[Senate Hearing 108-799]
[From the U.S. Government Publishing Office]
S. Hrg. 108-799
POLICIES AND PROGRAMS FOR PREVENTING AND RESPONDING TO INCIDENTS OF
SEXUAL ASSAULT IN THE ARMED SERVICES
=======================================================================
HEARING
before the
SUBCOMMITTEE ON PERSONNEL
of the
COMMITTEE ON ARMED SERVICES
UNITED STATES SENATE
ONE HUNDRED EIGHTH CONGRESS
SECOND SESSION
__________
FEBRUARY 25, 2004
__________
Printed for the use of the Committee on Armed Services
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COMMITTEE ON ARMED SERVICES
JOHN WARNER, Virginia, Chairman
JOHN McCAIN, Arizona CARL LEVIN, Michigan
JAMES M. INHOFE, Oklahoma EDWARD M. KENNEDY, Massachusetts
PAT ROBERTS, Kansas ROBERT C. BYRD, West Virginia
WAYNE ALLARD, Colorado JOSEPH I. LIEBERMAN, Connecticut
JEFF SESSIONS, Alabama JACK REED, Rhode Island
SUSAN M. COLLINS, Maine DANIEL K. AKAKA, Hawaii
JOHN ENSIGN, Nevada BILL NELSON, Florida
JAMES M. TALENT, Missouri E. BENJAMIN NELSON, Nebraska
SAXBY CHAMBLISS, Georgia MARK DAYTON, Minnesota
LINDSEY O. GRAHAM, South Carolina EVAN BAYH, Indiana
ELIZABETH DOLE, North Carolina HILLARY RODHAM CLINTON, New York
JOHN CORNYN, Texas MARK PRYOR, Arkansas
Judith A. Ansley, Staff Director
Richard D. DeBobes, Democratic Staff Director
______
Subcommittee on Personnel
SAXBY CHAMBLISS, Georgia, Chairman
SUSAN M. COLLINS, Maine E. BENJAMIN NELSON, Nebraska
ELIZABETH DOLE, North Carolina EDWARD M. KENNEDY, Massachusetts
JOHN CORNYN, Texas MARK PRYOR, Arkansas
(ii)
C O N T E N T S
__________
CHRONOLOGICAL LIST OF WITNESSES
Policies and Programs for Preventing and Responding to Incidents of
Sexual Assault in the Armed Services
february 25, 2004
Page
Chu, Hon. David S.C., Under Secretary of Defense for Personnel
and Readiness.................................................. 8
Casey, Gen. George W., Jr., USA, Vice Chief of Staff, United
States Army.................................................... 147
Mullen, Adm. Michael G., USN, Vice Chief of Naval Operations,
United States Navy............................................. 150
Nyland, Gen. William L., USMC, Assistant Commandant, United
States Marine Corps............................................ 157
Moseley, Gen. T. Michael, USAF, Vice Chief of Staff, United
States Air Force............................................... 160
Hansen, Christine, Executive Director, The Miles Foundation...... 192
Rau, Terry J., Head, Policy and Prevention Section, Counseling,
Advocacy and Prevention Branch, Navy Personnel Command......... 204
Tucker, Deborah D., Executive Director, National Center on
Domestic and Sexual Violence................................... 208
Mather, Susan H., Chief Officer, Office of Public Health and
Environmental Hazards, Veterans Health Administration.......... 218
(iii)
POLICIES AND PROGRAMS FOR PREVENTING
AND RESPONDING TO INCIDENTS OF
SEXUAL ASSAULT IN THE ARMED SERVICES
----------
WEDNESDAY, FEBRUARY 25, 2004
U.S. Senate,
Subcommittee on Personnel,
Committee on Armed Services,
Washington, DC.
The subcommittee met, pursuant to notice, at 9:40 a.m. in
room SH-216, Hart Senate Office Building, Senator Saxby
Chambliss (chairman of the subcommittee) presiding.
Committee members present: Senators Chambliss, Warner,
Allard, Collins, Dole, Cornyn, E. Benjamin Nelson, Clinton, and
Pryor.
Committee staff member present: Leah C. Brewer, nominations
and hearings clerk.
Majority staff members present: Scott W. Stucky, general
counsel; Diana G. Tabler, professional staff member; and
Richard F. Walsh, counsel.
Minority staff members present: Gabriella Eisen, research
assistant; and Gerald J. Leeling, minority counsel.
Staff assistants present: Andrew W. Florell, Sara R.
Mareno, Nicholas W. West, and Pendred K. Wilson.
Committee members' assistants present: Jayson Roehl,
assistant to Senator Allard; Derek J. Maurer, assistant to
Senator Collins; Clyde A. Taylor IV, assistant to Senator
Chambliss; Meredith Moseley, assistant to Senator Graham;
Russell J. Thomasson, assistant to Senator Cornyn; Eric Pierce,
assistant to Senator Ben Nelson; Andrew Shapiro, assistant to
Senator Clinton; and Terri Glaze, assistant to Senator Pryor.
OPENING STATEMENT OF SENATOR SAXBY CHAMBLISS, CHAIRMAN
Senator Chambliss. The hearing will come to order. Good
morning. I apologize for running late. They've been running me
around the building. I was just telling these folks, I couldn't
find the right room, my Blackberry quit, and the elevators
quit. Everything that could go wrong did go wrong. Things are
going to get better with this hearing.
Good morning, the subcommittee will come to order. The
subcommittee meets today to receive testimony on policies and
programs for preventing and responding to incidents of sexual
assault in the armed services.
We'll hear from two panels this morning. First, we'll hear
from Dr. David Chu, Under Secretary of Defense for Personnel
and Readiness. Joining Dr. Chu is General George W. Casey, Vice
Chief of Staff for the Army; Admiral Michael G. Mullen, Vice
Chief of Naval Operations (CNO); General William L. Nyland,
Assistant Commandant of the Marine Corps; and General T.
Michael Moseley, Vice Chief of Staff for the Air Force.
Welcome, gentlemen. We look forward to hearing your
testimony this morning.
Our second panel will consist of witnesses with expertise
on issues related to violence against women and the treatment
of victims of sexual assault. I will introduce that panel upon
conclusion of our first panel.
Let me just make a comment about this morning. There is no
more serious subject, in my opinion, that the military of our
country has to deal with today, than the issue that we're going
to be talking about. We're in the middle of a war. We're
concerned about our men and women who are putting themselves in
harm's way as we are here this morning, and that's a very
serious situation that they are dealing with. The fact of the
matter is, we have military men and women who not only need to
have the right morale, but they need to know that they can
operate, on a daily basis in the United States military,
without fear of assault, without fear of sexual harassment, and
without fear of any person interrupting their daily routine.
They need to know they can carry out their normal activities on
a day-to-day basis.
I have to tell you that some of the stories that everybody
behind this table has heard over the last several months are
very frightening, and we take them very seriously. I will also
say that we are not here today to prosecute anybody, whether
it's an individual case that has come to our attention or the
individuals who were responsible for supervising the people who
were involved. We're here today to look at the facts as they
are, relative to how the military is dealing with this very
critical issue, and to do our job, which is oversight of the
United States military and to make sure that the policies that
are in place are doing what those policies are designed to do
to protect our men and women who are members of the United
States military.
We chose this important and troubling subject for the first
meeting of the Personnel Subcommittee this year in order to
underscore our deep concern about the problem of violence
against women in the Armed Forces. The information we have
received, as reflected in interviews with victims, in news
accounts, reports from the Services, and, indeed, in the
written statements submitted by our second panel of witnesses,
describes shocking percentages of sexual assault suffered by
women in uniform. This cannot continue.
These reports, which require further investigation, point
to unacceptable conditions for many women in uniform in all
ranks and potentially in all duty locations. These reports
raise many questions about how the Services currently respond
to incidents involving allegations of rape and sexual assault,
and, just as importantly, how the victims of such attacks are
treated. Clearly, the adequacy of the policies, programs, and
resources within the Department of Defense (DOD) and the
Services to respond to this complex problem is at issue.
We're aware that earlier this month, Secretary Rumsfeld
directed a comprehensive DOD-wide review of the effectiveness
of policies and programs, the manner in which sexual assaults
are dealt with, and DOD's effectiveness in precluding such
assaults in the first place. This is an appropriate step, and
we look forward to the findings and recommendations from this
internal review by DOD.
I must note that this is not a new problem. DOD and the
Services have policies and programs currently in place which
are designed to address this problem. For example, the Navy
initiated its Sexual Assault Victim Intervention (SAVI) program
almost 10 years ago. The subcommittee looks to you today to
discuss these current policies and programs to tell us what is
working, what went wrong, and what changes are needed.
Specifically, we want to know about the resources and
training your Services currently provide through officer and
enlisted leaders, who have the responsibility to respond to
allegations of rape and sexual assault. We want to hear about
your Services' plans to take steps aimed at preventing rape and
establishing methods that will ensure that service women are
not afraid to report or, worse, penalized for reporting sexual
attacks. We want to know about the Department's plans to ensure
that comprehensive treatment for victims is provided following
their identification. We must all work together to ensure that
service women are able to perform their duties in an
environment free from fear for their personal safety.
Before proceeding with your testimony, I want to take the
opportunity to recognize my good friend, a close good friend,
the subcommittee's ranking member, Senator Nelson. I'm pleased
to be working with him on this subcommittee as we address
issues of such importance to the success and well-being of our
service members, retirees, military families, and our civil
defense employees.
Senator Nelson, any comments you want to make in the form
of an opening statement will be recognized at this time.
Thank you.
STATEMENT OF SENATOR E. BENJAMIN NELSON
Senator Ben Nelson. Thank you very much, Mr. Chairman. I
thank you for bringing this matter before our subcommittee and
for the opportunity to delve into the issues that are now
before us.
I would like to welcome Secretary Chu, General Casey,
Admiral Mullen, General Nyland, and General Moseley. Thank you
very much for being here with us today.
Unfortunately, this isn't one of our normal hearings where
we look forward to discussing the current and future state of
military issues with witnesses. Rather, this is a hearing that
we're holding because circumstances require it. It is not
because we want to, but the circumstances dictate that we do
this.
We're greatly alarmed at reports of sexual assaults on our
service women and the apparent failure of the military systems
to respond appropriately to the needs of the victims. Women who
choose to serve their Nation in military service should not
have to fear sexual attacks by their fellow service members.
When they are victims of such an attack, they absolutely must
have effective victim intervention services readily available
to them, and they should not fear being punished for minor
offenses when they report the attack, or being re-victimized
through the investigative process.
Last November, The Denver Post ran a series of articles
titled ``Betrayal in the Ranks.'' In these articles, The Denver
Post reported that, ``All the Armed Forces have mishandled
sexual assault cases by discouraging victims from pursuing
complaints, conducting flawed investigations, and depriving
victims of support services.'' During The Denver Post's
investigation, more than 50 sexual assault victims reported
fear of retaliation, damage to their careers, and being
portrayed as disloyal, as well. Many who reported their
assaults were punished, intimidated, ostracized, or told they
were crazy.
In January, The Denver Post again reported that, ``At least
37 female service members have sought sexual trauma counseling
and other assistance from civilian rape crisis organizations
after returning from deployment in and around Iraq.'' The
Denver Post reported that many of the victims are women of high
rank; several of them, officers. The Denver Post noted a
disturbing trend, a disregard for the female service members'
safety and lack of appropriate medical treatment after assault.
Some victims were left in the same units as their attackers and
were not provided sexual trauma counseling.
In February, USA Today published a similar article, saying
that some of the victims felt that they had been doubly
victimized, first by the attackers in their own ranks, and then
by the shoddy military treatment. They complained that the
military failed to provide basic services available to
civilians who have been raped, from medical attention to
criminal investigations of their charges. The Pentagon has
acknowledged that at least 88 cases of sexual misconduct have
been reported by troops in Iraq, Kuwait, and Afghanistan.
Later in February, The Denver Post reported a wave of
sexual assaults at Sheppard Air Force Base, in Texas. Again,
the Post reported that female victims were discouraged from
reporting crimes, including being punished for breaking other
rules involving curfews or alcohol.
What has been the military response to these articles? We
know that the Secretary of Defense has directed a 90-day review
of the effectiveness of DOD policies and programs, the manner
in which the DOD deals with sexual assault, and its
effectiveness in precluding such assault in the first place.
The Acting Secretary of the Army has appointed a task force to
look into this issue, and the Air Force Commander of Air
Education and Training Command has appointed a commander-
directed review of sexual assault allegations at Sheppard Air
Force Base.
These are all appropriate responses to get an accurate
assessment of the scope of the problem, but I'm concerned,
because at this point, I don't feel a sense of outrage by
military leadership. I am outraged that any woman serving in
our military is raped or sexually assaulted, and I am appalled
by the reports of failure of military leadership to respond
appropriately.
These reports of sexual assault and the Service response
are shockingly familiar. They reflect the same concerns
expressed by the cadet victims of sexual assault at the Air
Force Academy (AFA). Two official reports into the allegations
at the AFA show that the concerns expressed by female cadets
are real. Granted, many of the non-academy cases reported by
The Denver Post are dated, some going back decades. However,
the surprisingly similar comments by victims suggest that not
much has changed over those years.
The committee will not sit by and allow this situation to
be handled matter-of-factly. These reports are serious, and
they need to be dealt with seriously. That's why we've asked
for the Under Secretary of Defense and the Vice Chiefs of each
of the Services to appear today as witnesses. We fully expect
you to carry back our concern for the safety and well-being of
our female service members. We know that it's too early to have
any meaningful results from the three ongoing inquiries into
this matter, five inquires if we count the two ongoing
Inspector General (IG) inquiries into the allegations at the
AFA. It's not too early for all of us to demonstrate a sense of
urgency about getting to the bottom of this and making
appropriate corrections. If legislation is needed, we will
deliver.
Some have argued that the problem is the Uniform Code of
Military Justice (UCMJ), and I'll certainly be interested in
what the ongoing inquiries have to say about that.
I believe there's much more that has to be examined. We
need to have effective programs in place to prevent rape and
sexual assaults in the first place. Young women who are
sexually assaulted are scared, confused, intimidated,
embarrassed, and they feel betrayed by their fellow service
members. You cannot and should not expect them to know what
kind of care they need and how to seek it simply on their own.
The Services need effective victim intervention programs that
are fully staffed and readily available to victims of sexual
assault.
Our second panel is composed of experts, as the chairman
has said, who deal with military victims of sexual assault on a
day-to-day basis, and they perform a tremendous service to our
military personnel. I can't thank them enough for what they do.
I'm most hopeful that they will be able to give us their
insights into the shortcomings of the current service programs.
I'm most grateful for Ms. Christine Hansen of the Miles
Foundation, Dr. Terri Rau, and others who are here today.
They'll be introduced at a later time.
We appreciate very much the first panel. We hope that the
first panel will have an opportunity to have a representative
remain, if you're unable to remain for the second panel, and
report back to you on what the second panel has to say.
So, Mr. Chairman, thank you very much for holding this
important hearing. We owe it all to service members to provide
all of them a safe and healthy environment when they volunteer
to serve in our Nation's military.
Thank you so much.
Senator Chambliss. Thank you, Senator Nelson.
We have some subcommittee members and some full committee
members who are with us today that have an opening statement.
I'll turn to Senator Collins.
Senator Collins. Thank you very much, Mr. Chairman.
Let me begin my remarks by commending you for holding this
hearing. It's a tribute to your leadership and character that
you have taken this issue so seriously and have focused the
subcommittee's attention on it. I want to acknowledge and thank
you for your leadership.
The issue before the subcommittee today is tragic. It is
not tragic because of the nature of war or because of the
conditions under which our military operates. It is tragic
because the conduct involved is illegal and completely
unacceptable. No war comes without cost, but the costs should
be borne out of conflict with the enemy, not because of
egregious violations by some of our own troops. What does it
say about us, as a people, as a Nation, as the foremost
military in the world, when our women soldiers sometimes have
more to fear from their fellow soldiers than from the enemy?
Why is there less public outrage when service women suffer at
the hands of their own fellow service men than from the enemy?
Women have served honorably in the United States military
for longer than we have had the right to vote. In Afghanistan
and Iraq, women have served and risked their lives alongside
their male counterparts, bravely defending freedom in distant
lands. Some were captured, others were killed in action (KIA),
not because they were women, but because they were soldiers
fighting for their country.
When Saddam Hussein invaded Kuwait, then-President Bush
declared, ``This will not stand.'' Mr. Chairman, I think we
should echo those words of determination. This cannot stand. We
must support the women who wear this country's uniform. We must
ensure that medical treatment and counseling are made available
to victims of sexual assault. We must take these allegations
seriously. Most of all, we must ensure that justice is swift
and certain for the criminals who have perpetrated these
crimes.
Thank you, Mr. Chairman.
Senator Chambliss. Thank you, Senator Collins.
Senator Allard, we're glad to have you with us. I'll
recognize you at this time.
Senator Allard. Well, thank you, Mr. Chairman.
First of all, I'd like to recognize your leadership. We've
had some personal discussions about this issue as it involves
the military, as well as the AFA. Also, I would like to
recognize the chairman of the full committee, Senator Warner,
who's with us, and who's also taken a personal interest. I had
an opportunity to visit with both of you on this most important
issue.
First, let me say that understanding the problem of sexual
assaults in the military and effectively developing policies,
processes, and procedures for addressing it will not be an easy
task. Mr. Chairman, you have embraced this challenge, and I
commend you for it. Your leadership will make a significant
difference as we go forward.
I'm glad to see that so many members of the committee here
are reading The Denver Post. Last November, The Denver Post
wrote a series of reports on sexual assaults in the military,
which I found very disturbing. These reports raise serious
questions about whether the military was responding
appropriately to sexual assaults. Were victims receiving the
care and treatment they needed? Were victims being punished for
reporting? Were perpetrators of these crimes being punished?
Does the UCMJ need to be revamped? I've been asking these
questions ever since.
I later met with a number of victims who were sexually
assaulted while serving in our military, including some that
had just returned from Iraq. Many of the victims' stories were
heart-wrenching and appalling. In some cases, I was utterly
speechless and outraged. I believe we have a serious problem
that will not go away with time.
Let me also share with the subcommittee one lesson I took
away last year from my experience in dealing with the sexual
assault issues at the AFA. That lesson is that there is no such
thing as a perfect sexual assault prevention and response
program. For years, most sexual assault experts believed the
AFA's Sexual Assault Prevention and Response Program was ideal.
Confidentiality was protected, and victims could seek peer
counseling. As we all now know, the reason why confidentiality
was protected was because victims were discouraged from
reporting. Even more alarming, most academy leaders did not
know female cadets were being sexually assaulted in large
numbers.
Today I urge our witnesses to constantly review their
sexual assault programs and always look for ways to improve
them. Thinking that you have the perfect system will only lead
to failure and result in innocent victims being mistreated or,
worse, punished. We cannot afford to lose good men and women
just because we haven't taken this issue seriously.
I would also like to take a moment to note Secretary
Rumsfeld's leadership on this issue. I strongly support his
decision last month to form a task force to investigate the
allegations of sexual assault in Iraq, and believe the task
force leader Ms. Ellen Embrey, with whom I have met, will do an
excellent job. With the mental and physical health of service
members at stake, coupled with the fact that many are presently
deployed in stressful combat environments, it is imperative
that we get to the bottom of these allegations.
Mr. Chairman, thank you for calling this important hearing
and your continued leadership on this issue. I'd note that
making this your first hearing of the year sends a good signal,
and I'm pleased that you're taking that kind of interest in
this issue. I look forward to the testimony of our witnesses.
Senator Chambliss. Thank you, Senator Allard.
Mr. Chairman, it's because of your direction, your
interest, and your encouragement that this hearing came about
today. We're pleased to have you join us, and I'll recognize
you.
Senator Warner. Thank you, Chairman Chambliss. I want to
commend you, as others have, and our colleagues here this
morning who have joined in this hearing.
I say to you, most respectfully, I join Senator Allard's
praise of Secretary Rumsfeld and his initiative. This committee
is prepared to back the United States military to achieve zero
tolerance.
I first became really acquainted with the importance of
this when I was Secretary of the Navy, and we had some problems
then. I remember, for example, we got a firm hold on this back
during that period of time. From time to time, we have to
revisit it. I was always proud of the fact that I laid the
foundation to integrate Annapolis and make it possible for
women to pursue their careers in the Naval Academy. We're here
to support you, and if you don't carry it out, we're going to
take over.
Thank you very much.
Senator Chambliss. Thank you, Mr. Chairman.
We now will move to our first panel.
Dr. Chu, we're pleased to have you back with us, and look
forward to your testimony. We'll start with you.
I would ask each of you, if you would, to summarize your
statements. We will certainly put your full statement in the
record.
Dr. Chu.
STATEMENT OF HON. DAVID S.C. CHU, UNDER SECRETARY OF DEFENSE
FOR PERSONNEL AND READINESS
Dr. Chu. Thank you, Mr. Chairman, Senator Warner, Senators.
I'm privileged to be joined today by my colleagues from the
military services to answer your questions on this important
issue of how we handle sexual assault in the military. I do
have a longer statement, which I will submit for the record.
As Senator Collins pointed out, the basic policy on this
issue is clear. Sexual assault is a crime. It is clear in the
law. It is clear in the regulations of DOD. It is clear in the
statement of the Secretary of Defense. He has, as you've all
noted, directed that we undertake a 90-day review of how well
we're carrying out these policies and how well DOD programs
actually sustain these policies when they're implemented in the
field.
Indeed, as I speak, Ms. Embrey, our task force leader, is
in the Central Command (CENTCOM) area of operations, including
Iraq, to look at this issue and to begin the factfinding and
data collection that will be so essential to gauging what we
should do next.
A principle focus of that review is how we care for the
victim. How do we take care of the individual who has been
harmed? You've all touched upon that in your statements. As
some of you have also noted and as Senator Warner has
indicated, even more important in the long run is preventing
assault from taking place in the first place.
As we all appreciate, both in civil society and the
military, this is a widely under-reported crime. It is a
problem for the civil authorities and a problem for us, as
well. For that reason, I think that Congress has wisely
directed in the statute that DOD undertake a quadrennial survey
of its population to determine the degree to which sexual
harassment and other forms of inappropriate conduct of this
sort occur. I have asked that we speed up the publication of
the results from that latest survey, which was taken in 2002,
so that it can be available for the committee. I think you have
copies in front of you of the preliminary printing this
morning.
This is a survey that I believe is a bit unique. It has a
blue cover on it, for those of you who are looking for it. It
is unique in surveying a broad population. There are very few
such surveys around. Really there are no comparable civil
benchmarks, so we really can't tell the degree to which
incidents in the military differ from that of the civil
population.
[The Armed Forces 2002 Sexual Harassment Survey follows:]
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Dr. Chu. We recognize we're not immune from the ills of the
civil population. I'll return to that point in just a second.
We do, as Senator Warner indicated, set a higher standard in
the military, and we aim to meet that standard. As Senator
Allard indicates, that is a long-term challenge for our
institution.
The survey does provide us one benchmark, however, and that
is, how we did in an earlier period of time. A similar survey
with very similar questions that permit methodologically sound
comparisons was taken in 1995. Let me briefly summarize the key
results and invite you and your staff to peruse the detailed
data at your convenience.
First of all, the incidence of sexual assault in the
military is down from 1995. It is approximately cut in half
from the level that prevailed 7 years earlier. Second, our
people believe that the training they have received in dealing
with issues like sexual harassment and other inappropriate
forms of sexual conduct is good, and at least the majority
believe that they know what they should do, and how they can
report such incidents if and when they occur. Third, the
majority of our people believe that commanders are willing to
take action on issues like sexual harassment and more serious
forms of sexual misconduct.
Indeed, as you look at the results in this survey, what you
see is that the misconduct is concentrated in the most junior
ranks, or the people who have most recently joined the
military. This comes back to our challenge, which is recruiting
from the larger civil population. The challenge that we must
meet is how to enforce a higher code of behavior.
We have improved over this period of time. Our performance
is not perfect, as the specific incidents to which you've
pointed attest; hence, the review the Secretary has ordered. We
are committed to making the improvements that are necessary to
get the next round of improvement to occur. Above all, we are
committed to care for the victim properly, to have the sense of
urgency that Senator Collins and others have identified, and to
work to prevent such assaults from taking place in the first
place.
With your permission, Mr. Chairman, I would turn to my
colleagues for their summaries of the individual Service
efforts in this regard.
[The prepared statement of Dr. Chu follows:]
Prepared Statement by Dr. David S.C. Chu
PREVENTING AND RESPONDING TO SEXUAL ASSAULTS
Thank you, Mr. Chairman, for inviting me to appear before you today
to discuss Department of Defense (DOD) policies and programs related to
sexual assault. The Secretary of Defense has clearly stated that we
will not tolerate sexual assaults in the Armed Forces of the United
States. I shall address the policies and programs of the DOD, and the
Vice Chiefs of Staff of the Services, who are prepared to testify with
me, will address the policies and programs of their Services.
Sexual assault is criminal conduct and will not be tolerated in the
DOD. Commanders at every level have a duty to take appropriate steps to
prevent sexual assaults, protect victims, and ensure the best possible
medical and support services are available to them, and hold those who
commit offenses accountable. All the elements of these policies are
essential to morale, good order and discipline within our Armed Forces.
Regardless of whether our service members are deployed in combat
environments in foreign lands or are serving in peacetime garrisons
within the United States or elsewhere, they have a right to believe,
and to expect that these policies will be fully enforced throughout the
chain of command.
I will relate additional details of these policies throughout this
statement, but let me reiterate at the outset that Secretary Rumsfeld
has expressly stated to the Department his concern about recent reports
of sexual assaults. Twenty days ago, Secretary Rumsfeld directed me to
review how DOD handles treatment of and care for victims of sexual
assault, with particular attention to any special issues that may arise
from the circumstances of a combat theater. Secretary Rumsfeld's
directive to me emphasized that we are responsible for ensuring that
the victims of sexual assault are properly treated, their medical and
psychological needs are properly met, our policies and programs are
effective, and we are prompt in dealing with all issues. This review
will address the reporting of sexual assaults, including the
availability of private channels of reporting within combat theaters,
and whether additional instruction may be needed for deploying and
redeploying service members.
I have appointed Ms. Ellen Embrey, Deputy Assistant Secretary of
Defense for Force Health Protection and Readiness, to lead a DOD Task
Force on Care for Victims of Sexual Assaults. This task force has
already begun its work. As I testify before you today she is in Central
Command's (CENTCOM) areas of operations to begin the inquiry of her
task force. The task force consists of 10 members who have been
selected from the Services and the Joint Staff. They will draw upon
experts from the medical, personnel, social services, legal, and
criminal investigative communities. They will also engage with numerous
military and civilian experts, including victim advocates, to address
objectively the treatment and care of sexual assault victims.
Ms. Embrey's plan includes field review within the combat theater
of operations. She has my full authority to engage, as necessary and
appropriate, the military departments, the Joint Staff, the combatant
commands, the Office of the Secretary of Defense (OSD), the Inspector
General (IG) of the DOD, defense agencies, and DOD Field Activities to
provide the information needed to complete the review. The findings and
recommendations of this task force are due to me no later than April
30, 2004. I will make my report to Secretary Rumsfeld in May. Once he
has made his decision I will be glad to brief this committee.
Let me assure you that we are not limiting our efforts to this
individual task force. Last summer, a panel led by former Congresswoman
Fowler, investigated allegations of sexual misconduct at the Air Force
Academy (AFA). The panel made recommendations with a single priority in
mind: the safety and well-being of the women at the AFA. The report
contained 21 specific recommendations that the panel believed would put
the AFA back on track, and would ensure the continued success of the
institution as it trains future leaders of our Air Force. Senior
leaders in the Air Force are implementing those recommendations now as
Congress directed in the 2004 National Defense Authorization Act. As a
separate and distinct effort, Secretary Rumsfeld is in the process of
appointing the Defense Task Force on Sexual Harassment and Violence at
the Military Service Academies. This task force will conduct an
extensive review of policies and programs relating to these issues at
the Service Academies. They will have full authority to make
recommendations concerning policies and the laws governing the Armed
Forces.
Let me now turn to our fundamental policies. First, we must care
properly for the victim.
Today there is, in the United States, a heightened concern about
the rights of victims of all criminal offenses, and that concern is
acute when the victim has suffered through a sexual assault. The DOD
program for the protection of victims' rights is based on Federal law,
and is expressed in DOD Directive 1030.1. The rights of a crime victim
under this directive are:
1. The right to be treated with fairness and with respect for the
victim's dignity and privacy.
2. The right to be reasonably protected from the accused offender.
3. The right to be notified of court proceedings.
4. The right to be present at all public court proceedings related
to the offense, unless the court determines that testimony by the
victim would be materially affected if the victim heard other testimony
at trial.
5. The right to confer with (the) attorney for the Government in
the case.
6. The right to restitution.
7. The right to information about the conviction, sentencing,
imprisonment, and release of the offender.
For these rights to be exercised the victim must normally bring the
offense to the attention of the command structure or law enforcement
personnel. We are keenly aware that confidentiality is a major concern
to victims. Our challenge is to sustain these rights in a way that is
sensitive to confidentiality concerns. As our task forces conduct their
reviews, we shall address such concerns and attempt to determine
whether victims' rights are being protected throughout the Armed
Forces.
Health care support of victims is also a key element of our program
as it is implemented in the field. To this end, the Services each
provide health care support to victims. Health care and support
services are available to service members in the current deployment
theaters as well as in the United States and at overseas duty stations.
In-theater response to sexual assault is provided both through the
health care systems and law enforcement. Combat support hospitals are
equipped with DOD sexual assault forensic kits to ensure appropriate
evidence collection, and victim support is provided by behavioral
health and chaplain resources. At the unit level, combat stress
detachments, combat stress companies, and division level health assets
are available to victims of sexual assault. To ensure support for
victims of sexual assault in the combat theater, the Embrey Task Force
will address the efficacy of their existing programs and propose
improvements.
Even with resources, programs and policies, a key element in this
process is that the victim must make the decision to seek medical
assistance. At the medical facility, the victim may consent to a
forensic examination for the purpose of obtaining potential evidence.
This process is strictly voluntary. To protect the rights of the
individuals, consent cannot be obtained through coercion or by a direct
order. If performed, the forensic examination is conducted following
standard chain of custody procedures.
Follow-on care for behavioral health support is available and
highly encouraged. If the service member requires more extensive
physical and emotional support, she or he can be medically evacuated to
a medical facility in Europe or the United States.
Within the DOD, the most fundamental policy with respect to sexual
assault has been clearly established by Congress. Congress, without
specifically using the term ``sexual assault,'' has described a broad
spectrum of conduct as criminal. Accordingly, ``sexual assault'' is a
generic term that we all use to describe a spectrum of criminal
conduct. Every form of sexual assault is a felony that carries a
maximum punishment that includes a substantial period of confinement as
well as a punitive discharge.
The most serious form of sexual assault, the crime of rape, is a
crime that is, in addition, potentially punishable by death under the
Uniform Code of Military Justice (UCMJ).
The UCMJ also proscribes as felonies attempted rape, and forcible
assault with intent to commit rape. Similar to a lesser form of the
civilian offense of sexual battery, the military offense of indecent
assault comprises any unwanted touching done with intent to gratify
lust or sexual desire.
Because Congress did not specify indecent assault as a crime, it is
prosecuted under article 134, the general article, but this fact does
not change the felony character of the offense. As is the case with all
general article offenses, including indecent acts, indecent exposure,
indecent language, prostitution and pandering, the Government must
establish that the conduct was prejudicial to good order and discipline
or of a nature to bring discredit upon the Armed Forces. As you might
expect, these are not difficult burdens to carry.
The military offense of cruelty or maltreatment of a subordinate is
particularly effective in cases of sexual harassment or misuse of
authority to obtain sexual favors. This is a serious offense under the
UCMJ and does not require violence or physical mistreatment of a
subordinate. This charge would clearly be appropriate where a
subordinate consented to sexual relations with a military superior who
used his authority to obtain an advantage in the relationship.
Conduct unbecoming an officer is also an offense under the UCMJ
which may be used to deal with dishonorable or disgraceful conduct by
the officer when the conduct involves a member of the opposite gender
regardless of military or civilian status.
Where the offense and the surrounding circumstances are serious,
court-martial with all its attendant rights and requirements is the
appropriate disposition. Courts-martial require the services of
professional judge advocates and, proof beyond a reasonable doubt.
Not all the offenses that arise, however, are appropriate for
court-martial disposition. Where the offense is minor, and swift
resolution is imperative, non-judicial punishment or administrative
action may be appropriate. Article 15 of the UCMJ authorizes commanders
to take summary actions for minor offense, including minor sexual
offenses. Deciding the appropriate disposition of these offenses
requires training, experience and professional judgment. The Department
maintains a highly trained corps of professional judge advocates to
advise and assist commanders with these decisions. Today, these are
matters where the views of the victim, as well as the need for
discipline, are appropriate for consideration prior to decision.
