110 HCON 397 IH: Expressing the sense of the Congress U.S. House of Representatives 2008-07-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV 110th CONGRESS 2d Session H. CON. RES. 397 IN THE HOUSE OF REPRESENTATIVES July 29, 2008 Ms. Harman (for herself and Mr. Turner) submitted the following concurrent resolution; which was referred to the Committee on Armed Services CONCURRENT RESOLUTION Expressing the sense of the Congress regarding sexual assaults and rape in the military.

Whereas since 2002, 59,690 female veterans reported being raped, sexually assaulted, or experiencing another form of military sexual trauma, constituting almost 20 percent of the women seen at VA facilities nationwide, according to the Department of Veterans Affairs’ figures; Whereas 41 percent of female veterans treated at the West Los Angeles VA Health Center reported being sexually assaulted while in the military, and 29 percent reported being raped during their military service; Whereas reported sexual assaults and rapes rose 73 percent from 2004 to 2006, according to Department of Defense figures; Whereas 2,688 reports of sexual assaults were made in fiscal year 2007, including 1,259 reports of rape, according to the Department of Defense; Whereas the chain of command took no action in almost half of the cases investigated claiming insufficient evidence and the majority of the remainder were dealt with through nonjudicial punishment or administrative action, which in most cases amounts to little more than a slap on the wrist; Whereas only 181 of the 2,212—or 8 percent—subjects investigated during fiscal year 2007 were referred to courts martial; Whereas civilian law enforcement authorities prosecute 40 percent of those arrested for rape, according to the United States Department of Justice and Federal Bureau of Investigation statistics; Whereas the absence of aggressive prosecutions by the military perpetuates a hostile environment and hinders a victim’s willingness to report a sexual assault or rape; Whereas the military’s response was to create the Sexual Assault Prevention and Response Office (SAPRO) in 2005, which serves as the single point of accountability and oversight for the Department of Defense sexual assault policy; Whereas SAPRO has improved reporting of sexual assault and rape, but still does not track investigations or prosecutions of reported cases; and Whereas sexual assault and rape are a threat to our national security: Now, therefore, be it

That it is the sense of the Congress that the Secretary of Defense should develop a comprehensive strategy to increase and encourage investigation and prosecution of sexual assault and rape cases in the military that includes the following elements: (1)Require commanders to be held accountable for sexual assaults and rapes that occur in their units and provide justification for disposing of cases through non-judicial punishment and other administrative actions. (2)Develop and enhance existing prevention and response programs by using proven best-practice methods to create a culture that prevents sexual assault and rape in the military and encourages more reporting by victims. (3)Conduct more aggressive oversight of existing prevention and response programs, analyze trends, and establish performance metrics to ensure that such programs are effective. (4)Require the Secretary to review current training methods for all military investigations and Judge Advocate staff, and implement any improvements that are necessary. (5)Encourage communication and data sharing between SAPRO and other military branches to enhance coordination and oversight of sexual assault and rape cases as they move through the legal process. (6)Review the capacity of the legal infrastructure in the military to investigate and prosecute effectively sexual assault cases in the military. (7)Examine any additional barriers (such as staff availability and adequate resources) on military bases and facilities in the United States, abroad, and in theater to conduct effective investigation of sexual assault and rape cases. (8)Review command disposition of cases and identify whether further oversight is required to ensure that cases reaching non-judicial ends are justified. (9)Classify a military protection order as a standing military order to assure an investigation has occurred and command has completely adjudicated allegations before the order can be overturned. (10)Establish a policy that mandates the notification of any military protective order issued on base to local civilian law enforcement to provide the continuity of protection of victims. (11)Ensure that once a servicemember has notified her or his command that she or he has been sexually assaulted or raped, the command affords the alleged victim an opportunity for a base transfer should a military protection order be issued.