[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 28 Introduced in House (IH)]

111th CONGRESS
  1st Session
H. CON. RES. 28

Expressing the sense of the Congress regarding sexual assaults and rape 
                            in the military.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 27, 2009

    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, 66,342 female veterans reported being raped, sexually 
        assaulted, or experiencing another form of military sexual trauma, 
        constituting 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
    Resolved by the House of Representatives (the Senate concurring), 
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.
                                 <all>