While the UCMJ is the principal expression of DOD policy concerning
sexual assault, policy concerning sexual harassment is expressed in DOD
Directive 1350.2. This directive defines sexual harassment as:
(1) A form of sexual discrimination that involves unwelcome sexual
advances, requests for sexual favors, and other verbal or physical
conduct of a sexual nature when:
(a) Submission to or rejection of such conduct is made either
explicitly or implicitly a term or condition of a person's job,
pay or career, or;
(b) Submission to or rejection of such conduct by a person is
used as a basis for career or employment decision affecting
that person, or;
(c) Such conduct interferes with an individual's performance or
creates an intimidating, hostile or offensive environment.
(2) Any person in a supervisory or command position using or
condoning implicit or explicit sexual behavior to control, influence,
or affect the career, pay, or job of a military or civilian employee.
Similarly, any military member or civilian employee making deliberate
or repeated unwelcome verbal comments, gestures, or physical contact of
a sexual nature.
Violations of this directive by military personnel may be treated
as felonies and can be tried by court-martial. The maximum punishment
could include a substantial period of confinement and a punitive
discharge. Most often, the offense of sexual harassment is resolved
administratively under the provisions of service regulations, but our
policy is clear and it is also effective. Since 1991, the IGs of the
military services and of the DOD have included sexual harassment
prevention and education as special interest items in their inspections
and base visits. We will continue this emphasis in order to ensure the
Department's policies are being adequately implemented.
In summary, the DOD has, through the laws enacted by Congress,
strong and effective policies for dealing with offender accountability.
If any of the task forces I described earlier in my statement proposes
changes in these policies or practices, we will bring such proposals to
your attention without delay.
While these policies and resulting punishments can serve as
valuable deterents to undesirable behavior, prevention is the pre-
eminent objective. We know that training and active leadership
involvement can produce an environment that is intolerant of such
behaviors, and we are confident that creating such an environment will
reduce the incidence of assault To this end, our policies require
training at every level from the leader to the led. A principal means
by which we assess the effectiveness of these policies is through
surveys conducted by the Defense Manpower Data Center. Recent survey
results indicate that such preventative measures are being taken
seriously and are having positive results.
In 2002, the DOD conducted its third Joint-Service survey assessing
gender issues in the military as required by law. We have just finished
tabulating the results, and I am pleased to report on them today and
provide you with the report, because despite its title, it covers all
elements of inappropriate sexual behavior, including sexual assault.
The survey was fielded between December 2001 and April 2002.
Service members had the option to complete the survey using either a
paper-and-pencil version of the survey or they could complete it on the
Web. Using a stratified random sampling approach, over 60,000 service
members were selected to participate in the survey and almost 20,000
did for a response rate of 36 percent. Overall, the findings are
encouraging. The 2002 survey results indicate that DOD officials and
military leaders take the issue of sexual harassment seriously and
significant improvements have occurred. The survey results indicate
that in 2002 compared to 1995--the date of the previous survey, all
forms of unprofessional gender-related behaviors are less likely to
occur. When they do occur they are less likely to occur on an
installation, at work, or during duty hours. Sexual assault is least
likely to occur on an installation, at work, or during duty hours.
Between 1995 and 2002, reports of sexual assault on women declined
from 6 percent to 3 percent, and reports of perceived sex
discrimination, measured for the first time, were low. Most important,
the survey results indicate service members are being trained, they
understand sexual harassment policies and the behaviors that constitute
sexual harassment, and their ratings of their leaders for making honest
and reasonable efforts to stop sexual harassment are significantly
higher in than in 1995. Seventy-four percent of members in 2002
(compared to 65 percent in 1995) indicated leaders at the service level
were making honest efforts to stop sexual harassment. At the
installation level, these figures were 75 percent in 2002 and 65
percent in 1995; and similarly, at the local-level, these figures were
75 percent in 2002 compared to 67 percent in 1995--an overall
improvement of over 10 percent at all levels.
While the military services, overall, have made real advances in
combating sexual harassment, it is clear that there are some locations
where it is still occurring. Finding those locations and taking
corrective actions are logical follow-on actions to this survey effort.
In closing, let me state that the leaders of the DOD, from
Secretary Rumsfeld to the commanders in the field, share your
commitment to preserving the integrity of our Armed Forces, and to
ensuring that every service member is treated with the utmost dignity
and respect. Sexual assault will not be tolerated. Our reviews of the
issues before us today will be thorough and complete, and we will give
you a comprehensive report.
Senator Chambliss. Thank you, Dr. Chu.
Senator Chambliss. General Casey, we are glad to have you
here, and we look forward to your testimony.
STATEMENT OF GEN. GEORGE W. CASEY, JR., USA, VICE CHIEF OF
STAFF, UNITED STATES ARMY
General Casey. Thank you, Mr. Chairman, Senator Nelson,
members of the committee, and Chairman Warner, and I appreciate
the opportunity to appear before you today to talk about and
explain to you the Army's commitment for the care and support
of the victims of sexual assault.
As we sit here today, we have almost 300,000 soldiers
deployed in 47 countries around the globe. I want to assure you
that the Army is committed to the care and support of every one
of those soldiers. Respecting and protecting the dignity of all
of our soldiers is a cornerstone of our institution.
Despite our commitment to that basic principle of
leadership, recent allegations of sexual misconduct have caused
us concern, and we do take them very seriously. They have
prompted us to take a very focused and thorough review. Sexual
assault is a criminal offense that has no business in the Army.
Commanders and leaders at every level understand that they have
a duty to take the appropriate steps to prevent sexual assault,
and protect and support the victims, and to hold those who
commit such offenses accountable. The Army is committed to
dealing expeditiously with any complaint or allegation of
sexual assault, to providing strong support to victims of all
crimes, whether it's in a deployed environment or at home in
their garrisons.
Mr. Chairman, this is about leadership, unit cohesion, and
discipline. These are things we work very hard at in the Army.
We teach our leaders at every level to build a command climate
that fosters dignity and respect for every soldier, and we
teach them to create cohesive units grounded on the trust of
soldiers in the chain of command and in each other. We teach
our soldiers Army values and how to deal with sexual harassment
and sexual misconduct in basic training, and we reinforce it
twice a year. Our goal is to prevent sexual misconduct and to
ensure that any soldier who's a victim of a sexual crime
understands how to deal with it and feels free to report it to
the chain of command.
When sexual assaults are reported, the chain of command
maintains a dual focus on support of the victim and ensuring
proper and complete investigations. First of all, we have many
programs to ensure that a victim's medical and psychological
needs are properly met. Army hospitals, both in garrison and
deployed, provide medical care, collect evidence, and provide
counseling. The Army also operates a comprehensive victim
witness liaison program at every installation and in support of
deployed forces to prevent re-victimization. Today there are
such representatives down to division level in Iraq and
Afghanistan providing support for our soldiers. Victim support
is also available through our brigade equal-opportunity
advisors and our battalion-level chaplains. I will tell you
frankly here that our preliminary review of this area, in
victim assistance, leads me to believe that we have some more
work to do in this area.
Second, Army policy requires the prompt and thorough
investigation of every reported incident of sexual harassment
and sexual assault. Sexual assault is a crime, and our Criminal
Investigation Command is the primary agent for investigating
sexual assaults. Additionally, our Judge Advocate General (JAG)
and our lawyers, through their offices at home and with
deployed forces, provide legal advice to commanders for the
prosecution of suspects when the evidence warrants.
That said, we continuously monitor our programs and
policies to ensure that we are doing everything possible for
the soldiers who are victims of sexual assault. The recent
reports of more than 80 incidents of sexual assault in the
CENTCOM area of operations has caused us to look hard at our
processes and procedures for the reporting of sexual assaults
and for the support of its victims.
In addition to participating in the effort that David Chu
spoke of, the Acting Secretary of the Army has directed the
establishment of a task force to conduct a detailed review of
the effectiveness of the Army's policies on reporting and
properly addressing the allegations of sexual assault. This
effort is a total systems review of our policies, programs,
procedures, and training in regard to how we both prevent and
investigate sexual assault and how we provide the most
effective support to its victims.
This task force will report out at the end of May, but if
it identifies any actions to be taken sooner, we'll implement
them. I will tell you, along the lines of what Senator Allard
suggested, we have already implemented a quarterly review of
all sexual assault cases, that we will undertake here in
Washington. We simply will not tolerate sexual assault within
our ranks.
Mr. Chairman, every American can be proud of the job that
our young men and women are doing every day leading the defense
of America. In closing, I'd just like to reinforce to you what
General Schoomaker told you earlier this month when he appeared
before you. First of all, we're addressing this issue very
aggressively. It is a leadership issue, it is a command issue,
and it is a discipline issue. Those are three areas that get to
the heart of what the Army is all about. We have great
confidence in our soldiers and leaders, and we will do what is
right to ensure that every one of our soldiers is treated with
dignity and respect.
Thank you very much for having me here, and I look forward
to taking your questions.
[The prepared statement of General Casey follows:]
Prepared Statement by Gen. George W. Casey, Jr., USA
Mr. Chairman and members of the committee, on behalf of the men and
women of the United States Army, I appreciate the opportunity to appear
before you today to provide an overview of the Army's commitment and to
the care and support for victims of sexual assault. As I testify before
you today, we have more than 297,000 soldiers deployed in more than 47
countries around the globe. Let me assure you the Army--and its
leaders--are committed to taking care of every one of those soldiers.
Sexual assault is a criminal offense that has no place in our Army.
Such actions are incompatible with the values we demand of our soldiers
and demand of our leaders. Additionally, these actions degrade mission
readiness by undermining unit cohesion and our ability to work
effectively as a team. Commanders and leaders at every level have a
duty to take appropriate steps to prevent sexual assault, protect and
support victims, and hold those who commit offenses accountable. The
Army takes seriously every allegation of sexual misconduct and
thoroughly investigates all such allegations.
Respecting and protecting the dignity of every soldier are
cornerstones of this great institution. Throughout its 229 years of
service to the Nation, the Army has stressed to our soldiers and
leaders that demonstrating respect for one another is an integral part
of leadership and of soldiering--in fact, it is the foundation of our
ability to work as a team. Recently, despite our commitment to that
basic principle of soldier relationships and leadership, allegations of
sexual misconduct in the ranks have caused us concern and prompted us
to take a very focused and thorough review of this matter. We take
those reports seriously and are currently undergoing an extensive
review of the issues related to those reports.
The discipline of our Army, especially our deployed Army, is the
bedrock of today's superb fighting force. The Army has always been, and
remains committed, to taking care of soldiers and dealing expeditiously
with any complaint or allegation. It is incumbent on leaders at every
level to ensure that a climate exists where a soldier who is a victim
of a sexual assault or any other crime feels free to report that crime
to their chain of command and that leaders understand their
responsibilities to support the victims and investigate allegations.
When a soldier reports a criminal act such as this, the Army is
resolved to take immediate and proper action. We ensure that we focus
on both support to the victim with medical attention, if appropriate,
as well as verifying that there is chain of command knowledge of any
alleged incident. This allows the leadership to maintain a dual focus
on support to the victim and supervision of a proper and complete
investigation of the possible criminal conduct.
The U.S. Army Criminal Investigation Command is actively
investigating or has completed investigations in 86 sexual assault
crimes reported in the Central Command (CENTCOM) area of operations.
The Army takes a tough and aggressive stance on investigating and, when
the evidence warrants, prosecuting sexual assault cases. The Army is
committed to providing strong support to victims of all crimes whether
in a deployed environment or in garrison. As with all criminal
allegations, there is a presumption of innocence until a case is fully
investigated and, if appropriate, tried in a court of law. As you are
well aware, the Uniform Code of Military Justice (UCMJ) provides
commanders with the necessary process to ensure good order and
discipline in our force. By protecting the rights of the accused and
victims alike, the UCMJ provides the tools necessary to ensure the
integrity of our investigatory and military justice system. The Army is
committed to ensuring that the victims of sexual assault are properly
cared for and treated and that their medical and psychological needs
are properly met. Victim support is a chain of command responsibility,
and we have many great programs that focus on victims of sexual
assault. Law protects the rights of victims, and the Army operates a
comprehensive victim/witness assistance and liaison program, consistent
with Federal law and Department of Defense (DOD) instruction, at every
installation and in support of deployed forces. DOD and Army
regulations require victim/witness services available in theater,
normally at the division level, providing support to victims of crimes,
including sexual assault. The Combat Support Hospital in Iraq is
equipped with an emergency room to provide medical support to victims.
In addition to the general medical support, the Combat Support Hospital
is equipped with rape protocol kits and standard operating procedures
on the proper collection of evidence. Finally, the Combat Support
Hospital has protocols in place for victim assistance aside from
medical treatment. Kuwait also has extensive medical facilities,
including psychiatric support. We are reviewing our programs and
policies to ensure they effectively meet the needs of our soldiers who
are victims of sexual assault.
We are assessing the Army's policies and programs to determine
whether they properly provide appropriate support services to victims
both in garrison and in a deployed environment. To ensure that our
current policies and programs are effective, the Acting Secretary of
the Army has directed the establishment of a task force to conduct a
detailed review of the effectiveness of the Army's policies on
reporting and properly addressing allegations of sexual assault. The
task force will further review the processes in place to ensure a
climate exists where victims feel free to report allegations and
leaders at every level understand their responsibilities to support
those victims. This task force will render its report by the end of May
2004. However, if the task force identifies problem areas sooner, the
Army will implement new procedures as they are approved. The Acting
Secretary of the Army communicated an Army-wide message on the work to
be done by the task force and to ensure leaders at all levels are
focused how we support victims of sexual assault. The specific charter
of the task force is to:
Conduct a systems review of the Army's policy on
sexual assault and the processes currently in place.
Review the processes currently in place to ensure a
climate in which victims feel free to report allegations and
ensure commands understand their responsibilities to support
the victims and investigate the allegations.
Recommend changes or additions to current policies,
programs, and procedures to provide clear guidance for
reporting and addressing sexual assault allegations and
protocols for the support of victims.
This effort is a total systems review of policy, programs,
procedures, and training with regard to how the Army both works towards
the prevention of and the resolution of sexual assault once it occurs.
Good leadership is critical to the creation and maintenance of a
positive human relations environment where soldiers are willing to
report any act of sexual misconduct, without fear of retribution,
reprisal, or impact on their careers. The Army will simply not tolerate
sexual misconduct within our ranks, and the key to correcting this
problem is effective leadership.
I have unwavering confidence in the talent, integrity, and
professionalism of the individuals who make up our Army. Every American
can be proud of the job our soldiers do every day in leading the
defense of America. In the past, the U.S. Army has faced and overcome
daunting challenges in its human dimension. We have the people, the
will, and the tradition to achieve and maintain an environment of
mutual dignity and respect--for all our soldiers. The leadership of
this great Army wants the very best for all of our soldiers. When the
unthinkable happens to one of our soldiers, we are committed to provide
them the very best in victim support and services.
Once again, thank you for allowing me to speak before you today and
I look forward to answering your questions.
Senator Chambliss. Thank you, General.
Admiral Mullen, thank you for being here.
STATEMENT OF ADM. MICHAEL G. MULLEN, USN, VICE CHIEF OF NAVAL
OPERATIONS, UNITED STATES NAVY
Admiral Mullen. Good morning, sir.
Senator Chambliss, Senator Nelson, distinguished members of
the subcommittee, Chairman Warner, Senator Allard, and Senator
Clinton, I greatly appreciate this opportunity to appear before
you to discuss this critical issue of sexual assault.
Let me state up front, sexual assault of any kind is
intolerable and corrosive to the good order and discipline of
our Navy. I want to be clear on this topic. This is not just in
my Navy. It is a crime, and it is unacceptable.
I do believe the Navy has a strong, comprehensive program,
and our current statistics are trending in the right direction.
However, we're not at zero. Words like ``sense of urgency,''
``outrage'' and ``zero'' are appropriate.
The Navy is committed to providing a coordinated
multifaceted program to prevent and respond to sexual assault.
Our guiding principles in formulating our policies and programs
in this area are prevention, active victim intervention and
support, leadership responsibility and accountability, full and
complete investigation, timely and accountable prosecution,
sound training and education, rapid reporting, with active,
accurate data collection, and continuous improvement.
When considering an effective approach, we've looked at the
problem through the lens of readiness to do the country's
bidding while adhering to these principles. As a result,
prevention leads the list.
Command responsibility and accountability are the
centerpiece of program implementation. In cases where an
assault occurs, protecting the victim becomes the top priority
as we thoroughly investigate each case to hold the accused
accountable. We do this through the Navy's SAVI program. Our
head of Policy and Prevention in our Counseling and Advocacy
and Prevention Branch in the Navy is Dr. Terri Rau, and she
will be with you in the second panel today. She is a true
expert in the field, and has contributed significantly over the
past decade. Much of our success of successful programs has
been born from her diligent efforts.
The SAVI program was established as an outgrowth of the
1990 Navy Women's Studies Group to ensure that victims of
sexual assault are treated with fairness and respect. The
program's stated mission is ``to provide a comprehensive,
standardized Navy-wide advocacy system to prevent and respond
to sexual assault.''
SAVI's aim is to prevent and to respond to sexual assault
throughout the Navy, with reporting and data collection as
required elements. It is important to note that the Navy was
striving to get its personnel policy programs right at the
time, particularly with respect to gender issues as a result of
both integrating women at sea, which started in 1978, and
Tailhook. Consequently, this effort was very deliberate and
received considerable review.
The SAVI program has served the Navy, its service members
and their families well. A number of different reviews show
evidence of steady declines in the frequency of sexual assaults
over time. The draft 2002 Armed Forces Sexual Harassment
Survey, to which Dr. Chu referred, has us trending in the right
direction, with a 50 percent reduction between 1995 and 2002.
Our criminal investigative service has done a detailed
case-by-case review of sexual assaults from 2000 to 2002, and
that also indicates a decreasing trend of about 10 percent a
year for 2001, 2002, and 2003.
The program is strengthened by Navy leadership and is
engaged in preventing and responding to sexual assault. We have
SAVI training integrated into our leadership continuum of
schools, with time dedicated to the training of carefully
screened unit leaders, commanding officers, executive officers,
command master chiefs, selected senior enlisted petty officers,
and designated SAVI representatives.
I rely heavily on our commanding officers, who typically
have about 17 to 18 years of experience in our Navy. He or she
is, in turn, directly assisted by an executive officer with
about 13 years of experience, and a senior command master chief
with between 15 to 20 years experience. My point here is that
this leadership core is both experienced and fully devoted to
creating a positive command climate. More importantly, training
of these unit leaders is not a one-time affair. It is provided
multiple times throughout a career. This includes training in
handling the issue of prevention and action associated with
sexual assault. Sexual assault training is also required for
all hands annually.
In those unfortunate cases where prevention fails and a
sexual assault is reported within the Navy family, we follow
established procedures that include immediate support for the
victim, including a dedicated representative to prevent re-
victimization, immediate protection, medical treatment,
counseling support and guidance, initiation of a full
investigation, prosecution where appropriate, detailed formal
incident reporting, notification of law enforcement
authorities, command representatives, and commanding officers.
The SAVI program has, I believe, met the needs of our
service members, whose perspective, I think, is important. A
survey of SAVI program users 2 years ago reflected that 100
percent of those receiving advocacy services said that the
Services helped them cope with the sexual assault. Ninety-six
percent indicated that the program showed concern for sailors
and families.
That said, I recognize there is a need to do more. We are
doing more. In particular, the SAVI program has been recently
bolstered by incorporating information from national survey
findings in both our educational material and, due to the
incidence of alcohol influence in the majority of these type of
crimes, into all of our Navy drug and alcohol program
initiatives. This is clearly an area where we need to stay
focused. About one-half of the reported incidents of sexual
assault involved the use or abuse of alcohol.
Last year, we also developed and recently distributed a
sexual assault public-awareness campaign to our fleet and
family service support centers highlighting the Navy SAVI
program. We are also formulating a new general military
training program and improving our Web access.
There's still plenty of room to move ahead and make more
progress. Specifically, I want to get a better handle on our
many systems of reporting and tracking statistics and resolving
them. I'd also like to increase their frequency and expand the
sampling populations of formal surveys. Where our data shows an
increase in education and training will continue to improve
awareness and improve trends through prevention, I will add
more resources, tying the findings of sexual assaults into a
frequent root catalyst of the crime.
Mr. Chairman and members of the subcommittee, we're
committed to fostering a culture that protects victims of
sexual assault and holds those who commit sexual assault
accountable for their actions. We're investing more than ever
in our individual sailors and our officer corps to support a
strong Navy that is ready to respond, as it has in the last
several years, to events throughout the world. Sexual assault
has no place in it. Zero tolerance is the only acceptable
standard.
This hearing has provided another valuable opportunity to
reevaluate where we are and to take additional steps to ensure
our programs are the very best in the world to support the best
Navy in the world.
Thank you for your continued support of our Navy and my
other joint partners who are here with me today. We are making
progress. The trend is in the right direction, but we still
have work to do. I look forward to your questions.
[The prepared statement of Admiral Mullen follows:]
Prepared Statement by Adm. Michael G. Mullen, USN
Mr. Chairman and subcommittee members, I greatly appreciate the
opportunity to discuss the important issue of sexual assault in the
Navy. The Department of the Navy policy is very clear on this matter:
there is no place for sexual assault in the Navy, period. In those
cases where a sexual assault allegation does occur, the victim is
immediately treated with fairness and respect, and every effort is made
to hold the accused accountable. Our program has elements of both
prevention and response; and in the response phase, it is victim-
oriented to minimize revictimization and to provide the best support
possible to a service member, a shipmate if you will, in need.
The Navy is committed to providing a coordinated, multi-faceted
effort to prevent and respond to sexual assault. The Navy's efforts are
based on several principles which guide us in formulating our policies
and programs: prevention; active victim intervention and support;
leadership responsibility and accountability; full and complete
investigation; timely and accountable prosecution; sound training and
education; and rapid reporting with active data collection. When
considering an effective approach, we've looked at the problem through
the lens of readiness while adhering to the principles articulated
above. Prevention leads the list. Command responsibility and
accountability are the hallmarks of our profession and thus, become the
centerpiece of program implementation. The commander of each unit must
create the right climate, sustain an awareness of the issues, conduct
training for all hands, and properly report incidents when they occur.
In cases where an assault occurs, protecting the victim becomes the top
priority. To accomplish this, we thoroughly investigate each case and
strive to ensure accurate data is retained, while constantly seeking to
improve in every area where an ounce of prevention could avert an
incident.
Our broad array of response services encompasses not only service
members but their dependents as well, even in cases occurring off Navy
installations. To be clear, regardless of the circumstances, we are
committed to provide immediate assistance, with specially trained
command representatives and victim advocates, regardless of whether an
assault occurs onboard a ship, on a military installation, on liberty
in a foreign port, or in an apartment out in town.
I thank you for your leadership on this issue. There are a number
of ideas the Navy has incorporated into our program because of your
past recommendations and the insights of members and staff. This is a
very important time and opportunity for all of us to learn, take
additional steps forward, and continuously improve.
BACKGROUND
In 1990, the Chief of Naval Operations (CNO) formed the Navy
Women's Study Group. They issued a comprehensive report on the progress
of women in the Navy that highlighted problems with sexual assault.
Their recommendations included establishment of a Navy-wide sexual
assault victim assistance program, all-hands training in sexual assault
awareness and prevention, and development of a database to maintain
records and attend to any developing trends. Navy leadership, at both
the Secretary and CNO level, supported the recommendations and, as a
result, the Sexual Assault Victims Intervention (SAVI) program was
established. The program's stated mission is: ``to provide a
comprehensive, standardized Navy-wide advocacy system to prevent and
respond to sexual assault.'' The effort involved in creating this and
other personnel policy programs was quite considerable as the Navy
strove to get these programs right the first time. The program was
expanded to include the entire fleet and, in 1994, to provide for SAVI
points of contact at all commands Navy-wide. The goal of the SAVI
program is to provide a comprehensive, standardized, gender-neutral,
victim-sensitive system to first, prevent, and second, respond, to
sexual assault throughout the Navy.
Current SAVI requirements place heavy emphasis on creating
awareness and providing prevention education. The program also ensures
victim advocacy and intervention while providing for long-term data
collection. Compliance with SAVI requirements is integrated with
command responsibility at the commanding officer level, the accountable
officer for properly executing all facets of this program instruction,
with program execution and compliance assured through our 67 Fleet and
Family Support Centers (FFSCs) worldwide. These centers provide
training and support of command SAVI points of contact and assist with
periodic assessment of SAVI requirements by the Navy Inspector General
(IG), component commanders, unit senior commanders, and commanding
officers.
PROGRAM AND PROCESS
There is a steady-strain focus within the Navy on sexual assault
awareness and prevention education. Leadership is engaged. Training on
SAVI and general sexual assault awareness specifically occurs at every
initial accession point for both officers and enlisted personnel, and
through our leadership continuum of schools that are required for each
increase in responsibility. Of note, dedicated time is spent on
training carefully screened unit leaders: commanding officers,
executive officers, command master chiefs, select senior enlisted,
petty officers, and designated SAVI representatives. I rely heavily on
our commanding officers, who typically have about 17-18 years of
experience. He or she is, in turn, directly assisted by an executive
officer with about 13 years of experience and a command master chief
with 15 to 20 years of experience. My point is that this leadership
core is experienced and fully devoted to creating a positive command
climate. More importantly, training of these unit leaders is not a one-
time affair; it is provided multiple times throughout a career. Sexual
assault training is also required for all hands annually and is taught
during General Military Training (GMT). Materials are provided to all
commands Navy-wide, as they have been since 1996.
SAVI, in partnership with Naval Education and Training Command, has
developed and distributed thousands of copies of three sexual assault
prevention and education videos for additional all-hands awareness and
training. At every Navy command, SAVI command coordinators/points of
contact are designated by the commanding officer to serve as the
command SAVI expert. They are responsible for implementing command
training requirements and providing victim resource information. Over
1,250 SAVI command points of contact were trained on sexual assault and
SAVI requirements during this past fiscal year alone. Further, this
entire effort has been integrated with the Navy's Right Spirit alcohol
deglamorization program due to the high correlation of sexual assaults
and alcohol use/abuse. This is certainly one area where increased
emphasis could result in improvement. Our efforts to prevent sexual
assault continue as we attack the issue through multiple, complementary
avenues with SAVI as the primary conduit, and I hold our commanders and
commanding officers responsible and accountable for its execution.
When a sexual assault involving Navy personnel is reported--and
there are multiple avenues for reporting an incident--the Navy follows
a mandatory process designed to provide immediate support to the
victim:
offer immediate advocacy services, including
protection, counseling, rights and medical treatment as
warranted,
notify law enforcement officials, command
representatives, and commanding officers,
collect and preserve evidence,
provide victim safety,
inform victims of their rights,
submit an immediate situation report (SITREP) that
informs the chain of command including Navy headquarters,
follow through on legal investigation and prosecution,
and
provide victims continuing support and access to
services even after official resolution.
A real strength of the SAVI program is in providing multiple
avenues for victims to report, seek appropriate criminal investigation,
and receive support, advocacy, and intervention services. This, coupled
with the assignment of a dedicated representative, encourages victims
to participate in investigations while truly minimizing the potential
for revictimization.
While SAVI facilitates education, law enforcement, and legal
response, we consider victim support as the most important element of
the program. Commanders are required to, and do, designate command
representatives who serve as the liaison with an individual victim. The
representative prevents revictimization by limiting the number of
command officials with whom the victim is required to interact and
provides a direct line of communication to the commanding officer. It
greatly increases the opportunity for the victim to voice safety
concerns, express preferences and receive information on the command's
response to the assault. I believe that the victim's perspective on how
Navy commands are doing is vitally important; we get our most important
report card from them. In a 2002 survey of SAVI program users, 100
percent of those receiving advocacy services indicated that the
services helped them cope with the sexual assault and 96 percent
indicated that the program showed concern for sailors and families.
These are positive indicators.
All Navy commands, ashore and afloat, provide 24/7 advocacy for
sexual assault victims, either through use of trained military
volunteers or community sexual assault advocates. While the SAVI
representative provides that single line of communication within a
command, the advocate provides guidance throughout the whole process,
links to services, as well as emotional support. Almost 1,700
additional military volunteers were trained and certified as sexual
assault victim advocates in fiscal year 2003 alone. This year, over 300
deploying/afloat commands had trained SAVI victim advocates assigned
aboard their ships and squadrons to respond without delay if sexual
assault occurred in a foreign port or while underway. We take our SAVI
services with us. Judicious handling of sexual assaults at sea are
critical to preserving unit cohesion, good order and discipline, and
mission accomplishment. Navy units, as vessels of diplomacy, emphasize
good behavior ashore and, while the Navy does not have a perfect track
record, fleet commanders and commanding officers are fully engaged.
This aids in minimizing improper conduct of all kinds while deployed,
including sexual assault. When appropriate, professional intervention
services for victims are available within FFSCs, Navy Medical Treatment
Facilities, major units afloat or through referral to available
civilian resources. The provision of clinical counseling services
within the FFSCs is unique to the Department of the Navy.
Individual commands play a key role in the success of the SAVI
program. In addition to annual mandatory training for all-hands, every
command is required to publicize a means by which individuals can
report situations or circumstances where they perceive they may be at
risk of sexual assault. Commands are required to report any alleged
sexual assault involving Navy personnel to the Naval Criminal
Investigative Service (NCIS) and forward a unit SITREP for all alleged
sexual assaults involving active duty or family members, or occurring
on Navy property. Command data collection coordinators are responsible
for collecting required information from involved third parties,
minimizing revictimization, and forwarding information in initial and
monthly continuation reports until a final disposition of the incident
is reported. Data is then extracted from SITREPs and entered into the
SAVI Rape and Sexual Assault System (RASAS) database at Navy Personnel
Command headquarters.
Analysis and Initiatives
The recent call by the Secretary of Defense and the Fowler Report
highlight the seriousness of sexual assault in the military. The Navy
is committed to improving our efforts in preventing this crime. In
doing so, we rely on inputs from subject matter experts like Dr. Terri
Rau, who is our SAVI expert and who you will hear from in the next
panel, from commanders and commanding officers, from fleet units, shore
commands, and a review of data on sexual assaults to improve our
program. The data is not as robust as we would like; the most reliable
data we have is often historical in nature. We know from surveys inside
and outside the Navy that a significant number of sexual assaults are
not reported. Knowing that, we can still move forward by drawing trends
from the data we do have.
With respect to the frequency of actual incidence, the draft 2002
Armed Forces Sexual Harassment Survey results, conducted by Defense
Manpower Data Center (DMDC) for the Department of Defense, indicated
that the number of Navy females reporting they had experienced sexual
assault in the prior year declined 50 percent when compared to 1995
data. This is corroborated by our NCIS data indicating a steady decline
of about 10 percent each year from 2001 to 2003 based on a recently
completed, case-by-case review.
As these surveys and case reviews indicate, we are trending in the
right direction based on caseload. But we are not out of the woods nor
will this issue ever disappear, especially as we bring in thousands of
new personnel every year, many of them in our most vulnerable age
group. While sexual assault is not confined to the junior ranks, in
comparing Navy and civilian data, both suggest that there is increased
risk for sexual assault among younger members, between acquaintances,
and in association with substance abuse, particularly alcohol. Alcohol
is a contributing factor in at least 50 percent of sexual assault
incidents. Also troubling, about 75 percent of sexual assaults are what
we call ``Blue on Blue'', that is, assault by Navy against Navy
personnel. These issues are of great concern. Sexual assault prevention
information has been included in all of our Navy Drug and Alcohol
Program initiatives. In light of our demographics and the seriousness
of sexual assault, constant vigilance is required. That is one reason
for our proactive measures to ensure elements of SAVI are embedded in
other programs.
To add to our understanding and awareness at Navy headquarters in
the near term, we have also instituted an internal monthly review of
sexual assault data to identify trends and address corrective action
early. The Chief of Naval Personnel will conduct this review and any
significant trends will be directly reported to the CNO and me. For
instance, we know that there were 12 Navy cases of alleged sexual
assault in Central Command (CENTCOM) in fiscal year 2003-fiscal year
2004, with 5 currently still active. We recognize that improved data
collection and tracking case disposition will come as a result of Navy
implementation of the Consolidated Law Enforcement Operations Center
(CLEOC). CLEOC is a coordinated effort by the Navy and Marine Corps to
provide the means to capture and report data to the Defense Incident
Base Reporting System (DIBRS). Navy security forces and NCIS began
reporting to CLEOC in January 2004. From this database, we hope to draw
additional insights which are statistically significant and credible in
order to better focus our preventive efforts in the future.
