improper and abusive relationship with a professor. Not one of these incidents was ever reported.
In the five years from 2005 to 2010, according to the Harvard Crimson, eight cases of sexual misconduct were brought before Harvard's Ad Board. Only three perpetrators were required to withdraw from Harvard College for at least six months, and none received a permanent expulsion.


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