The recently published Fowler Report, following the incidents of
sexual assault at the United States Air Force Academy, was mostly
complimentary with regards to programs and policies they found at the
United States Naval Academy. There are, however, areas that require
improvement at the Naval Academy. The Navy is putting in place an
Executive Steering Group composed of myself, senior Marine Corps
officers and Department of the Navy civilians for broad oversight of
issues at the Naval Academy, including sexual assault. This Executive
Steering Group will advise the CNO and the Secretary of the Navy.
Continuing our efforts in prevention education, a new public
awareness campaign and updated general military training were developed
in 2003. The prevention of sexual assault public awareness initiative
forwarded to FFSCs this month highlights the Navy SAVI Program. The
campaign, ``Take a Stand! Speak Up! Stop Sexual Assault!,'' includes a
public service announcement, example press release, posters, and
informational brochures on SAVI, victim assistance and avoiding risk.
Installations may further adapt the materials by providing locally
specific contact numbers and information. GMT materials, already under
development, consider recent trends and refocus on specific areas of
concern. Specifically, the new annual materials will address:
effective sexual assault responses,
roles of leadership at all levels,
what constitutes consent versus sexual assault,
decreasing high-risk behavior, and
basic self-protective strategies.
We are also working to improve Web access to SAVI information and
expect to have a SAVI program Web site in place by the end of this
fiscal year. The Web site will provide information and resources to
those executing the SAVI program as well as victims reaching out for
information. Considering the nature of this crime, we expect that the
anonymity of the Internet will help encourage victims to educate
themselves on our program and then, hopefully, to report the crime. In
the future, it may also serve as a vehicle for anonymous surveys and
other initiatives requiring survey-type data.
There is still plenty of room to move ahead and make more progress.
Specifically, I want to get a better handle on our many systems of
reporting and tracking statistics, including case close-out, to enhance
my systemic indicators at the highest level. I'd also like to increase
the frequency and expand the sampling populations of surveys, institute
periodic data reviews with follow-up action, improve the quality of
preventive training and tie-ins with casual factors like alcohol, and
continue victim surveys. Where our data shows an increase in education
and training will continue to improve awareness and improve trends
through prevention, I want more resources applied. We must always
ensure we stay focused strongly on prevention, on the victims' needs
and holding responsible parties accountable.
SUMMARY AND CONCLUSION
Thank you for holding this hearing and for your continued support
as we pursue the important challenge of responding effectively to
complex personnel issues like sexual assault. We are committed to
improvement. Our first goal is prevention, and our most important goal
is to provide the best possible support to victims. Your Navy is
committed to fostering the culture that protects victims of sexual
assault, holds those who commit sexual assault accountable for their
actions, and engenders trust in the chain of command. We are investing
more than ever in our individual sailors and officers to support a
strong Navy that is ready to respond to events throughout the world.
Sexual assault has no place in the Navy. This hearing offers a valuable
opportunity to evaluate where we are and to take additional steps to
ensure our programs are the very best in the world to support the Navy
operating around the world, around the clock.
Senator Chambliss. Thank you, Admiral.
Welcome, General Nyland. We look forward to hearing from
you.
STATEMENT OF GEN. WILLIAM L. NYLAND, USMC, ASSISTANT
COMMANDANT, UNITED STATES MARINE CORPS
General Nyland. Chairman Chambliss, Senator Nelson,
distinguished members of the subcommittee, Senator Warner,
Senator Allard, and Senator Clinton, thank you, also, for the
opportunity to address the very important issue of preventing
and responding to sexual assault.
Sexual assault, quite simply, has no place in the Marine
Corps, and it will not be tolerated. The very act of sexual
assault is counter to our ethos in that it robs the individual
marine of one's respect, dignity, and values, and that is
unacceptable.
To more definitively address this issue, the Marine Corps
has recently undertaken its own internal review and is now
implementing and developing new programs and capabilities while
reinforcing those that we have already in place. Specifically,
in addition to sexual harassment training already in place, all
our future leaders will now receive training on sexual assault
awareness and prevention at both Officer Candidate School and
The Basic School. Beginning March 1 of this year, the marines
will receive similar instruction at both at our recruit
training depots. That training will also have a mandatory
annual requirement for reinforcement. We have also taken steps
to more closely integrate this training with the training
provided to our prevention specialists and victim advocates.
Our Mentors in Violence Prevention (MVP) program is currently
taught at our staff non-commissioned officer (NCO) academy, our
first-sergeant course, and in our career courses for our staff
NCOs and NCOs. That will continue. When our IG visits commands,
a significant portion of his in-brief now focuses on prevention
of sexual assault and sexual harassment.
All these training programs are designed to better educate
all of our leadership, both officer and enlisted, so that they
can enhance and improve the climate that they will set at each
installation and within each unit.
To give us visibility of incidents, from initiation to
resolution, the Marine Corps has been developing the
Consolidated Law Enforcement Operations Center for the past 18
months, and we anticipate having it fully online in June of
next year. This system is, today, partially operational, and is
both Navy Incident Based Reporting System (NIBRS) and Defense
Incident Based Reporting System (DIBRS) compliant, and will
remain so when fully fielded. We will continue to reinforce
existing programs and develop new programs to address this
critical issue.
As we work to rid our Corps of these vile acts, every
victim is a wounded comrade, one who will be treated with
respect and dignity, and one who will not be left behind.
I would simply state again that sexual assault and sexual
harassment are completely inconsistent with our Corps values
and ethos, and, therefore, unacceptable.
I look forward to your questions. Thank you.
[The prepared statement of General Nyland follows:]
Prepared Statement by Gen. William L. Nyland, USMC
Chairman Chambliss, Senator Nelson, and members of the
subcommittee: Thank you for the opportunity to appear before you today
to discuss the important issue of sexual assault prevention on our
installations and in combat theaters worldwide. I want to make it very
clear from the outset that the Marine Corps is in complete agreement
with the Office of the Secretary of Defense (OSD) and its decision to
charter a Department of Defense (DOD) review of this issue. Rape and
other sexual assaults are violent crimes that violate human dignity and
the deeply held values of the Corps and the military as a whole. Sexual
assault is unacceptable and will not be tolerated. You may be assured
that the Marine Corps is fully engaged in the DOD's 90-day review of
this situation.
The remainder of my statement will focus on our training and
prevention programs, the process for reporting a sexual assault, the
support provided to victims, and the guidance and tools provided to our
commanders.
LEADERSHIP IS THE KEY TO PREVENTION
As recently as December 16, 2003, the Commandant of the Marine
Corps, General Michael W. Hagee, issued guidance to all commanders
reminding them that allegations of physical abuse of any kind require
the commanders' immediate personal attention and action. The command
role in prevention is to establish clear standards for personal
behavior and to hold offenders accountable. In so doing, leaders at all
levels continue to confront the ignorance and misguided beliefs that
cause sexual assault.
We continue to improve the climate on our installations and
throughout the Marine Corps, through prevention and training programs.
All Marine officer candidates now receive training on sexual assault
awareness and prevention at Officer Candidate School and The Basic
School. Starting March 1, 2004, all enlisted marines will receive
similar instruction at recruit training. The goal is to ensure that
every marine knows the appropriate personal protection measures for
themselves and for those in their charge. This initial training is to
be meaningfully reinforced on an annual basis by commands.
Prevention specialists and victim advocates also provide training
to commands to enhance awareness of issues surrounding rape and sexual
assault. They teach marines, civilian marines, and their families about
available support services and the steps to properly report an offense.
Our Mentors in Violence Prevention (MVP) program is taught at the
senior noncommissioned officers (NCOs) academies, the 1st sergeants'
courses, the career courses (NCOs), and the advanced courses (staff
NCOs), equipping leaders at all levels to conduct training in the
units. The MVP program was adopted from a successful college model and
is designed to encourage the participation of all male Marines in
proactive efforts to prevent rape, battery, and sexual harassment. The
MVP program is a ``Marines helping their fellow Marines'' program,
which encourages marines to intervene when they see abusive situations.
Since 1996, when the MVP program was implemented, over 400 marines have
been schooled as trainers and taken the program back to their units.
Our Inspector General (IG) also focuses on the prevention of sexual
assault at every installation inspection. Sexual harassment is
completely unacceptable conduct that creates an environment in which
sexual assaults can occur. The Marine Corps EO Inspection Checklist,
which includes questions on sexual harassment, is a required area of
inspection for all subordinate command inspection programs. During the
``Commandant's Special Interest Brief,'' presented at every inspection,
14 percent of the brief covers the topic of sexual harassment, the
consequences for committing sexual assault, and reporting procedures,
including the confidential IG hotline. Finally, during an inspection,
the IG team affords every marine and civilian marine on that specific
installation the opportunity to report any improper conduct or an
environment conducive to such misconduct.
The Marine Corps believes these prevention and training programs
help improve the climate on an installation by making institutional
expectations and the consequences of violation very clear. We are
making progress; the most recent Armed Forces 2002 Sexual Harassment
Survey, which looked at the 1995-2002 time period, showed that sexual
harassment and sexual assault on female marines in fact has decreased.
That said, aspects of the 2002 survey and recent media reports of
incidents from Iraq and Kuwait deeply concern our chain of command.
Secretary Rumsfeld's demand for a 90-day study on the care for victims
of sexual assaults indicates that the DOD is taking this problem very
seriously. I want to assure you the Marine Corps shares this concern.
Victim Advocacy
Despite our efforts, the best prevention and training courses may
not always be able to prevent a sexual assault. Marines who are victims
of sexual assault can report the incident to their command or to a
local military police representative. In the event of a report, the
Marine Corps leadership demands that every person be treated with
dignity and respect. Our priorities are to support and assist the
victim, investigate the incident fully and fairly, report and track the
results of the incident, and continually evaluate and improve our
processes. We have procedures in place to provide specialized
assistance to victims, conduct full and fair investigations, and hold
offenders accountable. Through our Victim and Witness Assistance
Program, we ensure that marines and their family members who are
victims of crimes, and in particular violent and sexual assault crimes,
are fully informed of their rights from initial report through the
completion of judicial and post-trial processes. Under the Victim and
Witness Assistance Program, victims have the ability to interact with
service providers, criminal investigators, commanders, prosecutors, and
correctional facility personnel. Additionally, the Marine Corps is
implementing the Consolidated Law Enforcement Operations Center, which,
when fully operational, will serve as a Department of the Navy system
capable of tracking reported Uniform Code of Military Justice (UCMJ)
violations from the time they occur, through resolution. The system
will also be the consolidated reporting tool into the Defense Incident
Based Reporting System (DIBRS).
Once an incident is reported, a number of actions take place, but
the first concern is the safety of the victim. Steps in the reporting
process include:
The Family Advocacy Program manager is notified and a
Victim Advocate is made available to assist the victim as long
as desired or necessary;
The victim's command coordinates with the
investigating officer and the Family Advocacy Program manager
to assure the protection and welfare of the victim;
The Marine Corps allows Provost Marshals, Victim
Advocates, Commanders, and Family Advocacy Program managers to
begin the process of addressing the alleged sexual misconduct
and provide reports to Headquarters Marine Corps as
appropriate, based on the severity of the case; and
The command and the Victim Advocate work together
until final resolution of the incident, and beyond if
additional counseling is required.
As you can see from these steps, our Victim Advocates are an
important resource for victims of sexual assault. The advocates are
available 24 hours a day, 365 days a year to provide information,
guidance, and support to marines and their family members who are
victims of domestic violence and sexual assault. The Marine Corps has
27 federally employed or contracted victim advocates, and 125 trained
volunteers available at our installations worldwide.
A Victim Advocate's responsibilities include:
Intervening in response to reported incidents of
domestic violence and sexual assault by providing crisis
intervention and referrals to military and civilian resources;
Assisting with safety planning and referral to
military and civilian shelters, as well as providing
information on available benefits including transitional
compensation when the sponsor is separated for a dependent-
abuse offense;
Providing assistance in applying for civilian
protection orders and command notification upon issuance;
Accompaning the victim during medical exam and/or to
court; and
Developing working relationships with legal and
medical personnel, commanders and local area domestic violence
and sexual assault centers.
DEPLOYED SUPPORT
Similar to when they are on an installation in the United States;
deployed commanders have investigative (e.g., Naval Criminal
Investigative Service), medical, mental health, religious, and legal
resources available to them in combat theaters. The standard operating
procedures are the same as those used at local medical treatment
facilities to address alleged sexual assault cases. For Operation Iraqi
Freedom 2 (OIF 2), the Camp Pendleton Victim Advocate Training Program
will be provided to deploying medical and chaplain personnel and
selected individuals serving with surgical companies, to enable them to
act as Victim Advocates. These Victim Advocates will be assigned as a
victim arrives at the in theater medical facility, just as they are
assigned in a local medical treatment facility when a victim comes to
the emergency room. Mental health professionals and chaplains will also
be available at the surgical companies for victim assistance. Chaplains
are available at the individual units as well.
In addition to the above assets available in theater, the
Operational Stress Control and Readiness (OSCAR) program is deploying
with the 1st Marine Division for OIF 2. OSCAR provides psychiatrists,
psychologists, chaplains, and specially-trained staff NCOs within a
deployed division who can provide immediate, on-site counseling. One
goal of OSCAR is to reduce resistance to seeking help, through trust
and familiarity with fellow division members. An example of the
positive effect OSCAR can have was Task Force Tarawa, which had no
psychiatric medical evacuations during OIF 1. This remarkable record
was attributable, at least in part, to the availability of front-line
mental health assets. OSCAR is a 2-year pilot program, and we plan to
evaluate the feasibility of expanding to other units within the force.
Operation Enduring Freedom (OEF)/OIF 1 Incidents
The Marine Corps deployed a total of 3,439 female marines in
support of OEF/OIF 1 and we are aware of 6 allegations of sexual
assault occurring in theater. Of these, two marines have been found
guilty and received punishment, and the remaining four are awaiting the
conclusion of investigations. We will continue to aggressively
investigate all sexual assault allegations, ensure that victims are
receiving the care and attention they deserve, and hold all offenders
accountable for their actions.
CONCLUSION
The Marine Corps has made significant progress in our approach to
the prevention of sexual harassment and sexual assault. However we will
continue to improve. We stand ready to take all necessary steps to
ensure that our progress continues. Sexual harassment and sexual
assault are inconsistent with our core values: honor, courage, and
commitment. A victim of sexual assault is a wounded comrade and one who
will be treated with respect and dignity. Marines never leave a wounded
comrade behind.
Subject to your questions, Mr. Chairman, this concludes my
statement.
Senator Chambliss. Thank you, General.
General Moseley, I think this is your first time before
this subcommittee in your new position, and we publicly
congratulate you. We're glad to have you here.
General Moseley. Thank you, Senator Chambliss.
Senator Chambliss. We look forward to your testimony.
STATEMENT OF GEN. T. MICHAEL MOSELEY, USAF, VICE CHIEF OF
STAFF, UNITED STATES AIR FORCE
General Moseley. Chairman Chambliss, Senator Nelson,
distinguished members of the subcommittee, Chairman Warner, and
Senator Clinton, thank you for the opportunity to come before
you this morning to discuss such an important matter that
affects the safety, well-being, and combat effectiveness of
almost 700,000 Air Force airmen. That issue is sexual assault.
Let me say, right up front, that for all of us sitting here
today sexual assault is a threat to our troops. It is
incompatible with the core values of the Air Force. It is a
crime, and it will not be tolerated.
As all of you would agree, the outstanding men and women of
the active duty, the Air National Guard, and the Reserve
components, as well as civilians that make up the United States
Air Force, have performed brilliantly over the past 3 years.
They have adapted to a new steady state of accelerated
operations and personnel tempo, they have faced new enemies
across the globe and here at home, and have met every challenge
that this great Nation has put before them.
Working with Congress, we have all worked diligently to
supply our airmen with the necessary tools to accomplish these
essential missions. We attempt to give them the most modern
weapons and the most technologically advanced joint training in
an effort to ensure that these airmen are ready to accomplish
their role in the security of our republic.
Providing for the security of these airmen can be no
different. In Iraq and Afghanistan, we adopt aggressive force-
protection measures to ensure the safety of our airmen from
enemy attacks. Similarly, at home and abroad we continue to
stress measures that create an environment safe from sexual
assault, an environment just like that on the battlefield that
enables commanders and individuals throughout the chain of
command to rapidly identify and decisively act on threats to
any of our airmen. For us, sexual assault is a threat to the
airmen. It is incompatible with the core values of the Air
Force, it is a crime, and, again, it will not be tolerated.
Having served as a commander at all levels, I can attest
the Air Force policies and training on this issue are very
clear. All commanders understand that rape and sexual assault
are crimes and that, as Dr. Chu stated in his February 6
article in USA Today, violate the very ethos of the military,
and threaten readiness.
Our commanders understand that each attack, each unreported
incident, and each rumor begins to break down unit cohesion,
individual dignity, and affects the overall accomplishments of
their group on the battlefield and in the workplace. They
understand that when airmen decide not to re-enlist because of
their workplace environment, we are losing a well-educated,
very valuable, highly trained asset. They understand that these
crimes take valuable resources away from the accomplishment of
the mission.
Prevention, victim reporting, and, most of all, victim care
are all elements that challenge American society as a whole,
and the Air Force is no different. For us, our commitment to a
higher standard reinforces the importance of this issue and
drives our desire to take care of America's best kids. Our core
values of integrity first, service before self, and excellence
in all we do aim to set these higher personal standards in the
conduct of our activities. These are standards that our members
aim to uphold, and standards to which our commanders are held
accountable.
Distinguished members of the subcommittee, I cannot make it
any more clear when I say that we have been devoting the
resources, expertise, and energy to meet this challenge. In
addition to all of our preventive programs and policies
wherever we have discovered allegations in our periodic
reviews, or we have been informed of allegations, we have
aggressively determined the problem, rapidly used our experts
to create a comprehensive solution, and decisively implemented
a plan.
The Secretary and the Chief of Staff testified on assault
and harassment at the AFA last fall. Secretary Roche and
General Jumper learned of the allegations at the AFA,
aggressively addressed the issue, and adopted many measures
that addressed specific cadet concerns and Air Force concerns.
Additionally, they directed multiple investigations, worked
with the committee and Congress, and have taken many steps to
make the AFA more transparent to oversight.
Some of that oversight comes in the form of a renewed and
reinvigorated Board of Visitors, in which some of you are also
involved. In their most recent meeting earlier this month,
chairman of the Board of Visitors and former Governor James
Gilmore applauded the comprehensive efforts of Secretary Roche
and General Jumper. It is also clear that at the top of these
agendas lies command authority and command responsibilities.
In the Chief and the Secretary's testimony, they detailed
their landmark agenda for change, which helps address this
command responsibility and leadership challenge. This overhaul
at the AFA was not mere rule-changing designed to preempt
attacks. Instead, it is a template for cultural change.
Since the implementation of the Agenda for Change in March
2003, I'm pleased to report that there has been tremendous
progress across multiple fronts at the AFA. The new senior
leadership has aggressively focused on the areas of basic cadet
training, officer development, and a restructure of the cadet
discipline system.
In the area of prevention, the Secretary and Chief and the
new leadership, under Lieutenant General J.R. Rosa, sought many
outside experts to review training and assist in the training
of faculty, staff, and cadet leadership. They have incorporated
the Fowler recommendations to enhance training and implemented
tough school policies. Most importantly, they have created an
integrated support team for victims of sexual assault, called
the Academy Response Team (ART). This team includes victim
advocates, security forces, Office of Special Investigations,
the Vice Commandant, legal representatives, the chaplain,
Surgeon General, and, equally important, Family Support Center
representatives.
At the AFA, as we learned of these allegations, we have
continued to refine our approach. For instance, based on the
Fowler panel's recommendations on victim confidentiality, we
have attempted to strike a balance between the needs of the
victim and the necessity of being able to fully investigate
felony allegations.
We are currently working with the DOD IG to field our
proposed enhancements in the area of confidentiality. On this
matter, we sincerely believe it is in America's best interest
that we reduce the chance for offenders to commit future
crimes, and, therefore, America's Air Force will not commission
felons.
Whether we look at the record numbers or increasing quality
of female applicants for the academic year 2004 and 2005, our
initial indications are very positive. As of today, the AFA
admissions office has received 3,026 applications for women,
which is an increase over last year of 35 percent and the
largest number of female applicants in the history of the AFA.
The increases in the average grade-point averages across all
four classes, both male and female, seem to show that we're
also instilling an improved climate for learning for all
cadets.
A set of allegations in The Denver Post articles claim a
wave of assaults at one of our premier training bases, Sheppard
Air Force Base, in Wichita Falls, Texas. Just as we rapidly
engaged at the AFA, the highest levels of attention have been
focused on this challenge at the Air Education and Training
Command. When these allegations surfaced, our Education and
Training Command commander, General Don Cook, immediately
directed a factfinding review to assess the climate and examine
the effectiveness of all existing plans, programs, policies,
and procedures in place to prevent assaults, as well as to
ensure that adequate victim reporting and victim care resources
are available. He immediately sent a team to survey and
interview the majority of the population at Sheppard and to get
ground truth from the folks that were quoted in the various
interviews. As part of this process, this team also met with
the professionals, leadership and the legal teams in the
community, to get a clearer picture of the situation.
Additionally, as part of this overall effort, we fully reviewed
previous reported assaults to determine if appropriate actions
had been taken. I'll be happy to discuss, in later questions,
the interim findings that we have from that review.
Please let me stop here to emphasize one point, though. In
his new role as commander of Air Education and Training
Command, General Cook began a major review based on policies
and programs much before The Denver Post article. Within days
of his assumption of command, he directed a review based on the
Fowler Commission, and took these observations point by point
to implement this across Air Education and Training Command, as
did every Air Force major commander. They set and enforced
policies and allocated resources because this issue is too
important to us, in the profession of arms, to have this being
conducted without specific details or the ability to correct
problems as we find them.
When an assault occurs in our combat zones within one of
our units, it impacts morale, good order, discipline, and,
ultimately, readiness. It is especially egregious when such
problems surface during actual combat deployments at a time
when all of our folks should be focused on the mission and our
fight in the global war on terrorism.
Over the past 3 years, the Air Force has deployed close to
200,000 airmen throughout the Middle East, and CENTCOM area of
responsibility (AOR). Women have made up over 12 percent of
that total deployed force. As the combined Air Force component
commander during Operation Iraqi Freedom (OIF) and Operation
Enduring Freedom (OEF), I had, at any one time, about 55,000
airmen deployed. Unfortunately, since September 11, 2001, we
have had six cases of alleged assaults on Air Force women.
Senator Chambliss. General, I hate to interrupt you in the
middle of your opening statement, but we have about 10 minutes
left on a vote. Let us go make that vote. I hope this is as
good a time as any to stop you. We'll pick up there when we get
back.
General Moseley. Mr. Chairman, it is a good time to stop.
[Recess.]
Senator Chambliss. All right. General Moseley, we
interrupted you, and we want to get back to you and allow you
to finish your statement.
General Moseley. Chairman Chambliss, thank you.
As the combined Air Force Air Component Commander during
OIF and OEF, this time last year I had 55,000 airmen overseas
with me that made up a part of that close to 200,000 total
airmen that we've deployed. Unfortunately, since the September
11, 2001, we have had eight cases of alleged assaults involving
Air Force women. In two of those cases, the host nation
retained jurisdiction. In the six cases involving Air Force
victims, the commanders have tried one by court-martial, three
were handled through administrative action, one was dismissed,
and the allegation in the remaining case was determined to be
unfounded, after a full investigation and an article 32
investigation.
Even though one is too many, and zero tolerance is our
objective, 6 out of the 100 in close to 200,000 deployed are
relatively few. Even though those numbers are small, Secretary
Roche and the Chief established an integrated planning team
(IPT) made up of experts throughout the Air Force, who are
fully and aggressively assisting the DOD task force on care for
victims of sexual assaults. We look forward to their findings
and recommendations, and certainly plan to decisively implement
that, both in the continental United States (CONUS) and in the
AOR.
Just like at Sheppard Air Force Base and the AFA during the
entire period, the Air Force has been rapidly assessing this
issue and successfully using existing victim support, law
enforcement, UCMJ, and medical channels to address these
critical issues. Our goal is to ensure that our airmen operate
in a climate focused on external threats to U.S. security, and
I believe they are.
It should be clear that the Air Force takes this matter
very seriously. Whether at home station, deployed, at the AFA,
at Officer Training School, in our Reserve Officer Training
Corps (ROTC), or ROTC detachments, it is also clear that one
assault is too many.
While we have been encouraged by a recent gender and
workplace survey completed by the Defense Manpower Data Center
(DMDC) that shows decreases in all types of sexually harassing
behavior, we must remain focused on this issue. In order to do
that, the Air Force has set very clear goals. We are using them
now to guide an assessment of existing policies and programs in
all of our major commands. These goals include striving to
eliminate sexual assault and any climate that would tolerate
it, ensuring an environment where victims have confidence to
report, conducting appropriate investigations and taking all
appropriate action, including prosecution, and effectively
addressing victims' health and well-being, and ensuring
commanders in higher headquarters oversee the program
effectiveness.
To accomplish the goals we have set, our commanders have
multiple tools available. The tools can be characterized into
education, training, prevention programs, and response
programs.
The first, education, is provided at all levels of
training. Some are more specific while some are provided as
part of the larger subject of sexual harassment. Trainees in
basic military training school receive instruction on assault
prevention and awareness, and are instructed to report
harassment or assault immediately. Within the first 24 hours of
arriving on their first military base, trainees hear about
sexual crime prevention, their commander's rules of engagement,
and human relations. These messages are reiterated time and
again throughout their first weeks.
At the AFA, once a basic cadet completes in-processing, she
or he experiences 4 days of orientation, briefings, and
discussions. Basic cadets are separated by gender during this
period. On day two of the orientation, cadets receive their
first briefings on sexual assault. Basic cadets receive
additional sexual assault training during the final days of
basic cadet training, just prior to integration with the
remainder of the cadet wing. These small gender-separated group
sessions include topics on assault, gender roles, reporting,
confidentiality, and the things critical for us to ensure that
our kids are safe.
This matter is also handled with cadets at ROTC detachments
and with officer trainees at Officer Training School. During
their first week of training, these valuable commissioning
sources cover equal opportunity, sexual harassment awareness,
diversity, and the formal Air Force complaint system. These
lessons are constantly reinforced at commanders school and
through effective leadership training.
Similar to these service-entry programs, every level of
professional military education (PME), from officer training to
wing commander courses, from the Airman Leadership School to
NCO and senior NCO courses, and each stress the importance of
this issue, detail the challenges, and elaborate on the
resources and tools at their disposal. Whether assault or the
broader context of harassment, commanders understand their
responsibility to the troops and to the victims and the
individuals understand the accountability of their commanders.
Moving to our resource tools, we must primarily address
victim care. As one of our stated goals, restoring the victim's
health and well-being is certainly a top priority. Mr.
Chairman, in this case, we have a ways to go and we have room
for improvement in this area. This is a focus of Secretary
Roche, the Chief, myself, and commanders at all levels. There
are a number of Air Force organizations fully dedicated to
this, but we can do better.
First and foremost in victim care are the services provided
at our medical treatment facilities. We have a number of those.
We also need to do better in being able to transfer victim care
as a person changes bases, or assignments, and to ensure that
we can follow up on this care.
We have our Life Skills Centers at bases, which provide
psychological support and intervention. There are many military
counseling options, primary care managers, social workers,
chaplains, family support centers, and base legal offices.
Civilian counseling options are also available in the form of
hotlines, support groups, local assault crisis centers, and
churches. This care is not unique to home stations, but is also
available when deployed.
Senator Chambliss. General, if this is the written
statement that we have prepared by you, we're going to insert
that in the record.
General Moseley. Please do, sir.
Senator Chambliss. If you could quickly summarize, or if
you would like to make any final points, we'd be appreciative.
General Moseley. Sir, I'm fine.
Senator Chambliss. We are happy to hear them, but we need
to move into questions.
General Moseley. I welcome your questions.
Senator Chambliss. Thank you.
[The prepared statement of General Moseley follows:]
Prepared Statement by Gen. T. Michael Moseley, USAF
Mr. Chairman, Senator Nelson, and distinguished members of this
subcommittee, thank you for the opportunity to come before you to
discuss such an important matter that affects the safety, well being,
and combat effectiveness of almost 700,000 Air Force airmen--that of
sexual assault. The outstanding men and women of the active duty,
Guard, and Reserve components, as well as the civilians that make up of
the United States Air Force, have performed brilliantly over the past 3
years. They have adapted to a new steady state of accelerated
operations and personnel tempo, faced new enemies across the globe and
here at home, and met every challenge that this great Nation has put
before them. Working with Congress, we all have worked diligently to
supply our airmen with the necessary tools to accomplish these
essential missions. We attempt to give them the most modern weapons and
the most technologically advanced joint training in an effort to ensure
that these airmen are ready to accomplish their role in the security of
this Nation. Providing for the security of these airmen can be no
different. In Iraq and Afghanistan, we adopt aggressive force
protection measures to ensure the safety of our airmen from enemy
attacks. Similarly, at home and abroad, we continue to stress measures
that create an environment safe from sexual assault--an environment
that, just like on the battlefield, enables commanders and individuals
throughout the chain of command to rapidly identify and decisively act
on threats to any of our airmen. For us, sexual assault is a threat to
airmen--it is incompatible with the core values of the Air Force--it is
a crime--and it will not be tolerated!
Having served as a commander at many levels, I can attest that Air
Force policies and training on this issue are clear. All commanders
understand that rape and sexual assault are crimes that, as Dr. Chu
stated in a February 6 article in USA Today, ``violate the ethos of the
military and threaten readiness.'' They understand that each attack,
each unreported incident, each rumor, begins to break down unit
cohesion, individual dignity, and affects the overall accomplishments
of their group on the battlefield and in the workplace. They understand
that when airmen decide not to re-enlist because of their workplace
environment that we are losing a well-educated, highly-trained asset.
They understand that these crimes take valuable resources away from the
accomplishment of their mission.
This is but one side of the equation--the commander and mission
accomplishment side of the story. We are continually looking at the
victim side of this issue. Commanders at all levels understand that
victim reporting and victim care are just as important as dealing with
the perpetrator and establishing policies that attempt to prevent these
types of attacks.
Commanders also understand the complexity of issues usually
intertwined with sexual assault. According to the 2002 National Crime
Victimization Survey done by the Department of Justice (DOJ), 53
percent of rape and assault victims sustained injuries while only 31
percent of those sought medical attention. It goes on to state, while
there are over 135,000 sexual assaults in this country annually, only
26 percent are reported to the police. These facts illustrate the
challenges in fully dealing with this issue that commanders deal with
everyday. But it is the entire equation of pre-emptive policies--from
victim reporting and care to perpetrator prosecution--that is, and has
been, the focus of Air Force leadership at every level.
AIR FORCE ACADEMY (AFA)
The Secretary and the Chief of Staff of the Air Force testified on
assault and harassment issues last fall. Secretary Roche and General
Jumper learned of allegations at the AFA, aggressively attacked the
issue, and adopted many measures that addressed cadet concerns and Air
Force concerns. Additionally, they opened the Academy to multiple
investigations and have taken many steps to make the AFA more
transparent to oversight. Some of that oversight comes in the form of a
renewed and reinvigorated Board of Visitors (BOV), with which some of
you are involved. In their most recent meeting earlier this month,
Chairman of the BOV, and former Governor, James Gilmore applauded the
comprehensive efforts of Secretary Roche and General Jumper. These
comments follow the praise of the Fowler Panel who were ``impressed
with the leadership of Secretary Roche and General Jumper'' and
commended the new leadership in Colorado Springs as being ``quick to
take action.''
It is clear to everyone that this issue is, and has been at the top
of their agendas as our Air Force senior leadership. In their
testimonies last year, they detailed their landmark Agenda for Change.
This overhaul was not mere rule changes designed to pre-empt attacks or
focused on the punishment of the perpetrators. The Agenda for Change is
a template for cultural change.
Since the implementation of the Agenda for Change in March 2003,
and the Fowler Panel Report, I am pleased to report that there has been
tremendous progress across multiple fronts. The AFA senior leadership
is aggressively focused on the areas of basic cadet training, officer
development, and a restructure of the cadet discipline system. In the
area of prevention, the Secretary, the Chief of Staff, and the new
leadership under Lieutenant General J.R. Rosa sought outside experts to
review training and assist in training faculty, staff, and leadership.
They have incorporated Fowler recommendations to enhance training,
implemented tough new alcohol policy, and most importantly, have
created an integrated support team for victims of sexual assault--the
Academy Response Team (ART). This team includes victim advocates,
security forces, office of special investigations, the vice commandant,
legal, chaplain, surgeon general, and the family support center.
At the AFA, we heard allegations--rapidly assessed the situation--
created an overarching and enduring solution--and decisively
implemented it. Even after initial implementation of our plan, we have
continued to refine our approach. For instance, based on the Fowler
Panel's recommendations on victim confidentiality, we have attempted to
strike a balance between the needs of the victim and the necessity of
investigating felony allegations. This is proving to be a very
difficult concept to implement. On this matter we sincerely believe it
is in America's best interest that we eliminate any chance for
offenders to commit future crimes.
Whether we look at the record numbers or increasing quality of
female applicants for the academic year 2004-2005, our initial
indications are very positive. As of today, the AFA Admissions Office
has received over 3,026 applications from women--an increase of over 35
percent--and the largest number of female applicants in the history of
the Academy. The increases in the average grade point averages (GPAs)
across all four classes of cadets, both male and female, seem to show
that we are instilling an improved climate for learning for all cadets.
Last year, Secretary Roche and General Jumper pushed extremely hard
to install their changes before the class of 2007 entered AFA. Their
efforts seemed to have had a major impact. At the end of the fall
semester, fourth class cadets (freshmen) had their highest GPA in the
past 20 years with a record 48 percent with GPAs above 3.0. Comments
like those from a current cadet, 19-year old Ashley Culp, reiterate
that we are on the right track. In an article published in her hometown
Des Moines, Iowa newspaper, she stated ``If anything, I think they're
focusing on it a little too much. . . We've had a countless number of
briefings on sexual harassment, they talk about it in basic (training)
and in all our classes. . . We've all pretty much become experts on
what is sexual harassment, how to handle it and who to contact.'' Even
Ashley's mother, who was worried at first when the sexual assault
issues surfaced, gave her ultimate seal of approval when she said there
couldn't be ``a safer environment at any university in the country.''
We could not agree more with her words or the words the Honorable
Tillie Fowler so eloquently stated in her testimony, that ``it is and
should always be an honor to call oneself a cadet at the United States
Air Force Academy.''
SHEPPARD AIR FORCE BASE
In another set of allegations, Denver Post articles claim ``a
wave'' of assaults at one of our premier training bases--Sheppard Air
Force Base. Just as we rapidly engaged at the AFA, the highest level of
attention has been focused on this issue at an Air Education and
Training Command (AETC) base. When these allegations surfaced in the
media, AETC Commander, General Donald Cook, immediately directed a
factfinding review to assess the climate and examine the effectiveness
of all existing plans, programs, policies and procedures in place to
prevent assaults as well as ensure that adequate victim reporting and
victim care resources are available. As part of this overall effort,
they are also fully reviewing previously reported assaults to determine
if proper actions have been taken. General Cook's initial findings
should be delivered shortly. The Chief of Staff, the Secretary of the
Air Force, and I are fully engaged in this issue and will ensure the
right solutions are in place to provide a safe environment for our
airmen.
COMBAT ZONES
When an assault occurs within one of our units, it impacts morale,
good order and discipline and, ultimately, readiness. It is especially
egregious when such problems surface during actual combat deployments--
at a time when all of our folks should be focused on the mission, our
fight against the war on terrorism. Today, almost 2,500 of our 20,000
deployed forces are women. Over the past 3 years the Air Force has
deployed 176,689 airmen to numerous locations throughout the Middle
East in support of the global war on terror. Women deployed to many of
those locations, and they comprised 12 percent of the total deployed
airmen. As the Combined Force Air Component Commander during Operation
Iraqi Freedom (OIF), I had over 55,000 airmen overseas with me at this
time last year. Unfortunately, since September 11, 2001, the Air Force
has had eight cases of alleged assaults reported involving Air Force
women within the area of operations. Two of the cases involved assault
by non-U.S. civilians. In those cases the host nation retained
jurisdiction. Of the other six cases, the disposition is as follows:
commanders tried one by courts-martial, two cases were handled through
administrative action; one was dismissed after the commander conducted
an article 32 investigation, one investigation was just completed and
is awaiting command action, and in the remaining case, after a full
investigation the allegation was determined to be unfounded.
These few cases coupled with the fact that we have had no reports
of sexual assaults on our airmen in Iraq or Afghanistan suggest that we
may have this matter fully in hand, even under the most difficult
circumstances. Nevertheless, Secretary Roche established an Integrated
Planning Team (IPT) made up of experts from throughout the Air Force
who are fully and aggressively assisting the DOD Task Force on Care for
Victims of Sexual Assaults. We look forward to their findings and
recommendations and plan to decisively implement the task force's
improvements.
Just as with AFA and at Sheppard Air Force Base, after being made
aware of the allegations in the combat zone the Air Force rapidly
addressed the problem--used existing victim support, law enforcement,
Uniform Code of Military Justice (UCMJ), and medical channels to
address the issue--and has attempted to re-establish and reinforce a
climate where our airmen can focus on external threats to U.S.
security.
GOALS
It should be clear, that the Air Force takes this matter seriously.
Whether at home station, deployed, at the AFA, at Officer Training
School (OTS), and at our Reserve Officer Training Corps (ROTC)
detachments, it is also clear that one assault is one too many. While
we have been encouraged by a recent gender and workplace survey
completed by the DMDC that shows decreases in all types of sexually
harassing behavior, we will remain focused on this issue.
In order to do that the Air Force has set clear goals. We are using
them to guide an assessment of existing policies and programs in all of
major commands. Our goals include:
Striving to eliminate sexual assault and any climate
that might foster it;
Ensuring an environment where victims have confidence
to report;
Conducting appropriate investigation and prosecution;
Effectively addressing victims health and well-being;
and
Ensuring commanders and higher headquarters oversee
program effectiveness.
Mr. Chairman, as I have attempted to make clear, the Secretary,
Chief of Staff, and Commanders at every level are serious about the
safety and well being of our force, regardless of gender. We have
effective programs in place and will continue to enhance them to ensure
we have a consistent overarching policy best serving the needs of our
Air Force airmen and our Nation's wartime requirements.
WAY AHEAD
To accomplish the goals we have set, our commanders use multiple
tools available to them. These tools can be characterized into
education, training, and prevention programs and response programs. The
first, education, is provided at all levels of training; some more
specific, some as part of the larger subject of sexual harassment.
Trainees in Basic Military Training School receive instruction on
assault prevention and awareness, and are instructed to report
harassment or assault immediately. Within the first 24 hours of
arriving on their first military base, trainees hear about sexual crime
prevention, their commander's rules of engagement, and human relations.
These messages are reiterated time and again throughout their first
weeks.
At the AFA, once a basic cadet completes in-processing, he or she
experiences 4 days of orientation briefings and discussions (basic
cadets are separated by gender during this period). On day two of the
orientation, cadets receive their first briefings on sexual assault.
Basic cadets receive additional sexual assault training (to include
facilitated small group discussions) during the final days of Basic
Cadet Training (prior to integration with the remainder of the Cadet
Wing). These small group (gender separated) sessions include topics on
sexual assault and gender roles.
This matter is also handled with cadets at Air Force ROTC
detachments, and officer trainees at OTS. During their first week of
training, these valuable commissioning sources cover equal opportunity,
sexual harassment and awareness, diversity, and the formal Air Force
Complaint System. These lessons are constantly reinforced at
commander's calls and through effective leadership training.
Similar to these service entry programs, every level of
professional military education (PME) from officer training to wing
commander's courses; from the airman leadership course to our senior
noncommissioned officer courses; each stress the importance of this
issue, detail the challenges, and elaborate on the resources and tools
at their disposal. Whether, assault or the broader context of sexual
harassment, commanders understand their responsibilities to the troops,
and individuals understand the accountability of their commanders.
An initial review of the Armed Forces 2002 Sexual Harassment Survey
indicates that the investment of time and resources in this training is
paying dividends. For the individual, when asked if they had received
training on topics related to sexual harassment and if that training
was effective, a full 90 percent agreed their training provided them a
``good understanding'' and roughly 84 percent said they had received
``useful tools'' for dealing with the issue. For the commanders, data
reveals even more successes. The number of Air Force airmen that
perceive their leadership, from supervisor to Air Force service
leadership are making ``honest and reasonable efforts to stop sexual
harassment'' have significantly increased between 1995 and 2002. These
facts support our continued emphasis on education, training, and
prevention programs.
Our response tools deal primarily with victim care. As one of our
stated goals, restoring the victims' health and well-being, is
certainly a top priority. There are a number of Air Force organizations
fully dedicated and prepared for that task. First and foremost in
victim care are the services provided at our Medical Treatment
Facilities (MTFs). Air Force MTFs develop local protocols for the care
of assault victims that are tailored to local capabilities and follow
civilian community standards. Medical staffs ascertain immediate needs
of the victim in terms of medical and psychological support. MTFs also
have locally developed victim advocate programs that collaborate with
civilian agencies. Frequently civilian expertise is used to provide
both medical and victim support (sexual assault centers).
Another important tool, the Air Force Life Skills Center, provides
psychological support and intervention to assault victims. There are
military counseling options such as primary care managers (physicians),
social workers, chaplains, family support centers and base legal
offices. Civilian counseling options are also available in the form of
hotlines, support groups, local assault crisis centers and churches.
This care is not unique to home installations, but is also available at
deployed locations.
As mentioned earlier, sexual assault and harassment in a combat
zone is particularly egregious. It is our Air Force policy that
consistent levels of care are available regardless of the setting. Care
for victims in the area of responsibility (AOR) mirrors that of home
station. Our deployed medical units provide diagnostic evaluations (to
include the collection of forensic evidence) and medical/psychological
treatment to assault victims. Mental health teams are included at
Expeditionary Medical Support System (EMEDS) with bedded facilities.
Assault victims at deployed locations have several healthcare support
options. Typically, victims can be quickly evacuated to Level III
facilities in theater where the facility is staffed and equipped to
provide resuscitation, initial wound surgery, and post-operative
treatment. Deployed mental health providers can be sent forward to
assist a victim at almost any location. Long-term, intensive support is
available at Level IV facilities. There, the Air Force provides the
same surgical capabilities found in Level III care, as well as
rehabilitative and recovery therapy for those who can return to duty
within the theater evacuation policy. Post-deployment clinical practice
guidelines query all members regarding medical/psychological issues.
Because of its importance--I repeat--restoring the victims' health and
well-being is our top priority.
Another source of counseling to the victim is the Air Force
Chaplain. Recently, the Chaplain Service has focused on providing
training for chaplains who would be in a position to receive counselees
who are victims of assault. They have trained AFA chaplains with the
assistance of civilian experts in the area of assessment and treatment
of sexual victims and offenders. The Chaplain Service Resource Board is
currently working to develop a training program that will be used first
at our AETC bases in 2004.
A second form of response is reporting and investigation. The Air
Force Office of Special Investigation (AF/OSI) investigates and reports
sexual assault crimes. AF/OSI agents are specially trained to deal with
victims of such crimes. Security forces are also often the first
responders. Victims are highly encouraged to participate in the Victim
and Witness Assistance Program and to cooperate with investigators so
that their case can be resolved. The AFA now has ART, a
multidisciplinary team designed to support command in their response to
sexual assault allegations and ensure that victims receive all
appropriate avenues of assistance. This may well become a model
throughout the Air Force.
Senior leadership involvement remains critical. Beyond the
attention and many hours devoted to this important issue by the
Secretary and the Chief of Staff, every level of leadership is equally
engaged. Commanders are given tools that provide them a vehicle to be
proactive and tailor programs and resources to their specific units and
community needs. For example, each Air Force base, major command and
the Air Staff sponsor a working group that deals specifically with
community issues, with a focus on prevention and service delivery.
These working groups, called Integrated Delivery Services (IDS) teams,
are comprised of representatives from Family Advocacy, Health and
Wellness clinic, Life Skills clinic, the Chaplain's office, the Family
Support Center, and the Services office. The IDS team serves as the
working group for the Community Action Information Board (CAIB), with
responsibility for monitoring the health and well-being of their
populations, and targeting prevention and intervention services.
Through CAIB and IDS processes, issues such as sexual assault and
others like alcohol abuse, tobacco use, family violence and suicide
prevention are viewed as community issues requiring a coordinated
multi-agency approach.
In closing, I want to again state that we are devoting the
resources--the expertise--and the energy to addressing this challenge.
Our leadership does not take this matter lightly.
From the Air Force Inspector General giving the review of sexual
assault as a special interest item, to the re-deployment briefing and
follow-up surveys; to the recent task that I gave to every major
command to perform a comprehensive assessment of our assault response
system to include, but not limited to, education, training and
prevention, reporting procedures, response programs, and program
oversight. From the Secretary-established headquarters team that leads
the Air Force-wide assessment and reports to the Secretary, Chief, and
major command commanders to our top-level interest in the study that is
being released here today. I can assure you that this issue is on the
front burner of our senior leadership.
Last year, it was my privilege to lead our airmen--the next of
America's greatest generations--into combat in Iraq and, the year
before--into combat in Afghanistan. Today, as the Vice Chief of Staff,
I see their talents, their energy, and their dedication every day and
could not be prouder of the way they perform. It is my commitment to
them to see that their service is free from the threat of assault and
completed with honor and dignity.
Thank you Mr Chairman for the opportunity to discuss this critical
issue with you and the subcommittee.
Senator Chambliss. General Moseley, I intend to visit with
you and Secretary Roche and General Jumper. Senator Nelson and
I agree when it comes to the AFA. We've already had a hearing
on the AFA. We know there's been a change in command, and some
believe it's not fair to get them back up here until they've
had an opportunity to implement new procedures, some of which
you have already referred to. We're going to be doing a
followup hearing sometime afterwards, maybe before the new
class comes in. Anyhow, there will be a point in time in which
we take on that issue, but it will be entirely separate from
what we're here to talk about today.
General Moseley. Sure.
Senator Chambliss. We've been joined by Senator Pryor and
also Senator Cornyn. Senator Clinton I know is coming back.
Senator Cornyn, if you want to make any quick remarks,
we're happy to hear from you.
Senator Cornyn. Thank you, Mr. Chairman.
Thank you, Mr. Chairman. I want to commend you for holding
this hearing today. I think it's clear to all of us that we
have to do everything we can within our power to make sure our
armed services are free from sexual harassment and sexual
assault, and I believe that zero tolerance should be our
guiding principle. In those cases when an unfortunate act does
occur, we have to provide the very best resources and care for
victims, and we must hold those responsible accountable.
I commend Secretary Rumsfeld for creating a task force to
examine the issue which will report back to him in 90 days.
However, I have to wonder how many studies and how many task
forces we need before we're going to solve this unacceptable
problem. I'm concerned that we have not yet successfully
implemented all the lessons learned from previous incidents of
sexual assault. I think the DOD must do better in working with
the Services to provide a uniform and standardized manner for
the care and treatment of victims of sexual assault.
Of course, the best solution is to prevent sexual assault
from occurring in the first place. This takes leadership at all
levels, and constant training.
General Moseley, in your testimony, you mentioned the
investigation at Sheppard Air Force Base. When it is my turn to
ask questions, I'd like to ask for you to give us an interim
report of that investigation. When I saw you recently, I told
you I had talked to General Cooke, and I'll be meeting with him
tomorrow afternoon. I look forward to getting the final results
of the investigation, at Sheppard Air Force Base.
Obviously wherever it happens, whether it's in Texas on an
Air Force base or on a Navy ship, this is serious business,
and, as I said, I believe zero tolerance must be our guiding
principle.
Thank you, Mr. Chairman.
Senator Chambliss. Thank you, Senator Cornyn.
Dr. Chu, you mentioned, in your statement, that incidents
are down, but I didn't get the date. Was that in this report?
Dr. Chu. Yes, sir, it is. The prior survey, demanded by
Congress, was accomplished in 1995. The incidents of sexual
assault in that year was 6 percent for women. This is a 1-year
incidence rate. In the just completed 2002 survey, which we are
reporting from here, the incidence rate was 3 percent. We have
succeeded in cutting the incidence rate in half. It is still
too high and has a long way to go, but it is down substantially
from where we were several years ago.
Senator Chambliss. I think we can take some gratification
in that. However, as we all know, the number of incidents that
are reported is about 16 percent nationwide, of the incidents
that occur. While that number may be going down, the actual
number of incidents probably is still high.
Dr. Chu. Senator, if I may, I believe that's the importance
of this survey. You are absolutely correct, the criminal
statistics tend to badly under-report the incidence of these
kinds of crimes. As Congress directed, we have gone to a wide
population survey. Sixty thousand people were surveyed for this
purpose. We have a response rate of about 36 percent of our
entire Active Force which is about 20,000 responses. This way
they can anonymously tell us if they were the victim of sexual
assault. It's those kinds of surveys that allow people to try
to estimate what the underlying incidence is. It's our best
shot at gauging where we truly are.
Senator Chambliss. As we move into the next round of base
closure, we're talking a lot about cross-Service arrangements
etc. between our Services. As I've listened to each of these
gentlemen speak about their particular program within their
branch of the Service, it occurs to me that, if ever there was
an area where some collaboration or continuity between the
Services ought to exist, there should be some standard that all
Services go by. I'm wondering if any thought has been given,
within the Pentagon, to a standard sexual assault policy for
each and every branch of the Service, so that anybody who joins
any branch of the Service knows exactly where to go in the
event something like this happens to them.
Dr. Chu. We already have the basic structure for that
standardization, sir. As far as the criminal offense is
concerned, of course, we do have the UCMJ. If assault occurs,
the UCMJ is our instrument for prosecuting and dealing with the
perpetrators. We also have a standardized approach to how we
deal with the healthcare aspects. We do it through our hospital
system, which is essentially a uniform approach. We attempt to
model the best practices in civil society.
Third, we have emphasized to the Services that training is
crucial, as I think each one of these gentlemen has testified.
That has been done a little differently in each Service, and I
think one of the interesting issues you raise is whether or not
we bring that into greater conformance. However the training
systems of each Service are a little bit different, and the
career paths are a little bit different.
I don't want to predict the task force's findings too much
since it's just completed its work, but I think what is going
to come out will show that a greater attention to how we treat
the victims once an incident has occurred is needed. Second, we
need to redouble our prevention efforts, which you've all
correctly identified as the long-term solution, precluding
these assaults from happening in the first place.
Senator Chambliss. I certainly would agree with you that
prevention is number one. I have to say, however, from the
stories that we've heard and the victims that we've talked to,
there appears to be some systemic problems in dealing with
these individuals once it has occurred. I would hope that some
standardized method of treatment is developed so that whether
it happens at an Army base, Navy base, or wherever it may be,
that there is some standardized way to give these people the
type of professional help they need.
General Casey, how many incidences have been reported
recently, since the conflict in Iraq began in theater?
General Casey. Senator, over the last 14 months, since the
soldiers started going into that theater of operations in large
numbers, we have over 80 cases reported.
Senator Chambliss. Eighty?
General Casey. We have about 86, as I walked out of the
office this morning.
Senator Chambliss. Okay.
General Casey. Senator Nelson said 88.
Eighty-six is the number that we're tracking.
Senator Chambliss. Can you tell me how many arrests have
been made out of those 86?
General Casey. Of those 86, 14 have been through the court-
martial process already. The rest of those are still being
processed. Those 86 are allegations, so they are being
investigated by the criminal investigation division. They have
finished investigations in about half of those cases, and
they're still investigating the other half.
Senator Chambliss. Does the Army have a standard operating
procedure (SOP) relative to an alleged victim who comes forward
and gives evidence, or reports that one of her superiors,
whether it be enlisted or an officer sexually assaulted her?
Does the Army have a SOP regarding how or whether or not that
individual is removed from the command of that individual? Is
there any kind of set policy for dealing with that issue?
General Casey. Are you asking me if there is a policy in
place that deals with victims who come forward and report to
have been sexually assaulted by a senior officer?
Senator Chambliss. Let me use an example to explain
further. I had a young lady who told me that she came forward
with a charge of sexual assault against an officer in the
company that she was serving in. She said that after she
received medical treatment, she was put back in that same
company with that same officer still in place, and they were
ultimately transferred to another location. It just doesn't
make a whole lot of sense to me that that ought to happen, and
I'm just wondering if there's any kind of SOP for dealing with
this type of situation or was this an exception to the rule?
General Casey. No, sir. In fact, I would tell you that we
have no specific policy that dictates either the victim or the
accused should be removed from that command. We don't dictate
that. We leave that up to the commander on the scene to make an
evaluation.
Senator Chambliss. Well, I would have to say that that
bothers me because of the nature of some of these incidences
that have occurred. To put that person back under the command
of somebody, whether it's direct command or not, that they have
accused of committing a sexual attack is troubling. I really
think you all ought to look at this. Dr. Chu, this may be
something that the task force ought to look into.
Dr. Chu. It is, and I have charged them with that. Our
policy in DOD has been to leave the decision to the senior
commander on the scene. We may need to overrule that with a
more directive set of guidelines as to what to do. There are
tensions here. As General Casey indicated, these are
allegations. Some fraction typically prove unfounded. There is
tension between protecting the victim, who is usually a woman,
ensuring that she is comfortable and feels safe and the rights
of the accused. You have to be careful not to prejudge the
outcome.
All that said, I think one of the most difficult issues we
face, this question of separating the individual from her, or
occasionally, his unit, should the person be someplace else?
How should we deal with that? That's one of the things I have
charged the task force with how should we proceed in a way that
is consistent with all the objectives that we have for the
Armed Forces?
General Casey. We are also asking our task force to look at
this. On the flip side of that, mandating that the victim must
leave the unit, really puts the onus on the victim. Therefore,
we are leaning more toward mandating no contact and possibly
mandating removal of the accused, rather than the victim. As I
said, the task force is still working that, and it's a tough
issue, as David said.
Senator Chambliss. Of the 74 remaining cases under
investigation, in the Iraq theater, is there some kind of
average time for the investigation to take place? Let me tell
you what my concern is. I have one particular case in which the
young lady alleges a sexual assault took place last November.
Even though she went through a horrible situation relative to
the incident itself, as well as the treatment she allegedly got
after that, the fact of the matter is, the alleged attacker has
moved on, her unit has moved on, and people are coming and
going. From a treatment standpoint, the individual that was
treating her has been rotated back. The individual she talked
to, relative to potential prosecution, has now rotated back.
Everybody that comes in has to start over again. Meanwhile,
this young lady is caught in a trap. She alleges she's been
raped, she is suffering from mental distress, as well as
physical distress, and she's caught there.
Is there any time limit on an investigation in one of these
places, particularly in theater?
General Casey. Senator, that's a great point, and it's one
of the points that we've asked the task force to look into
specifically. Everything is harder in-theater, and everything
takes longer in theater than it does here. I must admit, as we
look through these cases, the timeliness of some of the
investigations is a concern to us. One of the things we've
asked the task force to do is to determine a standard, or at
least a goal, that these investigators can focus on to try to
bring the investigations to closure as rapidly as possible. As
you've indicated, stretching it out for that long is not
appropriate and not something that we can accept.
Senator Chambliss. I don't know how you deal with it, and
that's certainly not something this committee or this
subcommittee ought to dictate to any branch, but we're going to
continue to follow up with this. This is not the last hearing
we're going to have or the last time we're going to ask you all
to come up and talk about this. We expect you to go back and
review your policies, and implement new ones where they need to
be. I've already had several particular situations that have
been called to my attention, and every Member has heard the
same thing. We have to deal with this somehow.
General Casey. You're absolutely right.
Senator Chambliss. One individual suffering that kind of
distress is one too many, just like one victim is one too many.
Senator Nelson.
Senator Ben Nelson. Thank you, Mr. Chairman. Thank you for
the presentations that we've had this morning.
I'm encouraged by what I think is a uniform belief that
zero tolerance has to be the standard, by the statistics we've
been shown that there has been some improvement, by a reduction
of incidents and by the common theme that prevention and
prevention programs are going to continue. We're going to
continue to look at how we might expand and improve them over a
period of time.
Even so, some of the press reports suggest that an outdated
military justice system might leave too much discretion to
commanders, and that that might be partly to blame. Dr. Chu,
maybe you can help us. Will the 90-day review that is being
conducted at Secretary Rumsfeld's direction evaluate the
adequacy of the UCMJ and, at the same time, the appropriateness
of the commanders' discretion to deal with allegations of
sexual assault?
Dr. Chu. All our policies in the DOD on this issue are up
for review as part of the task force's charter. Consistent with
the comments you've made, and those of your colleagues, the
emphasis is on improving our care to the victim. I think that's
where we believe we have the greatest distance to go. The kinds
of incidents that Senator Chambliss and others have cited
underscore that. That's where I would like to see the most
rapid progress achieved, so that the victims feel secure, so
that the kind of under-reporting that plagues us, just as it
plagues civil society, can be substantially reduced. As you can
appreciate, we can't prosecute an incident the victim is
reluctant to come forward and acknowledge occurred. That's the
heart of the long-term deterrence dilemma for us, as it is for
civil authorities.
All policies and issues are on the table, but we are trying
to give special attention to properly caring for the victim.
Senator Ben Nelson. I certainly concur with the chairman's
recommendation about some standardization coming from the best
practices of the branches to be able to get a standard that
takes into account the experience of each of the Services. At
the end of the day, we will have top-down, as well as
grassroots, improvement in how the system works, not only for
prevention, but also for dealing with those incidents that do
occur.
You mentioned the decline from 6 percent to 3 percent as a
result of that survey. Does that survey help us understand the
frequency of sexual assaults in a deployed status, as opposed
to a combination of deployed and non-deployed statistics?
Dr. Chu. It does, within sharp limits. Fortunately, the
incidence is relatively low. We have approximately 20,000
responses, which is only a small set of actual incidents to
look at. If I recollect correctly, about a quarter of those
incidents were in a deployed status. We have a very modest
understanding of that issue. One of the things we'll be looking
at is whether or not, we need to review the deployed situation
in greater depth, and whether there are aberrant behaviors that
differ from the garrison situation that we should be focusing
on especially when the task force renders its report that's one
of the things, we'll come to a conclusion on.
Senator Ben Nelson. I think that answers my questions at
the present time. Thank you very much. Thank you all.
Senator Chambliss. Senator Collins.
Senator Collins. Thank you, Mr. Chairman.
Dr. Chu, I do not doubt, in any way, your personal
commitment to addressing this problem. I know that you view it
as deeply disturbing as I do.
Dr. Chu. Thank you, ma'am.
Senator Collins. There's a ``however'' coming. [Laughter.]
I am, however, concerned about the implications of some
statements in an op-ed piece that you wrote earlier this month
for USA Today. In it, you said, ``Regrettably, sexual violence
is a problem that challenges American society at large. We, in
Defense, are not immune to the ills of the larger society.''
I understand that statement, but I fundamentally disagree
with the comparison between civilian society and a military
environment. What we have learned is that the military
environment can create additional obstacles for victims of
sexual assaults, obstacles that they would not encounter in
civilian society, and that's one of the reasons why I'm so
concerned.
For example, we've heard from victims that there is a
problem with the availability of immediate medical treatment,
which is not a problem in civilian society. We've learned from
victims that there is a fear of retribution by superior
officers if such assaults are reported. We learned that in the
AFA cases, as well. That is unlikely to occur in civilian
society. The Miles Foundation has a whole list of factors,
ranging from the availability of rape kits to the ability to
bring criminal proceedings quickly. General Casey has testified
this morning that everything takes longer and is more difficult
in theater than it would be in the United States. Women may
also serve at remote outposts, where treatment, counseling, and
criminal investigation are simply not immediately available.
I'm concerned about looking at this problem as if it were
simply a subset of the problems in society at large. I think
one reason this is such a difficult problem for the military to
deal with is, it isn't like reporting a civilian rape in
society at large. Could you address my concern about the
additional barriers that a victim may face in a military
environment?
Dr. Chu. I'd be delighted to, ma'am. I'd like to start by
putting my original editorial remarks back into context. In
saying we're not immune, I think we have to be honest in terms
of formulating programs that work, especially in regard to
prevention, in acknowledging we take in a segment of American
society. We're a reflection of that larger society, and any
behavioral issues that occur there, we're going to see
reflected in our ranks.
That all said, actually, I would turn your concerns the
other way around. I think we have an opportunity in the
military to do better, and that is our goal. In their careers,
these gentlemen have demonstrated that with drug usage,
specifically. It does, however, take time, investment, and
perseverance. We have to change the attitudes that people bring
when they arrive, and that's reflected, I would argue, in the
data, in terms of the higher incidence rate in the junior
ranks, who are the most recent arrivals to our Service and
whose outlook and behaviors we have to work hardest to improve.
Yes, there are different circumstances in the military. I
don't think it necessarily makes it harder. I think, in many
respects, it makes it more straightforward for us to proceed.
We can mandate procedures. We can mandate training. We have
mandated training. I would challenge others to find a civil
institution that does as much to educate its leaders on this
issue.
We are committed to ensuring that the military does better
than the society at large, but we have to be realistic about
where we start from, because we are a reflection of that larger
society. That was my point in the editorial. We are committed
to overcoming any obstacles that may be specific to the
military situation. We will find solutions to those problems,
if we have not already done so, in the steps we'll take in the
days, months, and years ahead.
Senator Collins. My point is that the evidence strongly
suggests that a victim of a sexual assault in the military
faces far more obstacles in getting the help that she or he
needs. That wouldn't be the case in a civilian situation,
particularly if that person is serving in a war zone or is
serving in CENTCOM, for example. That's my concern.
I don't know the accuracy of the study, but I read
testimony from the Miles Foundation which suggests a far higher
rate of sexual assault in the military compared to the civilian
population. Would you like to comment? Have you seen that
study?
Dr. Chu. I'm not sure to what Miles is referring. In fact,
we have done an extensive search of all the literature as to
what it says about the incidence, because that's one of the
first benchmark questions you ask: How do you compare with
other institutions in the larger civil society?
Let me summarize what the experts have taught me on this
subject. Others will have, obviously, their own views of this
literature. First, the National Crime Victims Survey under-
reports--I think that's the standard scholarly conclusion. It
is distressing to me that out there in civil society there is
not a survey that is parallel to the one Congress has directed
the DOD to conduct now for the third time. There isn't an easy
reference point that we'd like to have. I have already begun to
take steps to discuss with the Department of Justice (DOJ),
whether we want to partner with them to get a better
understanding of the larger issues that you have raised in your
question.
Third, I think the closest point of comparison we can find
in the literature is the DOJ survey of college women, which was
undertaken in the mid to late 1990s. It's done a little
differently. The reporting period is a little different from
what we did here. The way I would read the conclusions is that
we're not out of line with what they report for that
population. However, it's a different population with different
circumstances.
Your underlying concern is, is it harder in the military?
There may certainly be things that make it harder, but there
are other things, I would argue, that do and can make it more
straightforward. I think the jury is still out on that issue.
Ultimately, the real question for us is not whether it's
harder or easier. The real question is, do our people feel that
they can have recourse to help when they need it?
I acknowledge, we're not where we need to be in that
regard, and that is our most important immediate task.
Senator Collins. The real issue is prevention in the first
place.
Dr. Chu. Yes.
Senator Collins. If I could just quickly ask one more
question. Thank you, Mr. Chairman.
Admiral Mullen, the Pentagon reported that between October
2002 and November 2003, there were 88 reported cases of sexual
misconduct in the CENTCOM theater. I thought it was very
interesting, in looking at the statistics, that 80 were in the
Army, seven were in the Air Force, one was in the Marine Corps,
and none were in the Navy. I understand, from a numbers
standpoint, that there may have been many more Army and Air
Force personnel in theater, but there's still a disparity when
you adjust for the number of personnel. I'm giving you a great
opportunity here to tell me what the Navy's doing right and
whether you think it is a result of the Sexual Assault Victims
Initiative (SAVI) program, the SAVI program that you discussed
with me in my office.
Thank you.
Admiral Mullen. Thank you, Senator Collins. I'll try to
take the opportunity, but not all of it, because the numbers
that I have are not exactly the same. Let me go to the SAVI
program.
As I have both listened to the questions and been involved
in particularly intense preparation for this hearing, the SAVI
program really becomes the heart and soul for our ability to
properly respond. While it is not perfect and we have work to
do, it does start to answer questions, like continuity, Mr.
Chairman, in terms of care, because it focuses on advocacy, and
it focuses on an individual advocate that essentially takes
care of handling all issues for the victim. It becomes the
conduit through which the information flows in and out of the
chain of command, to and from the medical center. It is this
program, which was developed over time, which has given us, I
think, great strength in this area. Again, it's not perfect,
but it is something that we have trained an awful lot of people
on who have become advocates. We trained over 1,250 people last
year. We have, this year, 300 commands, around the world, who
have not just representatives, but advocates aboard.
The Navy has been a deployed and rotational force forever,
so this is something we've had to address over a great period
of time. In most cases, the timing is very responsive. We have
this kind of support on major units, major medical support, in
addition to those in installations around the world. From the
standpoint of giving credit, or depending on a successful
program, SAVI has been at the heart of that.
Let me get back to the statistics. I was actually unable to
verify where they got those numbers for the DOD report. In
fact, we're not home free on this. We've had, in fiscal year
2003 and for the first couple of months of this year, 12
incidents in CENTCOM. Most of these took place in Bahrain. We
have an awful lot of our Navy personnel stationed there. Seven
of those are closed. Those are all in fiscal year 2003. Six of
those seven were either terminated because the evidence didn't
support it or the victim made a decision to not continue. We
have five cases which are open, one of which we have a general
court-martial scheduled, and the four others are currently
ongoing. That's my understanding of where we are right now.
That said, I have a great deal of confidence in the program
that we have.
Senator Collins. Thank you, Mr. Chairman.
Senator Chambliss. Senator Allard.
General Casey. Excuse me, Mr. Chairman, before we leave
Senator Collins, may I say one more thing?
Senator Chambliss. Sure.
General Casey. I'm new at this, but I'd like to make a
comment on something that the Senator said in her opening
statement, and I'm not sure when the right time to do that is.
Senator Chambliss. Feel free to, General Casey.
General Casey. Senator, you mentioned, in your opening
statement, the fact that our female soldiers may have more to
fear from their fellow soldiers than they do from the enemy,
and I think I'd be remiss if I didn't assure you and the
committee that I absolutely and fundamentally don't believe
that to be a true statement. I think it doesn't give the weight
to the high regard in which we hold our female soldiers and to
the great contribution they're making to operations around the
world.
I'm not trying to be confrontational, I just felt I would
be remiss if I didn't say that.
Senator Collins. General, I have enormous respect for our
troops, both male and female. The vast majority of them are
absolutely professional, patriotic Americans, and I was careful
in my statement to qualify with the word ``some.'' However,
obviously, in some cases, that is, in fact, what has happened.
Senator Chambliss. Senator Allard.
Senator Allard. Thank you, Mr. Chairman.
I have briefly looked over your Armed Forces and Sexual
Harassment Survey you just handed out here, Dr. Chu.
Dr. Chu. Yes, thank you, sir.
Senator Allard. You made it available to the subcommittee,
and I thank you for doing it. This is a 2002 survey. In just
briefly looking over the survey, I see where you have put a lot
of things in percentages. When I worked with the AFA on sexual
harassment, one of the things we struggled with and really
worked hard on is to get some meaningful data that you can
present to those in charge, and also to this subcommittee, that
would give us some idea of what really is happening.
Being a scientist, I have a suspicion of percentages. I
think I would feel much more comfortable in the report if we
could be looking at actual figures, but I don't see actual
figures in here. It looks like the whole report is going
through on percentages. It looks to me like it would be a good
idea if we could determine how many individuals were surveyed
and how your sample was collected. The DOD is a large
organization, and I think it would be helpful to the committee
if we could also see it broken down by Service--I don't see it
broken down by Service. Seeing it broken down would also be
helpful for us to know how the progress is moving forward in
each one of those branches of government--or branches of the
Service.
I hope that somehow or the other, you can go into a little
more detail about the methodology and about who's been
sampling. Perhaps you could provide us with that data on
numbers and tell us how many were surveyed and how they're
responding when you break them down. I don't know if we need to
go into all the real little details. I think you've done a good
job in trying to break them down, and I understand your
challenges there, but if we could be dealing with some actual
numbers, I think it would give this committee a little better
feel of what's happening, other than percentage.
I notice in one chart you had 1 percent. It had to do with
the junior officers, as opposed to senior women. If we had
specific numbers, I think it would help us analyze that a
little bit. Do you think you can do that?
Dr. Chu. Absolutely, sir. I do recognize you've only had a
few moments to look at this. I think if you turn to chapter 2,
you'll find the methodology spelled out in great detail. One of
the reasons we report percentages is because it's a sample of
60,000 with approximately 20,000 responses. We have to weight
the answers back up to the population, as a whole, because, as
you can appreciate, you get differential response rates from
different subsets of the population. That's why the standard
approach is to do percentage. They can be translated, however,
into estimates or absolute numbers. I'll do that to the extent
that the report does not already do so.
Senator Allard. If you can give us some absolute numbers in
some of those key areas, I think that would be helpful. There
are so many ways that you can manipulate a percentage, and when
you have the actual number in front of you then you can look at
just what can be done with that. I think it would help the
report.
Also, in the report, the survey stated that 1 percent of
junior enlisted say that they have been sexually assaulted. Do
you happen to have an actual figure on that?
Dr. Chu. Actually, I believe the junior enlisted figure is
somewhat higher than that, Senator, because that is where the
core of our problem lies, as we see it. Again, you can
translate that into an absolute case number, using the
population basis.
Senator Allard. Yes.
Dr. Chu. I should also emphasize the report does, in its
individual chapters, go into comparisons across services.
Senator Allard. Yes.
Dr. Chu. One of the important findings, in my judgement, is
that the improvement that we've seen between 1995 and 2002 is
consistent across the Services.
Senator Allard. That's all very helpful, but I think,
again, if we can get some raw figures, it would be more
helpful.
There is a statement in there that says it's more common
for junior enlisted women to be sexually assaulted, as opposed
to the more senior.
Dr. Chu. That's correct.
Senator Allard. Can you explain why it is more common?
Dr. Chu. As to why it's more common, I think that's where
one gets into hypotheses, and we will be looking carefully at
this survey to see if we can understand why that happens. I
think one issue, as I have said in my testimony, that we have
to deal with is that these people have been with us the
shortest time, so we've had the least opportunity to conduct
the training that these four gentlemen have described. I think
that training is generally effective. That's what our people,
in the substantial majority, report. Admiral Mullen emphasized,
you don't just give the training once, you give it repeatedly.
Just as General Nyland in the Marine Corps does, and intends to
strengthen, we want to be sure that this training is revisited
on a appropriate periodic basis.
Senator Allard. It looks to me like you have also surveyed
enlisted individuals, and you've included civilian employees
and contractors, as well. Is that correct?
Dr. Chu. No. The survey went to military personnel.
Senator Allard. Military only. So we're only talking about
enlisted.
Dr. Chu. Both enlisted and officers.
Senator Allard. What about the Coast Guard?
Is that part of the Coast Guard part of that?
Dr. Chu. I don't recall. We did Coast Guard, too, yes.
Senator Allard. The Coast Guard is in there. What about the
reservists?
Dr. Chu. No, we will do a separate survey of reservists.
Senator Allard. So the National Guard and reservists would
be separate. Is that right?
Dr. Chu. That's to be done this year, yes, sir.
Senator Allard. So the figures that you're presenting us is
basically on the enlisted individuals. I think that's where
this subcommittee would be the most interested.
Dr. Chu. Right. The figures are for the active service
enlisted and officers. The incidence for officers is much lower
than that for enlisted officers.
Senator Allard. I was looking at this one survey, and they
talked about all of these, so I was getting a little confused
about the extent of that inquiry.
Again, I would emphasize that, as with the academies, we
need to figure out a way to measure results. I understand this
would be much more challenging with the Services. This way,
when you come to us with a program where you think there is a
sexual assault problem we can look at some kind of scientific
anonymous survey and see exactly how many assaults there were
on each given year. Then policy can be implemented. We would be
able to look at it 2 or 3 years later, and see where it's
gradually getting better. That's my ultimate goal, and I would
encourage you to figure out a way in which you can do that.
We've figured it out in the AFA, and I think it is making a
difference. Granted, it's a little different environment, and
yours is much more complicated, but I think that at least needs
to be our goal. That would be most helpful to this subcommittee
and any of the supervisors that would be looking at the data.
Dr. Chu. We agree, sir. Indeed, we think this survey is the
first step in that direction and does, indeed, as my colleagues
have testified, identify a very positive trend. We are not
where we need to be but we have improved.
Senator Allard. Thank you very much.
Thank you, Mr. Chairman.
Senator Chambliss. Senator Warner.
Senator Warner. Thank you, Mr. Chairman. I think we've had
a very good hearing, thus far, Mr. Chairman, and I commend you,
again.
Dr. Chu, I know you well enough just to kind of hit you
hard on this thing.
Dr. Chu. Yes, sir.
Senator Warner. Why in the world does it take 2 years to do
a survey?
Dr. Chu. It's a good question, sir.
Senator Warner. There's not a person at this table that
doesn't do surveys in the political business. We turn them
around overnight. Somewhere between overnight and 2 years is a
happy medium. This is a major problem, and it should have been
addressed long before the 2 years. Do you have any thoughts on
it?
Dr. Chu. I don't disagree with you, sir. I will report that
DOD, before we came to office, had not been doing the surveys
that Congress indicated we should. We undertook to do so.
Senator Warner. Good.
Dr. Chu. This is more complex, generally, than yes/no
questions, so it does take a while.
Senator Warner. I fully appreciate the depth of it and the
breadth of it, but 2 years is too long.
Dr. Chu. I have no difference with you, sir, that we'd like
to be speedier. Really, this was the last of the surveys we did
where we used paper-and-pencil results, as well as Web-based.
Senator Warner. Right.
Dr. Chu. This was transitional. That's one of the reasons
we're going to Web-based surveys, because we want to be able to
tabulate and report much more rapidly.
Senator Warner. Good. We leave this hearing with the
understanding that 2 years is unacceptable.
Dr. Chu. Absolutely.
Senator Warner. Given the necessity to move swiftly on this
issue henceforth, I'm sure you'll find some outfit to get us
this information much more quickly. We can recommend a few.
They get the information to us overnight. I don't say that
facetiously. These are good polling companies that go out and
take an issue for us now and then in a contested campaign and
tell us where the mainstream of thought is.
Many of the problems emanate from postings and deployments
aboard ships, and in obvious confinement, posts overseas such
as Iraq. You've mentioned Bahrain. I've been there many, many
times. It ebbs and flows, but it's hard to get off post
sometime in a safe environment. These pressures will sometimes
build up and erupt in these most unsatisfactory and
unacceptable ways in AORs in assignments where there is
considerable restriction and limitation of the ability of the
people to be off-base and co-mingle with the civilian society
and other walks of life.
With that, I'll close out, but I want to ask one more
question, though. Drawing on my own very modest experience in
the military, sometimes you never see a commanding officer or a
high-ranking officer, and lots of times you don't want to see
them. I remember a gentleman who was up here, who was the new
Chief of Staff for the Air Force, preceding John Jumper. His
father was Chief of Staff of the Air Force when I was the
Secretary of the Navy, and I asked him one time, in a pompous
way, ``Well, did you get to see much of your father when you
were second lieutenant?'' He said, ``No, I tried to stay on the
other side of the world from my father at all times.''
[Laughter.]
I think every now and then the visibility of a very senior
officer moving into an area where there's a problem and showing
that visibility from the very top on down might help reinforce
the depth of sincerity that we have to attach to this problem.
If you don't have a policy or a system in place, I would put
that out. A CNO has a very wonderful way of putting out a
message to his commanders. I know that, and I'm sure the other
Services have a similar command.
Thank you very much, gentlemen.
Senator Chambliss. Thank you, Mr. Chairman.
Dr. Chu, among the other things you take back to the
Pentagon, be sure they understand that the chairman of the full
committee, and the chairman and the ranking member of this
subcommittee, expect this internal report to be done in due
course. We're not looking at 2 years. We're looking at a short-
term turnaround with respect to that internal report.
Senator Cornyn.
Senator Cornyn. Thank you, Mr. Chairman.
On February 11, 2004, The Denver Post reported what they
called ``a wave of sexual assaults'' that they claimed had gone
unnoticed at Sheppard Air Force Base, in Wichita Falls, Texas.
The second sentence in that lead says, `` `Base women are too
scared to go public,' victim's advocates say.''
Later, local newspapers said that The Denver Post story may
be overblown. An ex-counselor was reported to have taken issue
with The Denver Post story and said that her remarks were taken
out of context. Then there's another story in the Wichita Falls
Times Record that said rape statistics actually are lower in
Wichita Falls.
What I wanted to ask you about, General Moseley, deals with
a Denver Post article. Then I would like to ask you for a
summary interim report on what's happening there. On February
22, The Denver Post writes, ``The optimists believe that
Congress is prepared to pound out serious reform to improve how
the military handles violence against women. The pessimists
believe a silent handshake bonds Congress and the military,
preventing any meaningful change.''
I understand we have a free press in this country, and
people can write whatever they want, within very wide
boundaries. I know that all of you at the table understand
this, and certainly everyone up here understands it, but I just
want to tell the cynics, the author of that statement, and
anybody else who might cynically believe that we do not take
this matter as a profoundly serious issue, that they're wrong.
With that, General Moseley, can you tell us what you've
been able to find out to date? I know General Cook, the
commander of the Air Education Training Command, has ordered a
investigation. Could you bring us up to date on that, please?
General Moseley. Senator Cornyn, thank you.
In fact, I had some time yesterday to spend with General
Cook, and also Brigadier General-Select K.C. McClain, who
conducted this survey. She used to work for me, and she's just
recently turned over command at Goodfellow at San Angelo. She
is the perfect officer with the right background to conduct
this.
Let me tell you the bottom line up front. These are our
people, these are our airmen, these are our kids, and we take
this seriously. One is too many. An impression that there are
handshakes or agreements out there is not only not true, but a
bit insulting, because these are our kids. We take them as a
national treasure, and we attempt to hold them early, even from
day one, at a higher standard, and we mold them, and we create
in them professional military men and women who hold their job
very seriously which is the defense of the republic.
The summary, up front, is that after this the students feel
safe, they know how to report occurrences of sexual assault,
they trust the base leadership in Sheppard and at all levels of
command and supervision. The members are actively engaged in
providing a safe and secure environment conducive to that
training.
Brigadier General-Select McClain took 22 people to
Sheppard, at the behest of General Cook. They surveyed 5,035 of
the students. There are about 5,000 students there at any point
in time, so they rounded up some of the transitional students
and 5,035 were surveyed. They interviewed a thousand face-to-
face. The survey population was determined by a random cut of
social security numbers, 50 percent male, and 50 percent
female. There was no way to pick a subpopulation or a career
field going through the tech school. There were just a thousand
randomly selected people.
Eighty-five percent of the surveyed and interviewed believe
that reporting is encouraged and reinforced. Ninety percent are
absolutely confident in the process. Ninety-five percent of the
females feel safe. Ninety-two percent of the females are
confident in the leadership and their commanders' efforts in
this area. Also as an observation, Air Education Training
Command and the Wing at Sheppard have an ongoing memorandum of
agreement with First Step, the civilian agency off-base. In
fact, the Sheppard Family Advocacy representative is on the
board of directors at First Step. We value that relationship
with that off-base interview, because they are so professional
and they provide a service to our kids.
Five hotlines were added during the conduct of this survey,
at Sheppard and also at Randolph, which is headquarters of Air
Education and Training Command. The numbers were toll-free and
publicized on TV and in the base publications. As of yesterday,
we have had five calls. One was a report from a female that
said her case was handled properly and she is satisfied with
the conduct. The second call was a report of potential assault
at another base, which we're following up on. The third call
was an ask-for-help with a potential harassment case, which we
are following up on. The fourth call was a report of a 1966
assault, with no names and no requests for followup. We also
had a call on a 1974 assault case, but again with no names or
followup action. We had one reporter call to see if someone
would answer the phone. We had one Senator's staffer call, also
to see if someone would answer the call.
We also asked to go back 10 years to look at background at
Sheppard in these cases. There have been 45 cases since 1993.
Nineteen went to court-martial, 15 were found guilty, and the
remaining 26 were non-judicial punishment Article 15s.
Senator Cornyn, that's the initial report, but more details
will follow with all of that with raw data, I believe General
Cook will be here this week to talk to both you and Senator
Hutchison.
Senator Cornyn. I look forward to talking to General Cook
about that in more detail tomorrow.
Let me just ask each of you a final question about this.
Admiral Mullen, I'm very interested to learn about the SAVI
program that the Navy has conducted, and I commend you for
that. In the civilian world, most law enforcement authorities
have a crime victims coordinator who is there to make sure that
a victim of a crime, whether it's a sexual assault or
otherwise, is not re-victimized by trying to navigate an alien
process like our criminal investigation and law enforcement
agencies. Even though they're there to serve, someone who's
been victimized by crime and needs some help, I commend the
Navy for creating that.
I would like to ask each of you to comment on whether your
services have similar crime victims advocates or something
similar to the SAVI program.
General Casey.
General Casey. Thank you, Senator.
We have a Victim Witness Liaison Program. Frankly, I
believe it's at too high a level. I mentioned in my opening
statement that our initial review of our procedures,
particularly in this area, have led us to believe that we have
some things that we need to do there. I mentioned there are six
victim witness liaisons in theater now. They're at division
level. You can imagine the difficulty of getting down to a
victim in some isolated outpost. We can do better than that,
and we will.
I'd like to close by saying, we are looking very hard at
the Navy's program. It makes a lot of sense to us.
Senator Cornyn. General Nyland.
General Nyland. Yes, sir. We also have victim advocates. At
our 17 major installations, we have 27 that are funded, and we
have them augmented with 125 volunteers, and they are there 24
hours a day, 7 days a week. They have the access that can take
them from family advocacy to the law enforcement piece and to
counseling. So we are also great believers in the victim
advocacy program, and we do have that in place.
Senator Cornyn. General Moseley.
General Moseley. Senator Cornyn, we have a Victim/Witness
Assistance Program in place. What we have found after all of
our series of major command reviews, is that at each change of
command we have a climate assessment that's required by the new
commander, and then every 2 years at that unit. As we can see
from looking at this, and as we have found out from an offshoot
of the Fowler Commission as we've gone down to other units, and
also with this Sheppard assessment, we are not where we need to
be. Brigadier General Select K.C. McClain also believes that
there is a better way to do this. This is what we have, and it
has served us, but I'm not sure it's as good as we want it to
be.
For instance, the care of and handover of the victim or
witness across assignments and across post-separation from the
Air Force needs to be done better. We're in the process of
manifesting all of those observations from all of those
studies, and operationalizing the notion that we need to get at
this better. This includes taking a look at what Admiral
Mullen's program does for us, and looking at rolling that up
inside our command structure to ensure commanders, not staff
officers, are involved. We need to ensure that commanders are
held accountable, not only for the activities, but the
followup. That's where we are today.
Senator Cornyn. Dr. Chu, should there be a standard
approach for a victim's advocate across the branches as a
matter of DOD policy?
Dr. Chu. That's one of the issues we're going to look at
very quickly, as Senator Chambliss urged. I do think there is
an advantage to having an organized advocate program, as the
Navy does, and, to a lesser extent, as the other Services do.
This is a low incidence at any particular installation,
fortunately and, indeed, you see that in the fact that we often
partner with a civil hospital for the actual forensic tests,
because they have more cases that come to their attention, and
are more practice in doing the various procedures. Just as
General Moseley said, ``One advantage of having an advocate
program is that you make sure that best practices, and the best
way of handling the situation, are, indeed, applied in each
instance.'' We'll be looking very hard at what we can do to
ensure that outcome. Whether a standardized program is the
right way to get that result is another issue.
Senator Cornyn. Mr. Chairman, I very much appreciate you
conducting this hearing. I know that all of us feel very
strongly that this is important. There is no silent handshake
or any other complicity on the part of anyone in Congress or
the military. This is not going to be simply brushed under the
rug or ignored.
I do believe that a similar role to that of the crime
victims advocate that's used in the civilian world and the law
enforcement agencies of our local and State governments is a
model that we ought to look at very closely.
Thank you.
Senator Chambliss. Thank you, Senator.
I'm glad you raised the issue of what was in that press
report, because everybody on this subcommittee and on the full
committee has a very professional relationship with each and
every one of these men. Because of that, we know they're
professionals, and we know that they want to see this job
carried out to the fullest extent with regard to each and every
issue that we have to deal with. This is one of many issues
that we all deal with, with each of these men, as well as other
folks in every branch of the Service. They know and you well
know, and I see you all shaking your head, that we're going to
follow up with you, from an oversight perspective. We respect
you, and you respect us, and that's part of our job, and we
know it's a very vital part of your job. Thank you for bringing
that out, Senator Cornyn.
Senator Pryor.
Senator Pryor. Thank you, Mr. Chairman. Thank you for your
leadership on this issue.
I know that each of you, in your own ways, have had some
experience with the UCMJ. One of the things I keep picking up
on is whether the UCMJ is in need of updating or whether we
should revisit the UCMJ, especially with regard to crimes of
sexual nature such as sexual assault, etc. If I could, I'd like
to go down the list and ask you about the UCMJ, whether we
should update it, and also whether you feel commanders have too
much discretion with regard to these type cases under the UCMJ.
General Moseley, not to pick on you, but I'll start with you,
if thats okay.
General Moseley. Senator, let me answer your second
question first. I do not believe commanders have too much
discretion, because we hold commanders accountable for the
conduct of combat, for the engagement of combat and for the
well-being of their troops. A commander is a commander, and is
ultimately responsible, whether he is the commander of an
aviation unit or a ship or a surface unit, for the activities
of his unit and the prosecution of his mission.
Relative to the UCMJ, I would welcome any review that would
make the situation or the addressing of these issues better,
quicker, and with more finality. I would welcome any review
that allows us the ability to protect our kids or the victim,
that would allow us to accelerate a process, and would allow us
to prosecute the perpetrator in a much more robust manner.
Senator, having said that, we have the legitimacy now, with
the UCMJ, to do that very thing. With the articles, as they are
defined in title 10 of the UCMJ, we are able to do that.
Let me close by saying we would welcome any review,
dialogue, or participation in any process that would make this
better.
Senator Pryor. Thank you.
General Nyland.
General Nyland. Yes, sir, Senator. I believe that part of
the ongoing task force will, in fact, review the UCMJ. We
review it annually as well.
That said, I would say that the discretion afforded a
commander is not too lenient. It is a vehicle by which he is
able to preserve good order and discipline in his unit. I also
believe that the UCMJ gives him the authority and the way to
both protect the victim and punish the perpetrator.
Senator Pryor. Okay.
Admiral Mullen.
Admiral Mullen. Senator Pryor, we're all individuals of our
own experience, and I've had the blessing of being able to
command five times. In the Navy, and I feel this way for the
other Services, I think it is clear that command
responsibility, authority, and accountability are at the heart
and soul of who we are and what we do. Therein, we invest in
that and in those people that we very carefully screen to take
those positions. I think that's where it should remain.
I have also been extremely well served over three and a
half decades by the UCMJ. Echoing what my colleagues have said,
I would welcome a review that made this better. The UCMJ has
stood very well in the most difficult times in a both fair and
balanced way to come out with the right result.
Senator Pryor. Thank you.
General Casey.
General Casey. Senator, there's not much left to say on
this. I would say that I do not believe that the UCMJ currently
gives the commanders too much discretion. It is one of the
issues we've asked our task force to look at. We asked the task
force to determine if there is anything with the UCMJ that
makes their job harder with respect to prosecuting sexual
assaults.
The last thing I'd say is something that General Moseley
said a little bit ago. All our commanders, and I know all the
commanders for all the Services, feel very strongly that these
are our soldiers, and we want them to have the best protection
and justice available to them.
Senator Pryor. Thank you.
Dr. Chu.
Dr. Chu. As I indicated earlier, all policies are on the
table in this review. That includes whether or not the UCMJ
needs strengthening. I do want to join my colleagues in saying
that I think one of the strengths of the military system,
specifically in dealing effectively and promptly with
disciplinary issues, is the discretion that we give the
commander. There is a variety of ways you can use the UCMJ and
article 15 to reach the result we need, which is to ensure that
perpetrators are promptly and appropriately punished so that
it's a deterrent to future wrongdoing. Our emphasis in this
review, as we have all stressed, is on what can we do in the
immediate future to improve our care of the victims, and what
we can we do over the longer term to preclude sexual assault in
the first place.
Senator Pryor. Thank you. I know that all of you all are
familiar with The Denver Post's ongoing investigative
reporting, mostly centered around the AFA. You all know they've
done a months-long investigation of various aspects of sexual
assault within the military. Not to drag you all through all
that again, but there's an interesting editorial today in The
Denver Post that I wanted to ask some questions on. Just by way
of background, they talk about how their investigation found
that military husbands often get a free pass for domestic
violence that would land civilians in jail, that rapes
committed by military personnel often are sloppily investigated
and rarely punished, that victims said they get poor medical
attention and little or no counseling, and that many American
service women said that they were raped in Iraq by their fellow
U.S. soldiers, but the military bungled the investigations, and
higher-ups punished victims for reporting the assaults.
Dr. Chu, not to pick on you, but I'll let you be the
spokesman for the group. If you want to defer to some of them
in answering these questions, that'd be great.
As part of this Denver Post editorial today, they
encouraged the Senate to ask four questions of the panel, and
so I'll ask them to you, if you don't mind, Dr. Chu. First, why
did the military bury earlier internal reports about the scope
of sexual assaults and related crimes? I'll just let you
comment on that and answer that however you feel free.
Dr. Chu. First, I haven't read The Denver Post editorial,
so I'll be careful in commenting on something I have not
actually perused. To the question you raised, I don't believe
we have buried such reports.
Senator Pryor. Those are their words, not mine.
Dr. Chu. I understand. They have alleged we buried them. If
past editorials are prologue, I suspect the allegation is there
and the specifics are not provided, so I would invite those who
think we've buried reports to point to what we have buried.
That's not our policy. We don't bury reports. We don't hide
things.
Senator Pryor. The second question is, why have suspected
assailants gone free?
Dr. Chu. I don't know what they're speaking of. My
hypothesis is, they're referring to cases whose outcomes they
would like to have seen come out differently. I think Admiral
Mullen and my colleagues have pointed out the variety of
outcomes that occur when an allegation is made. Some
allegations are found to be unfounded, at least in terms of a
judicial issue. In some cases, the victim decides not to
proceed, which leaves the Service in a different position. In
other cases, we do, indeed, proceed to general court-martial
and we jail people for these offenses.
Senator Pryor. The third question is, why do commanders
drum rape victims out of the Service?
Dr. Chu. Again, I don't mean to be impudent in saying, that
the question has a when-did-you-last-stop-beating-your-wife
flavor to it.
Senator Pryor. I understand.
Again, I'm just quoting the article verbatim.
Dr. Chu. The article starts with an assumption that I would
quarrel with, and I think we need to come back to a fact-based
discussion of these issues. Without a fact-based discussion, we
will never get to the policy improvements and the program
strengthening that we need in order to ensure better results.
Senator Pryor. Fourth, why are counseling and other
services to rape and domestic violence victims decades behind
those available in the civilian sector?
Dr. Chu. Again, sir, I think I would quarrel with the
presumption of the question that we're necessarily behind the
civil sector. In some ways, I would argue we are at least equal
to the civil sector. I would point to the Navy SAVI program as
a possible case where we're better than the civil sector.
Senator Pryor. Right.
Dr. Chu. At least some civil sectors.
Senator Pryor. Now, you other four have heard those
questions. Would you all like to offer any comment on those?
Again, I just thought it would be fair to hear your response to
any of those. Would anybody like to take some of that on?
Yes, sir?
General Casey. I think we've all said it. One incidence in
any of those categories is too much, and that's what this is
about. I think we all have talked about our commitment to
support for the victims of sexual assault, and what we're doing
to get better at it. We talked earlier about 3 percent. That's
one 97 that I'm not proud of.
Senator Pryor. Right.
General Casey. It's the 3 percent that's most important.
Senator Pryor. Right. Anybody else?
General Moseley. Senator Pryor, let me echo, again, these
are our people. These are our soldiers, sailors, marines,
airmen, and coast guardsmen. The notion that people get a free
pass or that things are winked at or swept under the rug is
outrageous. Is there room for improvement? Always. Will we
always find ways to do this better and faster? Yes. Are we
looking for ways to do it better and faster? Yes. The
assumption that somehow we do not take this seriously, or that
somehow we have other things to do, I take issue with. These
are our kids, these are our people, and they're a national
treasure, both male and female. We're dedicated to making this
better, and we're dedicated to taking care of them.
Senator Pryor. Okay.
Mr. Chairman, that's all I have.
Senator Chambliss. Thank you.
Senator Nelson.
Senator Ben Nelson. I thank you, Mr. Chairman.
Obviously, The Denver Post has taken a very significant
interest in the allegations in this particular situation. I
should alert everyone that I may have a conflict of interest.
As a young boy, I delivered The Denver Post as a paperboy.
I have a question. I note that the Navy requires all
commands to report any alleged sexual assault involving Navy
personnel to the Naval Criminal Investigative Service, and to
forward a unit situation report for all alleged sexual assaults
involving active-duty or family members or occurring on Navy
property. The Navy has also instituted an internal monthly
review of this sexual assault data to identify trends and to
address corrective action at the earliest possible point. I'd
like to ask the other chiefs to respond, if you will, to what
the Navy has done, as to whether or not you have adopted such
practices or whether you think it might be worthy of
consideration. I know we have an overall study going, but I'd
like to get your particular thoughts on what appears to be a
best practice.
We'll just go ahead and start with General Casey. You had
to start last time, General Moseley.
General Casey. Senator, our reporting requirements policy
is the same as the Navy's. Any incidence of sexual assault is
reported to our Criminal Investigation Command, and they take
up the investigation.
Senator Ben Nelson. Then do you know if you do a monthly
review of the data?
General Casey. As I mentioned in my statement, we have
instituted a quarterly review of the sexual assault data.
Senator Ben Nelson. Quarterly.
General Casey. Again, back to what Senator Allard said, we
know what we know, and what we really have to get after is what
we don't know. That's what we hope these periodic reviews will
help us do.
Senator Ben Nelson. Okay.
General Nyland.
General Nyland. Yes, sir. Similarly, all of our orders
require commanders to immediately report any sexual assault or
rape cases. They will go through law enforcement, as well as
through the family advocacy program. Those reach my desk at all
hours of the day and night, should they occur, via serious-
incident reports.
We are, as part of our development of the Consolidated Law
Enforcement Operations Center (CLEOC) program, looking for ways
to better be able to mine data on this and learn more from it
than we do at present.
Senator Ben Nelson. Okay.
General Moseley.
General Moseley. Senator Nelson, we're in the same boat.
Sir, we only know what we know. Going beyond your question, the
real issue is, how do we go about setting a climate in which
people are more free to report when perhaps they had felt
reluctant to do so in the past? That's the challenge for us.
Each commander gets the same information. As the commander in
the Gulf, I knew within a few hours if we had a case like this,
and I knew exactly who was taking care of the victim, the
status of the victim and the perpetrator, where we are on
prosecution, and where we are on transferring the people and
separating them out if they were in the same unit, et cetera.
You only know what you know. So the real challenge is to set
the climate and to set the conditions so people are more free
to report. That's our focus right now.
Senator Ben Nelson. Very good.
Thank you, Mr. Chairman.
Senator Chambliss. Thank you, Senator.
In this job, you never know when you have to revert to your
prior means of incomes, so who knows where you may be next?
[Laughter.]
Let me just close by saying that Senator Collins alluded to
something a minute ago that I feel very strongly about, and
that is we know that this problem is not unique to the
military. We obviously know that it happens in the civilian
world every day. Hopefully it doesn't happen every day, but,
unfortunately, it probably does, like in the military. We need
to look to the military for a much higher standard than we do
the civilian world.
General Moseley, you've heard me time and time again talk
about the pride I get going onto Robbins Air Force Base or
Moody Air Force Base because of the quality of those young men
and women that we have recruited and trained and have serving.
It's the same way with every other base that I go on,
irrespective of what the Service is. All of you have that same
pride in these young men and women. Because of that, we know
that we have a different caliber of individual than what is out
there in the civilian world, and we need to expect more from
them. We train and discipline our young men and women in every
branch of the Service to be the type of responsible individual
that we all want them to be. I think Senator Collins is
absolutely right that the standard that we look to is much
higher than what we look to in the civilian world.
Along that same line, General Moseley, one thing that
bothers me about this situation at Sheppard is the level of the
violence that's alleged to have occurred out there. I don't
know how we deal with that, and I guess it'll work its way
through the report. We look forward to getting that report, as
well as to getting the DOD report, Dr. Chu.
The other thing that I want to make sure that you leave
here with is that we expect a higher standard. We expect
policies in every branch of the military to be written
policies, to be strong policies, to be policies that are not
unreasonable, or difficult to adhere to. The main thing is, we
expect enforcement. There obviously have been situations where
the policies of every branch of the Service have not been
enforced, and we have to do a better job of that. When I say
``we,'' that means members of this committee, from an oversight
standpoint, and each and every one of you in the position that
you're in, to make sure that the individuals underneath you are
enforcing the rules and the laws that we have on the books
relative to sexual assaults.
Gentlemen, we thank you very much for being here. I don't
know whether we're going to follow up with you in 30 days, 60
days, or 6 months, but we are going to continue on with this
issue until this subcommittee and the full committee feel
comfortable that this issue is being addressed at the level
that it should be, and that progress is being made towards
ensuring that that level of incidence is at a point to where we
are making progress with respect to the reduction of it.
Gentlemen, thank you very much for being here.
Dr. Chu. Thank you, Mr. Chairman.
Senator Chambliss. We'll ask that our second panel come
forward. (Pause.)
Ladies, thank you very much for your patience and for being
here today. I would like to introduce our next panel.
With us today is Ms. Christine Hansen, the Executive
Director of the Miles Foundation, located in Newton,
Connecticut. The Miles Foundation is a private, nonprofit
organization dedicated to providing victims services to the
military community. Ms. Hansen has worked with victims of
violence since 1978. Among many other accomplishments, she
supervised the drafting and publication of a series of guides
for victims of sexual and domestic violence.
Ms. Hansen, welcome.
Next, we welcome Dr. Terri Rau of the Navy Personnel
Command. Dr. Rau is a clinical psychologist and educator. As
the head of the Navy's Counseling, Advocacy, and Prevention
Branch, she has been a principal architect of the Navy's SAVI
program.
Dr. Rau, welcome.
Ms. Deborah Tucker is the Executive Director of the
National Center on Domestic and Sexual Violence, located in
Austin, Texas. She recently completed a 3-year term as co-chair
of the DOD Task Force on Domestic Violence, whose report is a
tremendous resource for the Department. Ms. Tucker has been
nationally recognized for her leadership in establishing
programs aimed at ending domestic violence.
Ms. Tucker, welcome.
Lastly, we welcome Dr. Susan Mather. Dr. Mather is the
Chief Officer of Public Health and Environmental Hazards in the
Veterans Health Administration (VHA). Within the VHA, the Women
Veterans Health Program provides priority counseling for sexual
trauma victims. Throughout her career with the VHA, Dr. Mather
has been a leader in assessing the needs of women veterans and
ensuring that services are available.
I thank you for your written statements. We are pleased to
have you here. If you could summarize those written statements,
we'll move right into questions.
Ms. Hansen, we'll start with you. Again, thank you for
being here.
STATEMENT OF CHRISTINE HANSEN, EXECUTIVE DIRECTOR, THE MILES
FOUNDATION
Ms. Hansen. Thank you, Senator.
Good afternoon, Mr. Chairman and members of the
subcommittee. Thank you for inviting me here to provide
information, analysis, and recommendations relative to the
challenges of interpersonal violence for victims, survivors,
and the advocates who serve in the military community.
Again, my name is Christine Hansen. I'm the Executive
Director of The Miles Foundation. The foundation is a private,
nonprofit organization providing services to victims and
survivors of interpersonal violence associated particularly
with the U.S. Armed Forces; coordinating and navigating
civilian and military service providers and professionals;
conducting and supporting research; furnishing training and
technical assistance to military personnel and civilian
community-based programs; initiating public-education
campaigns; and serving to ensure that public policy is well-
informed and constructive.
To date, the foundation has provided services to over
11,000 survivors in intimate-partner violence; and over 6,000
survivors of sexual violence associated with the military since
1996.
I would like to summarize my statement and request that it
be submitted for the record.
Sexual violence within the United States Armed Forces is a
force-protection issue impacting deployments, readiness, and
cohesion. I'd also like to take this opportunity to focus upon
some important statistics relative to prevalence, survey data
and reports, and the current state of affairs, as well as
recommendations for change.
According to DOD, one-sixth of 1 percent of deployed female
service members are victims of a sexual assault. A survey
conducted by researchers within the Veterans Administration
(VA) concluded that one-third of female service members
deployed during Operations Desert Storm and Desert Shield were
challenged by physical sexual harassment, with 13 of the
respondents reporting a sexual assault. The comparative
analysis of this data completed by the researchers indicated
that the rate was a tenfold increase above the civilian rape
rate during the same period of time.
The disparity among these statistical findings relates to
the methodological differences of surveys conducted within the
DOD and those within the VA. The DOD has acknowledged 88
reported cases of sexual misconduct in the current theater of
operations, particularly Iraq, Kuwait, and Afghanistan. The
Miles Foundation has received reports of 68 cases of sexual
assault, predominantly in Iraq, Kuwait, and Bahrain. Eleven
survivors have reported the incidents to military authorities,
including command, chaplains, military criminal investigators,
and security forces.
The common threads or challenges for the survivors, if you
will, include accessibility to medical care and services,
including the testing for sexually transmitted diseases, HIV,
and pregnancy; the availability of emergency contraception and
medication; availability of mental health counselors or rape
trauma specialists; the availability of chaplains; the
availability of victim advocates; victim witness liaisons and
attorneys; the availability of information as to the rights of
a victim; accessibility and availability of rape kits; and
trained personnel to perform the examinations and to collect
the evidence. They have also noted the lack of, or incomplete,
criminal investigations; administrative hearings being
conducted by commanders; characterization of an attempted or
completed rape as fraternization or adultery; presence of
pornography; safety issues, citing the ongoing presence of an
alleged assailant, or weapons; fear of adverse career impact; a
fear of adverse impact on security clearances; and retaliation
or retribution by peers and command.
In addition, the survivors have also shared information and
insight relative to a lack of privacy to perform daily
routines; lighting in and around the tent cities; isolation;
the existence of a sexually charged atmosphere; safety concerns
relative to staging areas, particularly, for convoys; the
collection and processing of DNA samples; jurisdictional issues
as to on-post or off-post incidents reporting requirements;
and, finally, information relative to the battle-buddy system
for enlisted female personnel, with its limited application to
female officers.
The other point to be made here is that there is an overlap
between sexual and domestic violence among the ranks. Several
studies have cited the overlap, noting that one-third of female
veterans reporting physical assault by an intimate partner also
report being sexually assaulted.
To address these force-protection issues, I propose the
following, not to reinvent the wheel, but rather to build upon
an existing program within the military departments, that being
the Victim Advocate-Victim Service Specialist program
authorized by Congress in 1994 and supported by recent
appropriations, as well as a victim advocate protocol. This
program would be enhanced by the development of an Office of
the Victim Advocate in order to restore access to services. The
Office of the Victim Advocate would serve as headquarters
program manager, as well as mirror offices within local and
State governments; and institute best professional practices,
such as the employment and training of sexual assault nurse
examiners. The Office of the Victim Advocate will contract
victim advocate-victim service specialists within the military
departments; serve as headquarters program manager; adapt best
professional practices within the civilian community to the
military, including, again, but not limited to, the sexual
assault nurse practitioners, sexual assault response teams and
domestic violence response teams; establish protective
provisions and protocols, including a privacy privilege or non-
disclosure policy; coordinate and navigate services among the
military departments and civilian community; advise and consult
with command relative to services, safety and accountability;
and report to the Secretary of Defense and Congress on the
current state of affairs, as well as propose initiatives to
enhance the response of the military departments to
interpersonal violence.
On behalf of victims, survivors, and the advocates who
serve this special population, thank you for the opportunity to
present this testimony. Again, the establishment of an Office
of the Victim Advocate, staffing and funding for victim
advocates-victim service specialists, and the adoption of best
professional practices will go far towards restoring access to
services, safeguarding military personnel, families, and
partners, encouraging victims to seek help and treatment, and
fostering the prosecution of assailants.
Thank you.
[The prepared statement of Ms. Hansen follows:]
Prepared Statement by Christine Hansen, Executive Director, The Miles
Foundation
INTRODUCTION
Mr. Chairman and members of the subcommittee, I am Christine
Hansen, Executive Director of The Miles Foundation.
The Miles Foundation is a private, nonprofit organization dedicated
to providing comprehensive services to victims and survivors of
interpersonal violence associated with the U.S. Armed Forces;
coordinating assistance, support, advocacy and networks for criminal
justice professionals and human service providers; furnishing
professional education and training to military personnel and civilian
community-based professionals and service providers; conducting
research and analysis; serving as a resource center for policymakers,
advocates, journalists, students, researchers, and scholars; initiating
community education campaigns; and serving to ensure that public policy
is well-informed and constructive.
The foundation has provided services to over 11,000 survivors of
intimate partner violence and over 6,000 survivors of sexual violence
since 1996.
I am pleased to testify today on behalf of victims, survivors, and
the advocates serving this special population, the military community.
I am going to summarize my statement and ask that it be accepted
into the record. Before I begin, I want to thank Chairman Chambliss,
members of the subcommittee, and staff for providing a public forum in
which the challenges for military personnel, families, and partners are
presented. I am grateful for the opportunity to outline recommendations
to enhance the response of the military departments to interpersonal
violence among the ranks.
I would also like to acknowledge the work and support of numerous
colleagues including advocates and organizations dedicated to
addressing sexual and domestic violence within special populations,
such as the National Coalition Against Domestic Violence, National
Network to End Domestic Violence, National Alliance of Sexual Assault
Coalitions, National Organization for Women, and Amnesty International.
Sexual violence associated with the U.S. Armed Forces periodically
gains public attention due to sexual misconduct scandals, including
Tailhook, Aberdeen, Fort Leonard Wood, Okinawa, Air Force Academy, and
most recently, the current theater of operations (Hansen and Rosen,
2003; Hansen, 2004).
The daughters and granddaughters of pioneers who packed parachute
bags for the boys in World War II are among the 15 percent of women
serving in Operation Iraqi Freedom (OIF), the war on terrorism, and
rebuilding Iraq.
In honor of women veterans, active duty women, women who serve on
the homefront, and women who dream of military service, an examination
of the prevalence, investigations, policies, laws, services, and
treatment for victims and offenders of interpersonal violence within
the military community will be presented. The information will
hopefully assist with the development of legislative and administrative
protocols to enhance services and provide justice to those victimized
within this special population.
STATISTICS: RESEARCH DATA, REPORTS AND SCREENING
The DOD has assessed the prevalence of sexual assault between 5 to
6 percent of female active duty service members (Bastian et al., 1995).
The experiences of female active duty members in the past year found
that 9 percent of women in the Marine Corps, 8 percent of women in the
Army, 6 percent of women in the Navy, and 4 percent of women in the Air
Force experienced an attempted or completed rape (Bastian et al.,
1995). Fifty-two percent of female respondents reported sexual
harassment in the same survey (Bastian et al., 1995).
A recent survey conducted within the VA concluded that 30 percent
of female veterans have experienced an attempted or completed rape
during active duty (Sadler et al., 2003).
The disparity between prevalence rates within the military
departments and the VA relates to methodological differences,
specifically the anonymity for respondents and protocols for the
protection of human subjects (Bostock and Daley, 2001 and 2004). Survey
responses are available to command in the active duty services.
Anonymous surveys are preferred for determing the prevalence of
intimate partner violence, sexual harassment and assault among active
duty military women (Campbell et al., 2003). Prevalence and evaluation
studies should be conducted under the principles guaranteeing
confidentiality to victims as specified by statute.
In addition, the preliminary findings resulting from the screening
of veterans under the Veterans' Millennium Health Care Act (Veterans'
Millennium Health Care Act, 1999) indicates that 22,456 male and 19,463
female service members have experienced sexual trauma during active
duty. The screening encompasses 1,300 medical centers serving 1.67
million veterans (Snel, 2003).
Data collected by the DOD Inspector General (IG) indicates 11
percent of seniors and 3 percent of freshmen at the Air Force Academy
have been victims of an attempted or completed rape (McIntyre, 2003).
This rate is disproportionately high for the population of female
cadets, comprising 16 percent of the cadet corps. The sexual assault
rate may be 25 percent greater than the rate on college campuses
(Fisher et al., 2000; Hansen, 2004).
Please note the IG survey contained a narrow, legal definition of
rape, rather than a scientific or behavioral set of questions. A
prevalence or evaluation study conducted utilizing the state of the art
in civilian studies may result in accurate data, generalizability and
comparative analysis.
STATISTICS: DEPLOYMENTS
According to DOD, one-sixth of 1 percent of female service members
experience sexual trauma during deployments (Lumpkin, 2004).
A survey of female Persian Gulf War veterans concluded that 13, or
8 percent, of female respondents were sexually assaulted. In addition,
one-third of the respondents reported physical sexual harassment (Wolfe
et al., 1992 and 1998). The rate of victimization experienced by women
service members deployed during Operations Desert Storm and Desert
Shield represents nearly a ten fold increase over rates obtained using
female civilian community samples (Wolfe et al., 1992 and 1998).
The DOD has acknowledged 88 reported cases of sexual misconduct in
the current theater of operations.
The Miles Foundation has received reports of 68 cases of sexual
assault occurring in Iraq and Kuwait. Eleven survivors have reported
the incidents to military authorities including command (3); chaplains
(3); military criminal investigators (2); military police (MP)/security
forces (2); and judge advocate general (JAG) (1).
The number of incidents should not be considered finite as
colleagues at local rape crisis centers and shelter programs are
providing services to survivors returning from the theater of
operations. In addition, cases may overlap among the Foundation, local
service providers, and VA.
The common threads or challenges include:
accessibility and availability of medical care and
services including testing for STDs, HIV, and pregnancy;
availability of emergency contraception and
medication;
accessibility and availability of mental health
counselors and/or rape trauma specialists;
accessibility and availability of chaplains;
accessibility and availability of victim advocates,
victim witness liasions, and attorneys;
availability of information relative to the rights of
a victim;
accessibility and availability of rape evidence kits
and trained personnel to perform examinations and evidence
collection;
lack or incomplete criminal investigations;
administrative hearings conducted by commanders;
lack of information as to the status of criminal and/
or administrative investigations;
characterization of an attempted or completed rape as
``fraternization'' and/or ``adultery'';
presence of pornography;
safety, citing the ongoing presence of alleged
assailants and weapons;
fear of adverse career impact;
fear of adverse impact on security clearances; and
retaliation or retribution by peers and command.
In addition, victims and survivors have shared information and
insight relative to:
lack of privacy for performing daily routines;
lighting in and around the tent cities;
isolation;
existence of a ``sexually charged atmosphere'';
safety concerns relative to staging areas for convoys;
collection and processing of DNA samples;
jurisdictional issues, on post or off post incidents
and reporting requirements; and
battle buddy system for enlisted female personnel with
limited application to female officers.
DEMOGRAPHICS AND CASE STUDIES
The demographic characteristics among the cases reported to the
Foundation include a significant number of female officers and
noncommissioned officers. The characteristics may correlate to issues
of privacy, fear of adverse career impact, and availability of
resources.
The risk associated with rank (enlisted v. officer) has been found
in several studies documenting domestic violence among active duty
military women (Caliber Associates, 1996; Coyle and Wolan, 1996;
Bostock and Daley, 2004).
The absence of confidentiality is a deterrent to victims reporting
abuse to military authorities. This lack of confidentiality may be even
more an issue for officers than enlisted women. Although victimization
should not adversely affect a woman's career, there is widespread
concern as to its impact (Campbell, 2003; Defense Task Force on
Domestic Violence, 2002).
In addition, the emergence of female officers seeking services with
the Foundation may indicate a hidden problem among female enlisted
personnel.
Talia was sexually assaulted by a fellow soldier while deployed in
the Persian Gulf. She was, belatedly, flown back from her unit for
medical leave and long term counseling to cope with rape trauma. The
rape evidence kit was turned over to local police for DNA analysis due
to a backlog of 6 months or more. She has been unable to obtain
information relative to the status of the investigation due to
transfers and reassignments of military criminal investigators.
Kelsey was sexually assaulted by an escort while serving in OIF.
She has received no immediate or subsequent medical treatment for an
injury occurring during the assault. She has not received testing for
STDs, HIV, and/or pregnancy. She will engage testing facilities and
counseling with civilian authorities in the near future.
Augie was sexually assaulted by a colleague while being transported
between units. She was driven to a secluded place. She was threatened
with charges of adultery and fraternization upon reporting the assault.
Lisa was sexually assaulted by a male soldier following his viewing
of pornography with fellow service members. She received medical
attention from medics at a combat support hospital. She has not
received counseling for the trauma. She has been denied access to
attorneys until her return from theater.
ACQUAINTANCE, DATE, AND GANG RAPES IN THE MILITARY COMMUNITY
According to the most recent survey within DOD, 18 percent of the
Army women experienced sexual coercion while 5 percent experienced
sexual assault (Bastian et al., 1995).
The survey of female veterans, however, indicates that 37 percent
of the women who reported an attempted or completed rape also reported
being raped more than once, while 14 percent of the attempted rape or
completed rape victims reported being gang raped (Sadler et al., 2003).
INTERSECTION OF SEXUAL AND DOMESTIC VIOLENCE
The overlap of physical, sexual, and emotional abuse is routinely
found in studies and case histories of survivors. Research relative to
active duty military women has cited this overlap concluding that one-
third of female veterans reporting physical assault by an intimate
partner also reported being seuxally assaulted (Murdoch and Nichol,
1995). In another study, researchers discovered that psychological
abuse related significantly to psychological distress in active duty
military women (Rosen, Parmley et al., 2002). The overlap in types of
abuse supprots the argument for a broad definition of domestic and/or
sexual violence within the military (Campbell, et al., 2003).
Risk Factors: Hostile Environment, Hypermasculinity, and Prior
Victimization
The military environment is more powerfully associated with risk
than individual factors, encompassing young women entering male
dominanted working groups at lower levels of authority; sexual
harassment by officers; and unwanted advances on duty and in sleeping
quarters (Sadler et al., 2003).
The norms currently prevalent within military organizations include
a configuration of norms regarding masculinity, sexuality, and women
that have been found to be conducive to rape, including element of
hypermasculinity, adversial sexual beliefs, promiscuity, rape myth
acceptance, hostility toward women, and possibly the acceptance of
violence against women (Morris, 1996). Morris suggested that military
cohesion is associated with a culture of hypermasculinity including the
objectification and denigration of women through the consumption of
pornography and pervasive use of sexist language. Bonding tends to
occur around stereotypic masculine characteristics, such as dominance,
aggressiveness, risk taking, and attitudes that favor sexual violence
toward women and that reflect distrust, anger, alienation, and
resentment toward women. Morris concluded that norms reflecting
hypermasculinity among service members are imparted during the informal
acculturation process encompassing the consumption of alcohol,
pornography, bragging about sexual activity, and attending strip shows
(Morris, 1996; Mercier and Mercier, 2000; Rosen et al., 2003).
An example of the insidious hostility towards women is evident at
the Air Force Academy. Sixty-eight percent of the female cadets were
victims of sexual harassment, according to the survey by the IG. The
survey also revealed the depth of hostility citing one in four male
cadets do not support women attending the Service Academy. The birth of
these cadets occurred well after the military academies began accepting
women in 1976. Traditional sex roles for men and women are supported by
male cadets at the military academies; and egalitarianism appears to
lessen as cadets and midshipmen ascend through the ranks, according to
earlier studies (Robinson Kurpius et al., 2000; Adams, 1984; Cecil,
1996; Gill et al., 1997; Stevens and Gardner, 1987). The ``Bring Me
Men'' sign posted, until recently, on Academy grounds served as a
symbol.
VICTIMIZATION AND REVICTIMIZATION
Numerous studies have been conducted within the military
departments which detail the victimization of service members prior to
military service (Rosen and Martin, 1998; Merrill, Newell, Koss et al.,
1998; Merrill, Thomsen et al., 2001; Stander, 2001; Bostock and Daley,
2004 ). The studies indicate that individuals who have been challenged
by sexual or child abuse prior to recruitment are more vulnerable to
revictimization. I would urge caution as to distorting this evidence
with notions of instability of victims or adopting the ``asking for
it'' mentality. The studies have yet to determine the reason for
vulnerability.
A recent case at the Naval Academy further illustrates the
challenges for victims of sexual violence within the military. Naval
prosecutors withdrew charges prior to the convening of a court-marital
due to prior victimization of the victim (Associated Press, 2003). The
victim decided not to permit questioning during the proceedings
concerning previous sexual trauma. Civilian judicial authorities would
impose a rape shield or consider relevance. The decision by military
authorities does not provide equal protection under the law.
BARRIERS TO REPORTING
The barriers to reporting for active duty, cadets, and family
members within the military include mandatory reporting procedures,
lack of privacy and confidentiality of communications, fear of adverse
career impact and fear of being charged with disciplinary infractions
such as alcohol, drugs, fraternization, or adultery.
Three-fourths of the women who were raped in a survey by the VA
acknowledged that they did not report the incident to a ranking
officer. One-third of the respondents cited not knowing how to report
as the reason for not reporting (Sadler et al., 2003).
The survey conducted by the IG in response to the sexual misconduct
scandal at the Air Force Academy notes that one in six cadets are not
aware of the protocols for reporting sexual assault. Further, cadets
reported that the fear of reprisals and retribution as the reason for
not reporting. The fear of being punished by command officials, such
as, by being punished by having to march the Terrazzo for hours, was
cited by 25.2 percent of the female respondents.
A comparative analysis of the IG data with a recent survey of
college students indicates significant differences among the
populations relative to the fear of reprisals and reasons for not
reporting. The fear of reprisal correlates directly to the assailant
for victims on college campuses, whereas the fear of reprisals from
peers, colleagues and command authorities traumatizes Academy assault
victims.
PRIVACY PRIVILEGE AND NONDISCLOSURE POLICY
The lack of confidentiality within the miltitary has been greatly
debated following the Jaffee v. Redmond decision of the U.S. Supreme
Court. The American Psychiatric Association, military personnel and
families have advocated for the adoption of privacy standards in order
to facilitate mental health diagnosis and treatment within the Services
(Darcy and Summers, 2002).
The psychotherapist-patient privilege in cases of sexual assault,
domestic violence and child abuse is precluded by the rules of evidence
within the military, Manual for Courts-Martial (Rule 513). The
limitations of the privacy privilege for victims of domestic and sexual
violence have been highlighted in reports by the General Accounting
Office (General Accounting Office, 2000), the Defense Task Force on
Domestic Violence (Defense Task Force on Domestic Violence, 2001, 2002,
and 2003), and Report of the Panel to Review Sexual Misconduct
Allegations at the U.S. Air Force Academy (Department of Defense,
2003).
The adoption of a nondisclosure or privacy privilege has also been
recommended by several task forces including the Defense Task Force on
Domestic Violence and the Fowler Commission. Congress has encouraged
DOD to adopting a nondisclosure policy in order to address this barrier
to seeking help, resources and treatment (Wellstone, 2002; Sense of
Congress, 2004).
GOOD ORDER AND DISCIPLINE OR JUSTICE
Our society exists upon a foundation of law, policy and protocols.
The establishment of a foundation of law and procedure will result in
the creation of a climate providing protection to victims and due
process to alleged offenders. The precedents in this field include the
enactment of State and Federal statutes, such as the Violence Against
Women Act and its reauthorization (Hansen, 2004).
Civilian laws changed during the 1970s to recognize a broader range
of conduct encompassing sexual assault including acquaintance, date and
marital rape. The military case law resulting from the court-martials
associated with Aberdeen Proving Ground expanded the definition of rape
within the military to include acquaintance rape and abuse of power.
Statutory changes have not followed.
Further, the lack of a rape shield (Rule 412), victim preference
(Rule 306(b)) or character and evaluation of military service (Rule
306(b)) provisions within the Manual for Courts-Martial detract from
equal protection for survivors and due process for assailants within
the military (Rosenthal and McDonald, 2003; Hansen, 2004).
A congressionally-mandated study of military sex crime
investigations, Adapting Military Sex Crime Investigations to Changing
Times, recommended guidance against command influence; autonomy for
military criminal investigators; reorganization of military criminal
investigative organizations (MCIOs) including the establishment of a
headquarters program manager; development of installation level sex
crime and domestic violence units; departmental oversight, following
the abolishment of the Board of Investigators; special training and
experience within MCIOs; consolidated training at Federal Law
Enforcement Training Center (FLETC) with an advanced sex crime course;
development of a manual for operational procedures; changes in titling
including probable cause; compliance with Defense Incident-Based
Reporting System (DIBRS) requirements and establishment of a data base;
and establishment of a special agent misconduct reporting system and
ethics. No specific recommendations have been implemented since the
release of the report. The development and implementation of DIBRS
remains an issue within the military departments (National Academy for
Public Administration, 1999).
The Report of the Commission on the 50th Anniversary of the Uniform
Code of Military Justice (UCMJ) made specific recommendations relative
to the impact of rank on rape cases and the influence of military
commanders on criminal investigations. The recommendations included:
modification of the role of the convening authority during pretrial
proceedings; establishment of protections in death penalty cases;
repeal of rape and sodomy laws; establishment of a Criminal Sexual
Misconduct Article, similar to to the Model Penal Code; and
independence for military judges. Congress recently extended the
statute of limitations relative to child abuse (National Institute of
Military Justice, 2001).
Recommendations to alter the culture through training, training,
and more training may not result in policy and/or social change without
a foundation of laws, policies, and programs (Hansen, 2004).
OFFENDER AND SYSTEM ACCOUNTABILITY
Recommendations to assess military leadership's response to sexual
violence acknowledges the impact upon force protection, readiness, and
cohesion. A review of disciplinary actions contained within personnel
records would illustrate the response of leadership. The recommendation
mirrors an accountability and personnel system outlined within
Improving the U.S. Armed Forces Response to Violence Against Women:
Recommendations for Change (Miles Foundation et al., 1999). The
recommendations were sponsored by over 80 local, State, and national
organizations as well as several hundred victim survivors in 1999. The
Defense Task Force on Domestic Violence and Fowler Commission also
proposed the development of system accountability standards (Defense
Task Force on Domestic Violence, 2002; DOD, 2003).
JURISDICTION
The jurisdictional issues between civilian law enforcement and
military installations warrant review. The traditional concept of a
military installation as an area under complete Federal control has
many exceptions. Four types of jurisdiction exist:
Exclusive Federal Jurisdiction--The Federal Government
holds all authority in case of exclusive jurisdiction (18
U.S.C. 13). Offenses are handled only by the military or other
elements of the Federal justice system. Civilian authorities
can only enter upon invitation of the installation commander in
order to serve process, such as Vandenberg Air Force Base,
California.
Concurrent Jurisdiction--State and Federal Governments
share authority over the area under concurrent jurisdiction,
either may be first responders or prosecute offenders.
Partial Jurisdiction--States may give the Federal
Government authority in some areas of law and reserve authority
in others under partial jurisdiction.
Proprietary-Interest Jurisdiction--Proprietary
interest jurisdiction maintains the right of ownership and use
of the land with the Federal Government, however, all legal
authority is assigned to the State, such as the housing unit at
Subase, Groton, Connecticut (Hansen, 2003).
The DOD, following recommendation by the Defense Task Force on
Domestic Violence, is seeking to craft collaborative partnerships
through the development of memorandums of understanding (Defense Task
Force on Domestic Violence, 2002 and 2003; Hickman and Davis, 2003).
Recommendations to develop memorandums of understanding between
military and civilian services, programs and authorities require
additional research. The disparity between military protocols and
civilian statutes relative to definitions of sexual and domestic
violence, mandatory arrests, equal protection, and due process may
prevent such collaborations (Taylor, 2003).
For example, the concurrent jurisdiction at the Academy provides
that local law enforcement may investigate and prosecute crimes
occurring on Academy grounds. However, the El Paso County Sheriff's
Department has entered into a Memorandum of Understanding (MOU/MOA)
which precludes civilian jurisdiction in sexual assault and domestic
violence cases on the grounds. The MOU/MOA may deny these victims equal
protection under the law, as well as enhance municipal and state
liability (Hansen, 2004).
RECOMMENDATIONS
The decades of indifference to sexual and domestic violence within
the military community warrant the establishment of an Office of the
Victim Advocate (Miles et al., 1999; Hansen, 2004). We have learned
much since the establishment of the victim advocate/victim service
specialist program in the services (Victims' Advocates Programs in DOD,
1994).
The disparity between services in the civilian and military
communities has been noted by Congress (Wellstone, 2002; Summers and
Hansen, 2000, 2001 and 2002; Hansen, 2001; Defense Task Force on
Domestic Violence, 2002 and 2001). Congress has also authorized
additional funding to support adequate staffing levels at military
installations (Wellstone, 2002). Further, Congress recently restated
its support of the program by encouraging the development of a victim
advocate protocol and nondisclosure policy within the military
departments (Sense of Congress, 2003).
The Office of the Victim Advocate would mirror offices of the
victim advocate and child advocate established by numerous States, such
as Office of the Victim Advocate and Office of the Child Advocate,
State of Connecticut and Office of the Advocate, City of New York.
The goals of this legislative initiative are to restore access to
services for victims of sexual and domestic violence associated with
the military; establish protective provisions and protocols; correct
ommissions within DOD regulations; correct unforeseen implementation
problems, for example, personnel, staffing, and funding.
The initiative also removes legal impediments that provide a
perverse incentive for sexual and domestic violence victims to not
report and stay with an abuser, rather than seeking help.
The Office of the Victim Advocate would:
coordinate programs and activities of the military
departments relative to services and treatment for victims;
serve as headquarters program manager for the victim
advocates/victim service specialists authorized by Congress
(Victims' Advocates Programs in the DOD, 1994);
coordinate and navigate services for victims among
military and civilian communities;
evaluate the prevalence of interpersonal violence
among the ranks;
evaluate the programs established by the military
departments providing services to victims of interpersonal
violence;
evaluate the delivery of services by the military
departments;
review the facilities of the military departments
providing services to victims;
review the hotline programs including command and
installation hotlines, National Domestic Violence Hotline
project, and Child Care Child Abuse Hotline;
review disciplinary actions;
establish system accountability standards;
recommend to the Secretaries of the military
departments policies, protocols, and programs to enhance
accessibility of services;
recommend changes to policies and procedures to
address sexual misconduct, assault and intimate partner
violence;
conduct education and training within the military;
develop protocols for accountability of commanders in
response to incidents of violence;
report annually to the Secretary of Defense relative
to an assessment of the current state of affairs within the
military departments related to victims as well as propose
initiatives to enhance the response of the military
departments;
report annually to Congress relative to an assessment
of the current state of affairs within the military departments
related to victims as well as to propose initiatives to enhance
the response of the military departments;
serve or designate a person to serve on the fatality
review panel established by the Secretary of Defense;
conduct training and provide technical assistance to
commands, Family Advocacy Program, victim witness assistance
liasions, commissions, medical personnel, law enforcement,
security forces, and JAG corps; and
conduct programs of public education.
The staff of the Office of the Victim Advocate would consist of:
Director--a person with knowledge of victims' rights,
advocacy, social services, and justice within State, Federal,
and military systems. The director shall be qualified by
training and expertise to perform the responsibilities of the
office.
Victim advocates/victim service specialists--positions
authorized by Congress shall be contracted by and assigned to
the Office of the Victim Advocate. Personnel shall be qualified
by training, certification, and expertise to perform the duties
of a victim advocate/victim service specialists within the
military departments.
Victim witness liasion personnel--shall be assigned to
the Office of the Victim Advocate.
Staff--shall be provided to carry out the
responsibilities of the Office of the Victim Advocate
including, but not limited to, sexual assault nurse examiners,
community liasion, trauma specialist, behavioral specialist, et
al.
The Office of the Victim Advocate would have access to:
Name of a victim receiving services, treatment, or
other programs under the jurisdiction of the military
departments, and the location of the victim if in custody;
Written reports of sexual harassment, sexual
misconduct, sexual assault, spouse abuse, intimate partner
violence, child abuse, and neglect prepared by military
departments;
Records required to maintain the responsibilities
assigned to the Office of the Victim Advocate; and
Records of law enforcement, criminal investigative
organizations, health care providers, command and Family
Advocacy Programs as may be necessary to carry out the
responsibilities of the Office of the Victim Advocate.
The Office of the Victim Advocate would support and:
Establish levels of care and services which mirror
civilian communities, including sexual assault response teams,
sexual assault nurse examiners, domestic violence response
teams, and enlightened criminal investigators;
Establish protocols to provide for the safety of
victims during administrative and criminal investigations,
including protective orders and safe havens;
Reform the UCMJ to expand the definition of rape,
beyond reasonable resistance (by force and without consent),
and age of consent;
Reform the UCMJ to encompass the recent Supreme Court
ruling relative to sodomy;
Reform the Manual for Courts-Martial (MCM) to provide
privacy for victims of sexual and domestic violence (Rule 513);
Reform victim preference within the MCM (Rule 306(b));
Establish a rape shield for victims of sexual violence
within the MCM (Rule 412);
Reform the MCM to preclude the character and military
service of an alleged assailant in cases of domestic and sexual
violence as a factor in disciplinary actions by commanders
(Rosenthal and McDonald, 2003);
Reform the Service Members Civil Relief Act in order
to provide sufficient opportunity for the service and
enforcement of civilian orders of protection;
Establish a registry for the reporting of sexual
assault and domestic violence incidents, disciplinary actions
and military justice outcomes;
Establish a registry for sexual offenders associated
with the military including notification of Federal and State
law enforcement officials;
Adopt a privilege for sexual and domestic violence
victims noting that without confidentiality many victims will
refuse to report an attack, driving the problem
``underground;''
Craft choice for victims when reporting an incident to
a victim advocate, psychotherapist, or chaplain;
Provide transportation to a hospital and/or court, and
any necessary support, to a victim who chooses to receive a
rape kit examination or protection order; and
Training (Hansen, 2004).
CONCLUSION
Women who chose to serve and endure military training, as well as
those who dream of service, deserve a thorough quest for truth,
corrective actions and the establishment of a mechanism to provide for
the safety and protection of victims of sexual and domestic violence
associated with the U.S. Armed Forces. The reestablishment of a zero
tolerance policy is not a sufficient antedotal sign of progress.
Victims remain fearful for their safety and privacy, as well as desire
justice and social change.
On behalf of victims, survivors and the advocates who serve this
special population, thank you for the opportunity to present this
testimony. We have learned much since the establishment of the victim
advocate program within the DOD. The establishment of an Office of the
Victim Advocate will go far toward ensuring the original purpose and
legislative intent of the victim advocate/victim service specialist
program; restoring access to services and treatment; encouraging
victims to seek help; safeguarding victims; and prosecuting assailants.
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Senator Chambliss. Thank you, Ms. Hansen.
Dr. Rau.
STATEMENT OF TERRY J. RAU, HEAD, POLICY AND PREVENTION SECTION,
COUNSELING, ADVOCACY AND PREVENTION BRANCH, NAVY PERSONNEL
COMMAND
Dr. Rau. Good morning, Mr. Chairman and distinguished
members of the subcommittee. I truly appreciate this
opportunity to appear before you to discuss the Navy's SAVI
program.
I'd like to just provide a little bit about my background,
since I think it then provides information for you about what
perspective I come from.
My professional career has been focused primarily in the
areas of family violence. By that, I mean domestic violence and
child abuse and neglect, and, more recently, sexual assault.
Like my esteemed colleagues on this panel, I am dedicated to
fostering cultural and systemic changes necessary to eradicate
these problems in the military and in our society.
Prior to 1993, I worked in the private sector of a large
metropolitan area that's had a relatively progressive approach
to domestic violence, sexual assault, and child abuse. I came
to the Navy for 4 years, providing mental health services,
where I saw victims of sexual assault more than a few times in
my practice, and I worked with them on intervention. I provided
intervention and also supported commands in their efforts to
respond to the sexual assault victims. I was very impressed
with the Navy's efforts in these areas, so I sought a position
at headquarters so that I could be a part of the very exciting
efforts that the Navy was engaging in at the time.
I bring to this the perspective of having worked both
within and outside the military system to prevent assaults,
increase awareness, and respond to these very difficult
situations. I have oversight not only for SAVI but the Family
Advocacy Program, the new Parent Support Program, and clinical
counseling that occurs within our fleet in family support
centers, which, by the way, is unique to the Department of the
Navy.
I work with a staff of very dedicated individuals, who make
it possible for me to do this work. I want to specifically
thank Julia Powell, who is our SAVI program manager at
headquarters. She's worked in SAVI since 1993. She is a
steadfast supporter of the program. She brings the historical
continuity that's important in the military system, and she is
a subject-matter expert in her own right.
My written testimony complements that of Admiral Mullen's
with regard to the SAVI program. SAVI was established to
provide a Navy-wide, comprehensive, standardized victim-
sensitive and oriented system to both prevent and respond to
sexual assault. The program epitomizes the coordinated
community response. It provides a series of overlapping
protocols for all key responders in a sexual assault that I
believe ultimately increases the effectiveness of any one
responder.
The program operates at both the installation and the
command level, which is absolutely essential for success in the
Navy, given our operational tempo (OPTEMPO) and mission. My
written testimony goes on to provide much more information and
detail about how the program is structured and functions, and I
also provide some information about program effectiveness. I
talk some about our efforts with regard to awareness,
prevention, and education, as well as the fundamentals of our
approach, which focuses upon victim support, victim advocacy,
and intervention for those who desire it. I won't repeat that
here, for the sake of time.
I would like to thank you again for this opportunity. I am
looking forward to learning from the other witnesses on this
panel, and from the ongoing dialogue that will be stimulated by
the testimony today. We welcome the opportunity in the Navy to
evaluate where we are with regard to this program and to
identify new and innovative means by which we can pursue
continual improvement of the SAVI program.
Thank you. I look forward to your questions and
recommendations.
[The prepared statement of Dr. Rau follows:]
Prepared Statement by Dr. Terri J. Rau
INTRODUCTION
Mr. Chairman and subcommittee members, I greatly appreciate the
opportunity to share with you my perspective on the Navy's efforts to
increase awareness, prevent, and respond to sexual assault. It has been
my privilege for the past 10 years to work with and for the Navy, as it
tackles this difficult challenge.
I am a clinical psychologist and have devoted my professional
career to understanding and working in the fields of family violence
and sexual assault. I first became aware of the Navy's efforts in these
areas when I began working in military mental health. Having worked for
a number of years within the civilian sector of a metropolitan area, I
was immediately impressed with the Navy's forethought and progressive
policies, practices, and procedures. My respect only grew as I gained
understanding of the sometimes conflicting challenges Navy commanders
face every day. I have only passing knowledge and no personal
experience working for the other military services. However, I bring to
this hearing the perspective of having worked both outside and within
the Navy system to improve our society's understanding of, and response
to, family violence and sexual assault.
I thank you for your leadership and attention to this issue. We
welcome the opportunity in the Navy to self-examine, share information
on lessons learned, and improve our response to sexual assault.
BACKGROUND
It is important that the Navy SAVI program is well-grounded in
current scientific knowledge and best practice. Toward this end, I
believe it is useful to examine what is known about sexual assault in
college populations. Comparisons to the Navy culture and population are
perhaps appropriate in that colleges offer a relatively closed
community of predominantly young people who are experiencing the
freedom and responsibility of adulthood for the first time and who live
in close, often co-educational quarters. Data from the National College
Women Sexual Victimization Study is very informative. This was a
telephone survey of almost 4,500 women attending 2- and 4-year colleges
in 1996. The study used a method similar to the National Crime
Victimization Survey, with the exception of asking more behaviorally
specific sexual victimization screening questions. The results were
striking. The rate of attempted or completed rape was 27.7 per 1,000
college females, a rate about 20 times that of the general population.
Less than 5 percent of college women reported their completed or
attempted rapes to law enforcement and less than half of the women who
were raped by legal standards defined the incident as such. Victims of
attempted or completed rape knew their offenders 9 out of 10 times.
Most of the sexual assaults occurred at night, in living quarters.
Factors that consistently increased the risk of sexual victimization
for these women were: frequent alcohol intoxication, being single, and
prior sexual assault victimization. Assuming that the parallel is not
unreasonable, this data suggests that the military services face
significant challenges in preventing and responding to sexual assault.
PROGRAM AND PROCESS
To complement Admiral Mullen's testimony, I would like to provide
more detail on how the Sexual Assault Victims Intervention (SAVI)
program is structured and functions and then speak to program
effectiveness. Admiral Mullen's written testimony already addresses
current initiatives and program improvements. SAVI was established to
provide a Navy-wide, comprehensive, standardized, victim-sensitive
system to prevent and respond to sexual assault. The program epitomizes
the coordinated community response in that it provides a series of
overlapping protocols between key responders that ultimately increases
the effectiveness of all responders. The program operates at both the
installation and command level, which is essential for success given
the Navy's operational tempo (OPTEMPO) and mission.
At the installation level, the SAVI Coordination Committee
includes, but is not limited to, representatives from medical, legal,
security, Naval Criminal Investigative Services (NCIS), Chaplains, and
the Fleet and Family Support Center (FFSC). The Coordination Committee
is responsible for ensuring that sexual assault issues are addressed
and all first responders are working together effectively as a team.
The SAVI program coordinator is designated by the installation
commander and usually works within the FFSC. SAVI coordinators provide
local program oversight and management, to include administration,
management and supervision of military advocates, providing and
facilitating SAVI/sexual awareness required training to all components,
victim advocate training, and insuring availability of victim
intervention services. All installations are required to provide 24/7
advocacy services for sexual assault victims, either through the use of
trained military volunteers, community sexual assault resources or a
combination thereof. Advocates respond immediately to calls from the
victim, security, medical, chief duty officer, NCIS, or other official
sources. SAVI advocates provide emotional support, assistance, and
information, help secure basic needs, and accompany victims to all
interviews, examinations, or legal proceedings if requested. SAVI
advocates provide assistance to both active duty and adult family
member victims. When requested, professional intervention services are
available for victims through the FFSC, military mental health or
referral to available civilian resources.
With respect to individual commands, the SAVI point of contact
(POC) is designated by the commander to serve as the command's SAVI
expert, implement and coordinate all required command training, and
maintain current information regarding base or community victim
services and resources for command members. In addition to SAVI POCs,
SAVI command representatives are mature, responsible individuals who
are designated by the commander after a sexual assault has been
reported. They serve as a liaison between the victim or their support
system and the command. Command Representatives provide a direct line
of communication for the victim to the command executive level,
enabling victims to voice safety concerns, express preferences and
receive information on the command's response to the assault. The role
of the command representative is generally more supportive and their
responsibilities extend well beyond those of the Command Victim
Assistance Coordinator, whose role is more administrative. All commands
are also required to have a Data Collection Coordinator who is
responsible for collecting and tracking initial, follow-on and final
data regarding all alleged sexual assaults involving either active
duty, adult family members or occurring on Navy property. This
information is forwarded in unit situation reports and is collected
from key responders to avoid revictimization. SAVI required data is
forwarded to headquarters for the purpose of analyzing trends to assess
program operation and guide program development and, as such, does not
contain any identifying information with respect to either the victim
or offender. Maximizing victim privacy is paramount within the SAVI
program. Deploying/afloat commands are encouraged to have trained
military advocates aboard to respond to sexual assaults that occur away
from Navy installation resources. Over 300 deploying commands had
trained advocates aboard this year. Anecdotally, our active duty
advocates often become the most vocal supporters of SAVI. It is
important to note that the SAVI instruction specifically provides
protocols for afloat commands, both when cases are reported in port and
when deployed, as well as commander's guidelines for responding to
sexual assault.
Awareness and prevention education is a key component within the
SAVI program. Training on sexual assault awareness and SAVI is provided
at every initial accession point, throughout the leadership continuum
schools, and during Navy-wide, annual mandatory general military
training. We have specifically taken onboard the college data described
above in developing the mandatory GMT materials for fiscal year 2005. I
have personally briefed SAVI, on a recurring basis, to prospective
commanding and executive officers, Command Master Chiefs and other
senior enlisted. I have generally found them to be receptive and
committed to effective leadership in this difficult area. The FFSC 2002
Leadership Survey clearly indicated that command leadership, at all
levels, recognizes the need for assistance outside the command to
successfully respond to sexual assault. Increasing general awareness
and gaining command leadership support of SAVI requires ongoing effort,
due largely to leadership rotation and accession, but is critical to
program success. SAVI functions most effectively in commands where
strong zero tolerance messages are communicated from the top down,
there is leadership by example, and there are clear expectations with
regard to compliance with Navy standards of conduct and SAVI
requirements.
Although I understand the importance of an effective criminal
justice response to sexual assault, both to enhance empowerment and
resolution for victims and to insure community safety, I am as
concerned with ensuring that there is readily available victim support,
advocacy and, when necessary, professional intervention. Sensitivity to
the sexual assault victim is a strong theme within SAVI and is evident
in Navy policies that:
guard victim privacy by limiting ``need to know''
personnel and providing mechanisms for data collection and
tracking that do not rely on victim identity;
reassure victims that reporting was the right thing to
do while affording them choice with regard to participating in
military law enforcement investigation or reporting sexual
assaults that fall under civilian jurisdiction;
provide multiple avenues to receive information about
their rights under applicable law and the Victim and Witness
Assistance Program; and
consider, if at all feasible, the victim's preference
regarding reassignment if the alleged offender is from the same
command.
PROGRAM EFFECTIVENESS
SAVI is a vital and active program within FFSCs. In fiscal year
2002, FFSCs reported over 107,000 SAVI-related contacts including
awareness and prevention education activities, command consultation,
victim assistance and advocacy, information and referral, GMT, and
command leadership training.
In a 2002 survey of SAVI patrons who received prevention training/
GMT or advocacy services, there were no negative program ratings with
respect to user satisfaction. Outcomes for those who received advocacy
services were particularly striking. Over 95 percent of respondents
indicated that SAVI showed concern for sailors and their families,
while the program contributed to their overall quality of life and
their readiness for 88 percent and 78 percent, respectively. All
respondents who received advocacy services indicated that SAVI helped
them cope at least somewhat with the sexual assault and 88 percent
indicated that it helped quite a lot or more.
Finally, I would like to mention that SAVI has been recognized for
its efforts by several agencies outside of DOD. In 1996, the National
Organization of Victim Assistance presented SAVI with a Distinguished
Service to Victims of Crime Award. SAVI received a Certificate of
Appreciation from the Department of Justice, Office for Victims of
Crime in 1999, in recognition of the program's dedication to victims'
rights.
SUMMARY AND CONCLUSION
While SAVI lays a solid foundation, we recognize that there is
always room for improvement in our efforts to prevent sexual assault
and to offer the best possible support, safety and justice for victims,
their family members and the Navy community. Thank you for holding
these hearings and for your continued support as we pursue this
important challenge. I look forward to answering your questions.
Senator Collins [presiding]. Thank you.
Ms. Tucker.
STATEMENT OF DEBORAH D. TUCKER, EXECUTIVE DIRECTOR, NATIONAL
CENTER ON DOMESTIC AND SEXUAL VIOLENCE
Ms. Tucker. Good afternoon, I believe. Thank you for having
me. All of us are pleased that you have taken the time to look
at these important issues.
I'm speaking to you from the position of the work that we
did on the Defense Task Force on Domestic Violence, and helping
to look at that work and see how it can assist you and the DOD
in relating our recommendations to sexual violence. As Dr. Rau
and Ms. Hansen both already indicated, there are aspects of
domestic and sexual violence, its prevention, and its
intervention, that overlap.
In my testimony, I had so many things I wanted to say to
you that I essentially did a Letterman list and thought of 10
things that I had to be sure to bring to your attention.
Number one is that attitudes about women underlie violence
against women. That is the core of what we have to attack if
we're ever going to eliminate the behavior. The culture shift
that is so critical within the DOD was the number-one
recommendation coming out of the Defense Task Force, of the
almost 200 that we made. Creating a shift in the attitudes
towards women and violence against women will bring about its
eradication.
In addition, I call your attention to the fact that we
specifically talk about sexual violence and sex trafficking of
women, and the military's ability to use the work that we did
to address those important concerns. We provide a core of
principles of intervention, which are things that the military
needs to ask itself as it implements our recommendations or
redesigns programs. Those core principles have validity for
intervention in sexual violence, as well.
There was a lot of discussion this morning about improving
care of victims. The most significant factor for a victim of
sexual assault, in her recovery, is being believed and treated
with respect at the time that she steps forward. We do not need
an in-depth kind of long-term counseling, if, in those first
critical moments, we're treated with empathy.
I've had many conversations over the last month with board
and staff members and other leaders in Wichita Falls. I live in
Austin. It's only 4 hours away. So we share some common
understandings of how things work. A lot of advice was
solicited from me about how to deal with the inquiry at
Sheppard Air Force Base in a professional manner, but, at the
same time, about how to get the military to understand some
critical issues. From listening to this interim report this
morning, I came away realizing that their concerns were valid,
their fear that if they say too much, they'll be seen as
hypercritical, and if they don't say enough, the information
won't reach the people it needs to reach.
Their three concerns that they asked me to share with you,
from First Step and from other leaders in the Wichita Falls
area, is that victim empathy and understanding is probably the
biggest barrier to effective response. Even persons who have
received some level of training on responding to sexual
violence cases tend to ask the kinds of questions of victims
that we've been able to eradicate in most civilian communities
over the last 20 and 30 years. For example, were you drinking?
What were you wearing? Those were the kinds of old-school
strategies being used for trying to understand what it was
about the victim's behavior or environment that she put herself
in that led to her being assaulted.
One of the points I want to be sure and make, on their
behalf and also on behalf of the task force, is that we have
learned that focusing on the victim is not, in fact, an
explanation for the violence, and that we have to look at our
perpetrators and our offenders to understand where the violence
is coming from and what underlying attitudes and beliefs
they're bringing to the situation.
I think the second thing that they wanted me to share was
confidentiality, and this is a very difficult thing for the
military command to understand. Because they have had a system
that they've built where they believe that telling command
everything means that they know about everything, it's hard for
them to understand that the opposite is true. The more that
they do not provide a confidential place for victims to come
forward and get information and support, and for advocates to
assist them with the process, the more victims go underground.
Victims are more comfortable, in many instances, talking to
local domestic violence and sexual assault service agencies
than they are the Government or the DOD employees, because they
know that there is no confidentiality. Our experience in the
civilian world has been that when you offer a confidential
service, and people are received well, given good information
and guidance about what is going to happen should they file a
more formal report, and you are willing to assist them in that
process, they actually are more willing to come forward and
cooperate longer, including with efforts to prosecute the
offender. I urge you to think very carefully about the
recommendations we made about confidentiality.
The third thing that they were concerned about is training
of command, and that command individuals may not realize the
power that they wield as to whether or not something actually
happens in these cases. I know that Senator Pryor asked about
discretion, and that was something that we wrestled with in our
work on the Defense Task Force on Domestic Violence. From a
civilian perspective, we saw that there was a tremendous amount
of discretion. Cases that seemed to have very similar fact
circumstances to us, that looked like you could prosecute that
case in River City didn't necessarily go forward in the same
way. The deciding element would be the commander's position as
to how to handle that matter. We even broached the subject of
doing away with the UCMJ as it relates to violence against
women. Much has been done in some installations where drug
abuse and alcohol offenses are all handled by local civilian
authorities in order to remove that command role and
responsibility.
What the 12 military members of the task force assured us
is that they were capable, willing, and would take on these
incredible issues, and that they understood that ending
violence against women, and even ending sexism, was just as
fundamental to the success of the military services as ending
racism, and that they had to face this head-on. They agreed
that, in the next few years, we would be able to see, as they
implemented new programs and new strategies, that offenders
were, in fact, held accountable, and that a culture and
attitude shift occurred. It hasn't happened yet, and it takes
your continued interest and encouragement, I think, for these
things to remain in the forefront.
Obviously, our military is called upon in many ways. As
George Casey indicated, we're in 47 countries right now. There
are tremendous demands. Even so, I firmly believe that these
are our sons and daughters. We do not want to find out that our
sons have raped. We don't want to know that our daughters have
been violated. We must put these things at a priority, as well,
and remain vigilant.
I'm surprised and pleased by Ms. Hansen's recommendation. I
think it's worthy of consideration, and an Office of Victim
Advocacy would dovetail very nicely into the recommendations
that we made for improving victim advocacy. At the same time,
if you look at what we recommended, we said, right after victim
advocacy, you have to change your whole way of intervening and
holding the offender accountable.
I would also urge you to help the DOD access civilian
resources in dealing with sexual violence. Part of the reason
that I think there is great validity to what we recommended in
our Domestic Violence Task Force is that both military and
civilian had to massage, argue, arm-wrestle, and otherwise come
to a consensus, which is not a typical style of decisionmaking
within the military, but they, in fact, agreed that we would
operate by consensus. None of the recommendations were made
without universal support that they were valid. There are a lot
of civilian resources, some that have gone to work in the
military, as Dr. Rau has, and some who are on the outside who
are more than willing to be of assistance.
I am here to say to you, there has been 3 years of hard
work and there are a lot of recommendations that we made that
have immediate relevancy to the issues of sexual violence
affecting our service members.
Thank you.
[The prepared statement of Ms. Tucker follows:]
Senator Chambliss. [presiding]. Thank you, Ms. Tucker.
Dr. Mather.
STATEMENT OF SUSAN H. MATHER, CHIEF OFFICER, OFFICE OF PUBLIC
HEALTH AND ENVIRONMENTAL HAZARDS, VETERANS HEALTH
ADMINISTRATION
Dr. Mather. Thank you.
Mr. Chairman and members of the subcommittee, I'm pleased
to be here today to report the programs of the VHA addressing
military sexual trauma.
I ask that my full statement be included in the record.
The VHA has been aware of the issue for women since at
least 1991 through research done at the VA Center for Post
Traumatic Stress Disorder (PTSD) and through congressional
testimony of women veterans. The VA staff at the Vet Centers
and in-treatment programs for PTSD were also receiving reports
from female patients of rape and other sexual abuse while
serving in the military.
We operate on the principle, as is noted by the National
Victims Center, that approximately only 16 percent of rape
cases are ever reported, and that rape is generally agreed to
be an under-reported crime in both the military and civilian
life.
In 1992, Congress authorized the VA to provide counseling
services to women veterans to overcome psychological trauma,
which, in the judgement of mental health professionals employed
by VA, resulted from physical assault or sexual harassment that
occurred while the veteran was serving on active duty.
In 1994, Congress amended that treatment authority to
include men as well as women, to include appropriate care and
services for an injury, illness, or other psychological
condition that resulted from the sexual trauma, and to require
the coordination of care and services furnished to the veteran
under this authority.
These provisions made screening of patients for sexual
trauma extremely important because survivors of sexual trauma
often do not seek mental health services, but present to
primary-care or other providers with a variety of physical,
emotional, and behavioral symptoms, such as gynecological
complaints, headaches, eating disorder, anxiety, depression, or
poor self-care.
The VA has developed an extensive program to address
military sexual trauma. The key components are awareness,
education, outreach, sensitivity training, screening, and
treatment. An educational program to train primary-care and
other practitioners about the prevalence, screening referral,
and treatment for military sexual trauma is ongoing. Video
teleconferences have been aired. Written material is available.
Most recently, a Veterans Health Initiative Module is available
as a Web-based training program and in-print media.
The VA has published brochures to alert veterans and staff
to the programs available for counseling and treatment, and
information is available on a variety of Web sites. Women can
access services through the Women Veterans Program manager. We
feel this ability to contact a woman within the healthcare
system is an extremely important issue. These program managers
seek to make VA facilities, which are very masculine,
comfortable, and welcoming to this special cohort of veterans.
Also, veterans who receive treatment under VA's Sexual
Trauma Treatment Authority receive free outpatient pharmacy
services. In addition, neither enrollment nor payment of
copayments is required for the care for furnished under this
authority.
In 1997, the VA sent letters to approximately 400,000 women
veterans to advise them about the VA's sexual trauma services
and to give them the VA's toll-free number so that they could
contact the Veterans Benefits Woman Veterans Coordinator to
access care. There again, their contact is with a female. The
Veterans Benefits Administration (VBA) also has a program to
assist those who experience military sexual trauma to apply for
compensation.
In 1998, the General Accounting Office (GAO) testified
about the VA's efforts to respond to the challenge of providing
sexual trauma counseling. The GAO testified that it found that
the total number of women receiving sexual trauma counseling at
VA Medical Centers and Vet Centers increased by 230 percent
between 1993 and 1997, and that patient satisfaction with that
counseling was high. The VHA fully implemented the reporting
system to monitor screening for military sexual trauma (MST) in
March 2002. Between March and October 2002, 1,761,591 veterans
were screened for MST; 90,000 of these veterans were women. One
and one-third percent of the men, and 21.6 percent of the women
reported that they had experienced military sexual trauma.
While 1 in 5 women, and only 1 in 100 men screened reported
such experience, almost half the numbers of those reporting
military sexual trauma are men because of the heavy
preponderance of males in the veteran population. These
statistics show that military sexual trauma is not just a
woman's problem in our population.
More detailed tracking of military sexual trauma care and
treatment has been a challenging project, because veterans do
not always report the sexual trauma early in their mental
health encounters, and the treatment is often coded as
treatment for the resulting symptoms or disability, such as
depression or PTSD.
Focused studies, such as the evaluation of the four women's
veteran stress disorder treatment teams conducted in 2002,
however, have indicated that women veterans treated on the team
show a significant improvement, specifically for PTSD,
violence, medical conditions, overall adjustment, quality of
life, and perceived impact of their illnesses on social
functioning.
Caring for the men and women who have experienced sexual
trauma while serving their country in the military is a serious
mission for the VHA. We are committed to screening all patients
and getting the message out to those who are suffering the
consequences, that they are not alone and, more importantly,
that help and treatment are available.
Thank you for inviting me and allowing me to share what the
VA is doing to treat patients who have experienced military
sexual trauma.
[The prepared statement of Dr. Mather follows:]
Prepared Statement by Dr. Susan H. Mather
Mr. Chairman and members of the subcommittee, I am pleased to be
here today to report on the programs in the Veterans Health
Administration (VHA) addressing military sexual trauma (MST).
The VHA has been aware of the issue for women since at least 1991
when there were reports of sexual abuse among women who served in the
Gulf War. Jessica Wolfe, who was then working at the Veteran's
Administration (VA) Center for Post-Traumatic Stress Disorder (PTSD),
reported that 8 percent of the female Gulf War veterans that she
surveyed reported attempted or completed sexual assault during their
deployments. In July 1992, one woman veteran testified at a Senate
Veterans Affairs Committee (SVAC) hearing about her experiences in the
Gulf War and other women told of sexual abuse from earlier eras. Even
prior to these hearings, VA staff at the Vet Centers and in treatment
programs for PTSD were receiving reports from women patients of rape
and other sexual abuse while serving in the military. Following these
hearings, the U.S. Army released statistics indicating that 26 women
had reported rape or other sexual abuse during service in the Gulf War.
It is important to note that the National Victim Center has estimated
that only 16 percent of rape cases are ever reported, and it is
generally agreed that the crime is underreported in military, as well
as civilian life.
In 1992, Congress passed Public Law 102-585, which authorizes VA
the authority to provide counseling and other services to women
veterans to ``overcome psychological trauma which, in the judgment of
mental health professionals employed by the VA resulted from physical
assault or sexual harassment that occurred while the veteran was
serving on active duty.'' In 1994, Congress amended that treatment
authority to include men as well as women, to include appropriate care
and services for an injury, illness, or other psychological condition
that resulted from the sexual trauma, and to require the coordination
of care and services furnished to the veteran under this authority.
These provisions made screening of patients for sexual trauma extremely
important because survivors of sexual trauma often do not seek mental
health services but present to primary care or other providers with a
variety of physical, emotional and behavioral symptoms such as
gynecologic complaints, headaches, eating disorders, anxiety,
depression, or poor self care.
The VA has developed an extensive program to address MST. The key
components are awareness, education, outreach, sensitivity training,
screening, and treatment. An educational program to train primary care
and other practitioners about the prevalence, screening, referral and
treatment of MST is ongoing. Video teleconferences have been aired,
written material is available, and most recently, a Veterans Health
Initiative module is available as a web-based training program and in
print media. I am particularly proud of the Quick Reference Guide, a
brief synopsis in a pocket manual format to help clinicians better
serve their patients who have experienced MST, which is part of that
module. The VA has published brochures to alert veterans and staff to
the programs available for counseling and treatment, and information is
available on a variety of Web sites including the Women Veterans Health
site, the National Center for PTSD's site, and a number of VHA network
web sites. Women can access services through the Women Veterans Program
Manager at each VA facility. These program managers seek to make VA
facilities comfortable and welcoming for this special cohort of
veterans.
Also, veterans who receive treatment under VA's sexual trauma
treatment authority receive free outpatient pharmacy services. In
addition, neither enrollment nor copayments is required for the care
furnished under this special authority.
In 1997, in its efforts to reach those who may have experienced MST
and advise them about VA's services, VA sent letters to approximately
400,000 women veterans that advised:
``. . . We know that a number of women veterans experienced sexual
trauma while serving on active military duty. While some of them have
sought counseling and treatment, many have never discussed it with
anyone. They are very uncomfortable talking about it or even wonder if
they can, or if it would matter. Unfortunately, this is a common
reaction to sexual trauma.''
The letter also explained that counseling and treatment are
available and provided VA's toll free number so that veterans could
contact a Veterans Benefits Women Veterans' Coordinator to access care.
In 1998, the U.S. General Accounting Office (GAO) testified before
the Subcommittee on Health of the House Committee on Veterans Affairs
(HVAC) about VA's efforts to respond to the challenge of providing
sexual trauma counseling. GAO testified that it found that the total
number of women receiving sexual trauma counseling at VA medical
centers and Vet Centers increased by 230 percent between 1993 and 1997.
GAO also found patient satisfaction to be high. They recommended that
VA continue to evaluate the effectiveness of the program.
Since 1999, VA initiated an automated system to track when MST
services are provided, and in the year 2000 MST coordinators were
appointed to assure proper usage of the software and proper input of
data. The Veterans Benefits Administration (VBA) also has a program to
assist those who experienced MST to apply for compensation.
VHA fully implemented the reporting system to monitor screening for
MST in March 2002. Between March and October 2002, 1,761,591 veterans
were screened for MST; 90,075 of these veterans were women. One and
one-third percent of the men and 21.6 percent of the women reported
they had experienced MST. The statistics for fiscal year 2003 show 0.93
percent of men and 19.03 percent of women reported they had experienced
MST. Fiscal year 2004 data indicate 1.18 percent of male veterans and
20.69 percent of females report experience with MST. This shows that a
large percentage of women veterans who seek care in VA bear a heavy
burden of sexual trauma. Also, while 1 in 5 women and only 1 in 100 men
screened report that they have experienced MST, almost half of the
numbers of those reporting MST are men because of the heavy
preponderance of males in the veteran population. These statistics show
that MST is not only a women's problem in VA's patient population.
VA plans to do additional detailed tracking of MST care and
treatment, but it has not been implemented across the system. This is a
challenging project because veterans do not always report the sexual
trauma early in their mental health encounters, and the treatment is
often coded as treatment for the resulting symptoms or disability such
as depression or PTSD. Focused studies, such as the evaluation of the
four Women Veterans Stress Disorders Treatment Teams (WSDTTs) conducted
in fiscal year 2002, have indicated that women veterans treated in the
WSDTTs showed significant improvement, specifically for PTSD, violence,
medical condition, overall adjustment, quality of life and perceived
impact of their illnesses on social functioning. These results are
comparable to those of male veterans treated for PTSD in PTSD Clinical
Teams, and, like their male counterparts, most female veterans improve
by the fourth month of care.
Caring for the men and women who have experienced sexual trauma
while serving their country in the military is a serious mission for
the VHA. We are committed to screening all patients and getting the
message out that those who are suffering the consequences are not alone
and more importantly that help and treatment are available.
Thank you again for inviting me and allowing me to share what VA is
doing to treat veterans who have experienced MST.
Senator Chambliss. Thank you very much, Dr. Mather, as well
as each of you, ladies. We appreciate your testimony very much.
Ms. Hansen, you made a recommendation relative to this
office that I assume would be Service-wide. You all heard our
inquiry to the previous panel about trying to reach some sort
of standardized arrangement relative to the treatment of sexual
assault cases. I'd just be curious in your comments. Dr. Rau, I
know you already have something established at the Navy that
you all feel comfortable with, as does everybody else. It looks
like you may be a little further along than maybe the other
Services are. However, I'd like for all of you just to comment
on that, as to what you think about some sort of standardized
procedure. I do not need to know what it would look like
necessarily, but is this the type of thing that would make our
female members of the service feel better.
Ms. Hansen. Senator, standardized care and treatment and a
response or intervention approach would provide some safety and
comfort level for the victims and survivors, and would also
provide some indication to a potential assailant as to what may
follow disciplinary-action-wise.
The reason I suggest that is that we have seen, with the
cases in Iraq, Kuwait, and Bahrain, in particular, that the
victim may be from one Service, and the alleged assailant from
another. The victim is not certain what the response will be of
the other Service, but may be familiar, say, with what the
Navy's response would be, for example. We think that would
provide additional information, as well as that comfort level I
mentioned, if there was some standardized treatment and care
throughout the Services.
Senator Chambliss. Okay.
Dr. Rau.
Dr. Rau. I also agree with Ms. Hansen, in that I believe
that a standardized approach to victim advocacy and support is
certainly warranted, and there is certainly a huge amount of
data from the civilian response with regard to the issue.
In the Navy, we respond to domestic violence advocacy and
sexual assault advocacy through different channels and
programs. In the SAVI program, one key component is that we
have a very active victim advocate program at each installation
through trained military volunteers, through the use of
civilian advocacy resources in the community, or through a
combination of both. Now, this arrangement for the Navy is
absolutely essential, because we want to be able to provide
advocacy services regardless of whether the ship is at port at
their home port, in port at another Navy installation, or even
out in the middle of the sea.
Senator Chambliss. That was really my next question. I
think this is so critically important.
Dr. Rau. Go ahead, sir.
Senator Chambliss. You heard my question to General Casey
about the one case that I'm familiar with where there was
constant movement between the victim, the alleged assailant,
the prosecutor, the counselor, and the command.
Would you talk a little bit about that while you're talking
about this right now, relative to in-port and out-of-port?
Dr. Rau. Certainly. In the Navy instruction and
requirements, when a ship is in any Navy port, they, of course,
will rely heavily on the available services that are available
through the installation or through partnership agreement out
in the community, both for providing advocacy as well as
providing intervention for those victims who want something in
addition to the advocacy services. However, when a ship doesn't
have ready access to that, again, we strongly encourage every
afloat or deploying command to have at least one trained
military advocate aboard. I'm very pleased to report that, in
this past fiscal year, we have at least 320 afloat and deployed
commands that do have trained military advocates aboard.
Anecdotally, it's also a very important point that our
trained military advocates become some of our most vocal
supporters of the program. So at the same time, we also have
other key responders within each command who have certain key
roles and responsibilities with regard to the sexual assault
response, regardless of whether that sexual assault occurs in
the United States, outside the United States, or at sea. We
have points-of-contact that are the experts about the SAVI
program. When there is a sexual assault victim, every command
has a command representative who's specifically liaisons
between the victim and the command executive level. They are
there to ensure that victim safety and protection is the
primary priority for the command. They also provide information
to the victim on their rights as a victim, and they also
provide information to the victim about what command actions
are being taken. They communicate from the victim to the
commanding officer. They have a direct line of communication
with the commanding officer so that the commanding officer
knows what the victim's preferences, needs, concerns, and fears
are. Again, we are able to take the program on the road, which
is a very important thing for us to do within the Navy.
I hope I began to get at what you were asking Mr. Chairman.
Senator Chambliss. Ms. Tucker.
Ms. Tucker. In our work, we recommended a number of
protocols. We devised protocols for advocates, for command, for
law enforcement, and for those staff doing intervention and re-
education with offenders. We recommended that other protocols
might be needed for healthcare, chaplains, and other
professionals, who have a role in both responding and
preventing these kinds of incidents.
I think an Office of Victim Advocacy is a good idea, in the
sense that it elevates what, for some services, is a new
player. The victim advocate is not new in the Marine Corps, and
it's not new in the Navy, but it is a newer role being played
in the other two. An advocate, by definition, is the person who
speaks for and represents the interests of another person in a
situation. That means they have to have the respect and the
power to speak up to command and to gig law enforcement who's
not following up on investigation, to get that forensic
evidence out of a medical institution that's part of all these
players that might have pieces of the picture so that command
has available to them everything.
I see two reasons why it makes sense. One is to elevate
that position and to clarify that the victim advocate is a
player at the table, with the same level of responsibility to
support something getting done. Helping the victim and holding
the offender accountable is powerful.
I grew up in an Air Force family, and I sort of thought
that the Services are much more hierarchical than they truly
are. As a civilian working with them over the last 3 years,
I've learned that there is a lot of individual discretion in
many different situations from base to base, from Service to
Service, and from command to command.
When General Casey was at Fort Hood years ago, he did an
excellent job on domestic violence. I would have to say that
the man who came after him was very concerned about drunk
driving, and did an excellent job on that. Essentially, the
whole domestic violence intervention program at Fort Hood went
away. That's a very blunt way of saying, standardizing begins
to ensure that this issue and responding to it remains a
priority regardless of who happens to be the installation
commander.
Senator Chambliss. Dr. Mather, any comments?
Dr. Mather. Well, I think people who are in distress need
advocates, so the stronger you can make that advocacy for
someone who's probably in the ultimate distress, a rape victim
who survives the better. I think evidenced-based protocols have
been shown to improve the standard of care in any care
community, whether you're talking about diabetes, depression,
or recovery from sexual trauma. I'd also like to put in a plug
for education. I think advocates can be very important in
educating the culture in which they work. Advocates can educate
them to the point that perhaps more therapeutic, where their
response to rape is, ``What a terrible thing to have had happen
to you?'' Instead at, ``How in the world did that happen?'' The
latter puts the onus on the victim, whereas, ``What a terrible
thing to have happen to you,'' as a first response, says
something which I think everybody would agree to.
Senator Chambliss. Ms. Hansen, there's general consensus
that there have been 80-plus incidences of sexual assault in
the current conflict in Iraq and in that part of the world. I
believe you said 68 of these ladies have contacted your
organization. I think I know what your answer is, but I want to
get it in the record as to why you think these ladies contacted
you, as opposed to going through the chain of command within
their respective branches?
Ms. Hansen. First, Senator, I'm not certain of the level of
overlap between the reported cases to our office, as well as
the reported cases to the military. I can speak to the fact
that 13 of our 68 reported cases did report to military
commanders, or auspices within the military.
I would also like to note that our initial contact may have
been through a family member, either a mother, a father, a
sister, or a husband who reported this initially, and we
subsequently followed up directly with the victim.
In that regard, I believe that, number one, it's the issue
of privacy and confidentiality that affords them the desire to
come forward and to speak with our office so that we can secure
services as well as support for them. I also think there is a
significant level, if you will, of the fear of career impact.
Within our office, our demographics differ from that within
the Service branches. I noted that Dr. Chu talked about those
who have recently finished basic training. Demographic
characteristics of our population, both the intimate partner
violence survivors as well as the sexual assault survivors,
predominantly are associated with NCOs, senior NCOs, and
officers. Predominantly in the cases we have seen in Iraq,
Kuwait, and Bahrain, they have been female officers reporting
these incidents to us.
The other issue that we believe brings them forward to our
office is their availability and accessibility to resources,
which may be more extensive than other enlisted personnel.
Thus, they avail themselves of our services.
Senator Chambliss. Thank you.
Senator Nelson.
Senator Ben Nelson. Ms. Hansen, I noticed that, during the
other panel, the reference was typically to a female victim.
Ms. Hansen. Right.
Senator Ben Nelson. However, Dr. Mather says that a lot of
the victims are male, and so it may be fallacious to assume
that most of these are heterosexual victim situations. There
were very few references to men.
Ms. Hansen. Yes.
Senator Ben Nelson. These references were made very
casually, not recognizing or identifying that many of these who
came through the Veteran's Office are obviously male victims.
Do you have any thoughts about why that may be the case?
Ms. Hansen. We have seen male veterans and male active-duty
members come forward to our office to request services,
information, and support, as well. Within the military
departments, I believe their percentage levels are at about 1
percent.
Senator Ben Nelson. Right.
Ms. Hansen. I do believe that there are active-duty males,
as well as veterans, who have experienced MST.
Senator Ben Nelson. Under-reporting?
Ms. Hansen. Yes. I think that it may be related to culture.
There are a number of reasons that there may be under-reporting
or that underground type of issue.
Senator Ben Nelson. I see.
I was surprised by your statement that a significant number
of victims are female officers and NCOs and I think you just
reconfirmed it. Do you have any idea why it would relate to
officers, as opposed to enlisted personnel?
Ms. Hansen. I think in regards to accessing services in our
office, they may actually have more resources available to them
or to discover and avail themselves of resources. I think,
also, it is directly related to that fear of adverse career
impact, and that our office, because of the statutes, etc., is
guided by our professional and ethical standards. We provide
them privacy and confidentiality until such time that they wish
to come forward.
Senator Ben Nelson. Have you been able to determine whether
there's any difference in reporting, varied by Service? Is
there one Service where there might be more reluctance to make
a report than in another Service?
Ms. Hansen. Senator, I can actually break down that 68
cases for you, Service-wide. I cannot do it State by State
because of the issues of State of origin, and the State in
which a duty station would be, et cetera. However, Service-
wide, 26 cases reported related to the Army, 18 to the Marine
Corps, 16 to the Air Force, and 8 to the Navy.
Senator Ben Nelson. Is there any reluctance based on which
Service a victim might be in? In other words, are members of
one Service more likely to report, while others are more likely
not to report?
Ms. Hansen. What we've actually seen in regards to that, as
I mentioned to Senator Chambliss, is that overlap, where the
victim may be in one Service and the alleged assailant is in
another. We see that causing great consternation for the victim
about coming forward, reporting, seeking services, seeing what
is and isn't available, and what the response, potentially, of
the command of the alleged assailant would be.
Senator Ben Nelson. Okay, thank you.
Ms. Hansen. You're welcome.
Senator Ben Nelson. Dr. Mather, in your review of veterans
reports and providing the care for veteran victims, have you
any indication why there may be fewer male victims reporting at
the time of the incident, as opposed to later, following their
veteran status?
Dr. Mather. ``Why'' is a difficult question, because it
probably differs for every individual.
Senator Ben Nelson. Have you been able to find any common
trend among them?
Dr. Mather. We have some indication, because the first men
we became aware of were people who came to the women veterans
counselors because they knew about rape, and they were afraid
to go to anybody else. Since there's a common misperception,
and misinformation out there, that rape victims ``ask for it,''
many women don't report, not because they're afraid for their
career, but because they're ashamed. They feel shame by this,
because they feel that somehow they brought this on. Think
about how that affects women, think of the effect it would have
on men, if somehow they were a ``come on,'' or that they
somehow brought on. To me, it's a very noxious thought, but
it's out there in society, that somehow they ``ask for it.''
They're afraid that not only will they be labeled a rape
victim and not able to defend themselves, but also maybe gay.
There is a great deal of shame involved. This is not something
that anybody ever asked for. You never ask to be violated or
attacked or raped. That's part of the educational process that
needs to go. I think of them as patient survivors. They are
victims, but that's not a therapeutic concept, for me,
personally.
Senator Ben Nelson. Well, thank you. Thank you very much.
Thank you, Mr. Chairman.
Senator Chambliss. Thank you.
Senator Pryor.
Senator Pryor. Thank you, Mr. Chairman.
Dr. Mather, if I can start with you, I must note that the
previous panel was all men. [Laughter.]
This panel is all women.
Dr. Mather. You noticed.
Senator Pryor. I don't think that's by coincidence. I
remember when I was the Attorney General (AG) of my State. I
wish Senator Cornyn was here, because we served the same time
as AGs of our respective states, and we did a lot of sexual
harassment/sexual assault cases that we had to deal with on
behalf of State government. But one thing that I noticed in
some cases, but certainly not all--I don't mean this as a
disparaging comment toward the previous panel at all. Please
don't misunderstand it. I noticed that men just don't ``get
it.'' They just don't get it. They just don't understand what
some women in the workforce have to face. I don't want to go
into some of the details of our cases that we dealt with, but
it was clear in a few of those cases that, absolutely, the men
just didn't get it.
Also, one thing that you talked about, Dr. Mather, which I
think is important, is that women like to report these issues
to women. I think there's a real human reason for that. I don't
think that's rocket science. I think there are real reasons for
that. I just wonder, Dr. Mather, in your view, if we have
enough women involved in the system in strategic places where
these incidents can be reported in a circumstance that women
can report to women. Is that one of the problems that we have
in the military?
Dr. Mather. Well, I don't know about the military, but
certainly we've found it to be helpful in the VA to have women
available who can talk. They aren't always able to refer to
other women, but they can accompany the veteran. One of the
things that we teach is that there are certain procedures, such
as endoscopies or pelvic examinations, that even many years
after the rape are very threatening. We only have a male
gynecologist, and we talk about that with the patient, and
offer to accompany them to the appointment knowing that it's
possibly going to be re-traumatizing. We've at least had women
available in that setting.
Sometimes we have problems referring to women providers.
Fortunately, there are many women psychologists, and the VA is
considered a good place for psychologists and social workers to
work, so we can usually manage that. Many of our chaplains are
also, increasingly, women.
It sometimes takes a little creativity on the part of the
coordinator and the women veterans health program manager. It's
amazing, talking about leadership and the importance of an
individual in a VA medical center, the importance of one
individual to get things done and to make things good for
patients can't be underestimated.
Senator Pryor. Am I being oversensitive in my concern?
Dr. Mather. No, you can't be oversensitive.
Senator Pryor. But am I being oversenstitive in my concern
about having women strategically placed there, where they're
available and accessible?
Dr. Mather. I'm not sure you can be. We have women veteran
coordinators or program managers for our women veterans health
program, because in the VA women are 6 percent of our
population.
Senator Pryor. Right.
Dr. Mather. We have to be sensitive to that. The problem
with mandating that it be a woman is that you can always find,
in any medical center, or probably in any societal institution,
as negative a woman as you want. Therefore, mandating doesn't
always solve the problem. Cultural change is what solves it.
Senator Pryor. Dr. Rau, since you're with the Navy, can you
comment on that?
Dr. Rau. Certainly. Within the SAVI program, we are
sensitive to the issue of gender in the response. The
requirements are to specifically have advocates of both male
and female gender and to allow victim preference with regard to
the gender of the advocate. I think it's important to be sure
that we allow victims preference in as many of these things
that we do and how we respond. Victims seem to respond in a
myriad of ways to these events, and allowing them to voice
their preference is a very important point.
I will also say that the majority of our program
coordinators, who function at the installation level, work
within Fleet and Family Support Centers (FFSCs), and, as you
see in the panel here, the majority of them are female, as
well.
It is important, though, to have male advocates in the
system, because we do have reports of male victims that do come
to our attention at headquarters, at about a rate of 8 percent
annually. Again, it's important to look with regard to both
genders in the response.
Senator Pryor. Okay.
Ms. Tucker, I think in your comments a few moments ago you
mentioned the UCMJ, and I had asked the previous panel about
whether they felt like there should be some revisions there or
at least whether they should look at the UCMJ and see if it's
time to do an update. I'm sorry, I didn't completely get your
comments, but do you think we should look at the UCMJ and
possibly revise it?
Ms. Tucker. What I was trying to explain is the process
that we went through in the task force. We argued about this
into the wee hours of the morn on many occasions during the
course of events. Military folks would always come down on the
side of, ``Command discretion is necessary, and we still need
this level of authority over the people that serve with us.''
Civilian folks would almost universally say, ``We don't get it.
We don't see why these offenses can't be adjudicated within
local authorities and dealt with as crimes, separate from the
military system.'' So we came from those very different points
of view. What we agreed was that we would give them 2 years, to
try to show us a significant change in their education,
command, training, and accountability systems. How do we know
that Commander A in Company B actually responded at all to a
sexual assault or a domestic violence case in a way that is
appropriate if the command above that person isn't monitoring
and looking for that as an element of command performance?
It was our agreement that, rather than recommending that we
do away with the UCMJ in relationship to domestic and sexual
violence or crimes of this nature and have a civilian response,
they would put every bit of energy they could into
demonstrating to us that they could handle this duty well and
that command discretion would not cover command ignorance, and
that command discretion would be appropriately applied for in
those instances where you have an offender who's potentially
salvageable or who has not engaged in the level of violence
that warrants an immediate court-martial. There are cases that
have this opportunity for people to change, and if people are
going to change when they belong to some organization that they
take pride in and they want to be part of, then I think we
should try, but not over and over and over.
Command discretion becomes very disturbing when it's the
third incident or the fifth incident, and the person is still
not receiving any kind of response that's serious enough, nor
is the commander above that person saying, ``What a minute,
you're not exercising appropriate judgement on these cases.''
Senator Pryor. That dovetails into my comment a few minutes
ago. I've experienced some people that just don't get it, they
just don't see it. You know?
Ms. Tucker. Exactly.
Senator Pryor. If you have one person that has a lot of
discretion, but who just doesn't understand it, and doesn't
comprehend it, it just may end up perpetuating very bad
circumstances in the command. That's something that I'm anxious
just to continue trying to find a balance.
Mr. Tucker. Right.
Senator Pryor. Mr. Chairman, I have one last question for
Dr. Rau. Someone at least mentioned some of the incidents that
have happened over in and around Iraq. I can't remember if it
was you, Dr. Rau, who had those statistics. Do we see more
sexual assaults and incidents related to sexual misconduct in-
theater, so to speak, during a deployment? Do we see more of
that during a deployment, statistically, or is it kind of the
same in both a deployed situation and for lack of a better
term, peace-time situation? What are the numbers on that, do
you know?
Dr. Rau. Our sense, from the reports that we receive at
headquarters in SAVI, is that, in actuality, the majority of
the sexual assaults occur in-port, off-base. We do know,
though, at least for those reports that we receive that a
preponderance of the assaults do constitute blue-on-blue
assault.
Senator Pryor. Wait a minute. When you say ``in-port, off-
base,'' tell me what you mean by that.
Dr. Rau. I mean they occur while the ship is in port.
Senator Pryor. Over there.
Dr. Rau. Or even in the United States.
Senator Pryor. Okay.
Dr. Rau. When they do occur, they occur off base.
Senator Pryor. Okay.
Dr. Rau. Now, our circumstances, in terms of the particular
theater of operation, OIF, is unique in that while we certainly
have ships deployed to the Persian Gulf, we don't have a huge
number of Navy forces on the ground.
Senator Pryor. Right.
Dr. Rau. It's not surprising to me that, of those assaults
that Admiral Mullen referred to earlier, the majority of those
occurred in Bahrain, where we have the largest concentration,
on the ground, of Navy forces.
Senator Pryor. Okay.
Mr. Chairman, that's all I have. Thank you.
Senator Chambliss. Thank you very much, ladies. Well, this
has been very enlightening. We made a conscious decision to
have you here, as opposed to having victims come and testify,
because we felt like you certainly would represent the thought
process that brings victims in to see you. You have given us
exactly the kind of explanation that I think we need. I would
say to you, as you heard my comment to the previous panel, that
we're not leaving this here. This is only the beginning of
where we expect this to go, and we may not totally resolve this
during the tenure of any member of this subcommittee, because
it may be that long an ongoing process.
Just as we will stay in touch with every branch of the
Service and the previous individuals, we'd like to stay in
touch with you and have you feel free to contact us relative to
any significant changes, good or bad, that you see may be
taking place. As we move forward with additional hearings, we
may very well want to bring you back for any updates or get
your opinions regarding the way that changes that are being
made are perceived, and if they're the proper things that need
to be done.
I thank you for your very professional service that you
give to both the civilian world, and in this case,
particularly, the world of the military.
I did not know she was here, but a family member of one of
the victims, Barbara Wharton, is here. Ms. Wharton's daughter
is the example that I used earlier. I just happened to pick
that case as being one of the situations involving the movement
of individuals and the problems that it causes.
Ms. Wharton, I will insert your statement in the record,
and it will be a part of this record.
[The prepared statement of Ms. Wharton follows:]
Prepared Statement by Barbara Wharton
Dear Under Secretary, Generals Casey, Nyland, Moseley, Admiral
Mullen, Doctor, and ladies: Thank you for holding this important and
timely hearing on sexual assault in the military. I appreciate the fact
that this subject has come to your attention, particularly since my
daughter, a sergeant in the U.S. Army, has experienced a brutal sexual
assault, and to date, there has been no obvious direction in the
military's response. Her unit, the Stryker Brigade, also known as the
3rd Brigade, 2nd Infantry Division, was trained at Fort Lewis,
Washington. There are about 310 women in a brigade of about 5,000
soldiers.
I regret that active-duty women are unable to participate directly
in this hearing, and I would like to take the opportunity to share a
civilian mother's perspective in this venue.
My daughter was one of the 37 service women who were sexually
assaulted and reported to authorities from the end of 2003 to early
2004 at the Udairi base 7.5 kilometers from the Iraqi border. She was
knocked unconscious on November 28, 2003. She was on guard duty to
protect not soldiers, but parts in the military's High Mobility
Multipurpose Wheeled Vehicles (HMMWVs). She went off guard duty at 2:30
a.m. and went to a water closet at the other end of the base. She felt
a strong blow at the head and lost consciousness. When my daughter
regained consciousness she felt she was blindfolded, had a gag in the
mouth and a noose around her neck. Her hands were tied fast. A man who
assaulted her cut her clothes with a knife and she felt a steel knife
touch her body and bleeding wounds. She remembered that his face was
covered with a mask.
When she put up resistance she heard an American voice telling her
to shut up, then received another blow in the face and lost
consciousness completely. When she came to, she was alone on the
ground. She was found by another soldier, who covered her with his
clothing, and helped to take off the restraints. In several minutes,
the woman met the commanders. She was sent to a hospital where doctors
confirmed she had been raped. However, at that time my daughter was
rendered no medical aid, despite head injury, leg injuries, and cuts.
``This brigade's overall focus is getting ready for Iraq,'' Colonel
Piek told The Tacoma News Tribune November 30, 2003. ``That does not
diminish the seriousness of the alleged crime. . . . But it's not the
kind of thing we need to be dealing with just a short time before we go
north.'' As a result of this story, Susan Avila-Smith, Director of a
Seattle-based veteran's advocacy group, Women Organizing Women, an
organization which has experience with military sexual trauma (MST), e-
mailed the reporter who was embedded with the Stryker Brigade. She has
been our only source of support and advice in getting more accurate
information and help for my daughter. This woman has warned me, ``Do
not focus on justice here, it is a waste of time; focus instead on what
you can do for your daughter.''
My daughter's husband tried to send a message to her through Fort
Lewis' Army Family Advocacy Program contact with the Red Cross on post.
The Red Cross refused to send any message, and would not elaborate on
the reasons why they could refuse.
My daughter was eventually moved to a neighboring base where she
stayed with some other service women. When the unit was activated to
deploy to Iraq, this woman left too. Her unit was gone, and along with
them, the person who raped her. Her command made no attempt to find
this person, saying that the Criminal Investigation Division (CID) was
investigating. (Since that time the CID investigator has transitioned
in his job to another duty station in Hawaii and there has been no one
appointed to follow up.) Ginny Clawson, a Victim Advocate at Fort
Lewis, admitted on February 20, 2004, that she does not even know who
has been assigned to handle my daughter's case at the Judge Advocate
General's (JAG) office. According to Clawson, there is no protocol for
handling these cases; they are left completely up to the commander, and
each is handled on an individual basis as the command sees fit. After
speaking with several people on this subject however, I have heard of
no cases to date that have been followed through on. No one was held
accountable, either the rapist or the command, for allowing the case to
disintegrate before trial. According to ``Betrayal in the Ranks,'' a
series in The Denver Post, there are not just a few of these; there are
thousands past and present.
My daughter's requests for an Army chaplain or a psychologist were
rejected. Because the time line of statements from both her and the
soldier who found her were somewhat different, my daughter was told to
undergo a lie detector test, and refused. The soldier who found her was
not in question, but due to the fact my daughter was knocked
unconscious, her sense of time was apparently not accurate. This is a
specific incident that shows the command's lack of understanding of the
problems surrounding sexual trauma. As a result of being abandoned, not
being able to talk with someone who could help her, and of encountering
a lack of compassion on the military's side, she attempted to commit
suicide with an overdose. She then had to walk alone to the clinic,
which was quite far away, and tell them what had happened. None of the
hospital doctors who saved the woman's life had been informed by the
authorities regarding a rape in camp. I contacted my Senator and family
attorneys, since I was not able to find out what was going on, and what
was being done to protect my daughter. It was only thanks to their
assistance, and their standing up to the threats of hurting my daughter
from the Pentagon that she got back to the U.S. Even though my daughter
suffered from severe headaches and had eye and back problems, she was
told to take up her duties immediately after discharge from the
hospital.
My daughter thinks that commanders want to treat her suffering as a
minor incident. ``They treated me as if I wanted to deceive them. I
felt the commanders abandoned me, and I had the distinct feeling that
they viewed this as a way for me not to be deployed with my unit. They
act as if I had planned this.''
After my daughter was transferred to medical care at the request of
Senator Arlen Specter, the Pentagon provided two high ranking male
``escorts'' who said things like, ``Well, I would go get raped too, if
I could get a private room, soft bed, and TV.'' She never watched TV.
She was still traumatized and waiting for medical care.
Did my daughter get proper medical treatment? Was she checked for
sexually transmitted diseases (STDs), pregnancy, damage to her
reproductive organs? I simply don't know. How can I assume that they
are giving her proper treatment when they ignored a serious head trauma
injury? Where is her advocate now? Where is the CID? How can I be sure
that they are not continuing to harm her?
``Just because I came back with all four limbs intact, they're
treating me like I'm faking,'' her daughter said. ``I feel like my
chain of command betrayed me. I gave 4 years to that unit, and I feel
like it kicked me in the teeth when I was down.''
A Fort Lewis spokesman, Jeff Young, said her case is being
investigated and that she has received proper health care. ``Those who
deploy are served well. She received medical treatment both in overseas
and here.'' It's clear that what Jeff Young and I consider as proper
health care are two vastly different concepts. Why was it that a
soldier in the same unit who had a shrapnel wound was medivaced out the
same day? My daughter obviously had more complicated medical issues.
Agents from Camp Arifjan, another Army post near Kuwait City, were
handling the investigation. It wasn't immediately clear if the
investigators had detained anyone in the case or had any suspects. It
is also not clear where or who is following up on this, or if the case
follows the unit, or the soldier.
Major Shawn Phelps in Ft. Lewis, Washington, said he could not
comment on how my daughter's case was handled in Kuwait, but said that,
since her return to Fort Lewis, she has received counseling and been
given a Military Victim Advocate. I have spoken to that advocate, and
while she is a nice person she has no clue about directing my daughter
to services she needs. I have spoken with my daughter, and when she had
returned to work and she had not yet received counseling.
I did find it odd that they put her right back to work, knowingly
endangering the lives of the soldiers in her unit in Iraq, before
addressing any of her serious medical and psychological issues. Others
in her unit have ostracized her in an effort to maintain their military
careers. I have found that providing support to a rape victim in the
military is the next worse thing to enduring and reporting rape.
Susan Avila-Smith, who has helped nearly 300 women to get benefits
and treatment, reports women veterans of all other eras of service,
both enlisted and officers alike, who suffered from sexual assaults and
harassments during military operations and at home feel the same. It is
my understanding that the majority of sexual assaults are registered in
Kuwait, where U.S. troops are deployed before departure to Iraq.
Knowing this, the Army commanders still provide no medical and
psychological aid to these women. What is more, service women have to
continue their military duties with the knowledge that the perpetrator
is still there, and nothing is being done to him. Women generally know
if they report a sexual assault their military career is over. Life is
made unbearable while the noncommissioned officers (NCOs) and officers
in their command do what they can to sweep their grievances under the
rug. Women essentially are punished for reporting. So, they are
betrayed not only by their comrades to whom they are told to trust
their lives, but also by the commanders who are leading them ``with
integrity'' on behalf of the U.S. military. Most civilians think that
the problem of sexual assault to women is from ``the enemy.'' We have
seen the enemy and it is us. Why do the investigators not check all the
current rape kits to see if they have a serial rapist? Why can't they
do a DNA match right then, or if he is known, remove the individual
from the unit? What are they thinking? Consider the women who know
their attacker, and have to salute him, or confront him everyday at
work, knowing that he will ``get away'' with his criminal behavior. It
has come to my attention that once a woman has been assaulted, and it
has become common knowledge among the troops, she will be continually
assaulted by others.
I believe other elements of change should include the following:
Agencies outside the military are needed to police
efforts by the military because they cannot be trusted.
Commanders and posts need a written protocol to follow
that includes a list of all agencies involved, and what their
responsibilities are.
Likewise, medical personnel need a written protocol at
all levels.
Exercise a no tolerance and punishment policy with
regard to any sexual abuse issues. Currently there is ``zero
tolerance'' with no consequences.
Provide a neutral place to report incidents of
harassment and assault, out of the control of the military;
this could be any local or State agency where medical/military
records and rape kits cannot be ``lost.''
Screen males prior to military service: use legal and
psychological profiles to identify sex offenders. If this
information is posted in local neighborhoods, shouldn't the
military at least check, if not be required to post?
Educate the command, medical staff, and Veterans
Service Officers that rape is a violent crime that contributes
to a real disability, and there are treatments and compensation
available. These services are never to be a forum to lecture
women on ``sexual conduct.''
Act differently from the Catholic Church in matters of
abuse . . . namely, don't ship the offender off to some new
location and act as if it never happened.
Provide safety for women generally; recognize that
sexual assault happens.
Provide proper support, treatment, and whatever else
is needed for the survivor of sexual abuse.
The military culture needs to change, and if men and
women are going to co-exit in such settings, officers and NCOs
must never tolerate even subtle forms of sexism.
All officers in command positions should take
responsibility for any failings among the troops in their
units.
Report crimes to local agencies. Congress mandated
this procedure in 1988, and to date the military has not set
this up. Murderers and rapists are allowed to get out of the
military without this information on their civilian records,
Federal Bureau of Investigations (FBI), etc.
It is also vital that all personnel know what steps to
take if they are assaulted, for example whom to report to, what
to do for their own personal protection, and what social
support systems are available to them for counsel.
The sexual assault in the U.S. military identified
links between gender violence and the need for humanitarian
assistance when violence is perpetuated towards women by those
in power and rank. Should we go to the United Nations for
recognition of this problem?
It was determined in the late 1990s by the Yugoslav
War Crimes Tribunal that rape is a war crime. Rape and sexual
assault in the military should be taken just as seriously.
Powers that perpetrate discrimination against women
and violate their human rights through rape and sexual assault
need to surface and not remain hidden and secret. Women's
vulnerability--fear of losing their job, rank, and position--is
used by the power and rank to avoid accountability and to
silence the female.
The military should not consider cutting back on
women's roles, but rather to hold ranking officers and the
system accountable for the safety of all. Understand that women
fill positions, rather than taking them away from male
counterparts.
Screen women with sexual abuse histories prior to
service. Often times these women make the perfect target for
offenders, who may be able to read their ``sexual abuse
target'' status.
While discussing this issue with many people, I have been appalled
to hear that some men say that ``rape is better than no sex at all.''
With that mentality, we have a very long road ahead of us.
In addition, the civilian world and media does not seem to
understand that my daughter is considered military property. I was told
that she can be severely punished for a bad sunburn--``damaging
military property,'' so I do not think it unreasonable to say that
others should be accountable for more serious damage. The media have
hunted her down since she is apparently the only active duty rape
survivor from Iraq on U.S. soil. She is being retraumatized by this
media frenzy, and most are not able to understand they are threatening
her safety.
In short, the military fails to pursue perpetrators; fails to
prosecute perpetrators, and makes the injury worse by persecuting the
victim.
We have started to see recognition of this problem, but much more
work needs to be done to actually set changes in motion.
I look forward to sharing my proposals and working with others
toward a viable solution. When government and military come together
with proper input from women who have experienced this problem to guide
them, we will truly be able to offer our service members a trustworthy,
safe, and productive environment.
From a mother's standpoint, I have seen the changes in my daughter
and I am deeply saddened that this will affect her life forever.
Senator Chambliss. With that, our hearing will conclude.
Again, thank you very much.
[Questions for the record with answers supplied follow:]
Questions Submitted by Senator Elizabeth Dole
DOMESTIC VIOLENCE
1. Senator Dole. General Casey and General Nyland, immediately
following operations in Afghanistan, the Army was faced with an
unfortunately high number of domestic violence cases at Fort Bragg.
These recent reports of sexual violence against military women from
within their own ranks raise my concerns about further fallout once
some of these soldiers return home. The focused ability to use violence
is a necessary part of a soldier's warfighter training. What is your
Service doing to ensure these young men are indeed ``trained'' to
resume a day-to-day life mentally separated from the war zone and
``decompressed'' enough to handle stresses free from a conflict
mentality?
General Casey. The Army has taken great strides to ensure the
transition from battlefield to home is as conflict-free as possible.
After the tragedies at Fort Bragg, North Carolina, in 2002, the Army
put a greater focus on soldiers redeploying from war and peacekeeping
missions who face reunion challenges as they transition from a high-
stress combat environment to garrison duties and re-assumption of their
positions as heads of households, fathers, mothers, and spouses.
The Assistant Secretary of the Army (Manpower and Reserve Affairs)
directed a review and evaluation of Army domestic violence prevention
and intervention programs/policies to ensure Army-wide actions are
consistent with Department of Defense (DOD) efforts and the DOD
Domestic Violence Task Force.
In conjunction with the studies conducted by the Domestic Violence
Task Force, and in recognition of the significant hardships and stress
brought on by deployments, especially in combat environments, the Army
implemented the Deployment Cycle Support (DCS) initiative in May 2003.
DCS is designed to ease the transition of soldiers and Army civilians
from a combat environment back to a garrison/home environment. DCS
brings together the programs that have existed separately: medical
programs, Family Service Center support, chaplain programs, well-being
initiatives and unit programs to name a few. DCS operations begin in
the theater of operations, continue at home and/or demobilization
station, and continue through the sustainment phase at home station.
The Army's goal with DCS is to standardize the process of providing
our forces with the proper psychological screening, debriefing, and
most importantly, identify those ``at risk'' personnel that may require
immediate attention. Soldiers, Department of the Army civilians, and
family members are provided information that will educate them on the
need for individual reconstitution. This information includes
preparations for returning home, family reunion, health care, and
agencies that are available to provide assistance in their individual
reconstitution.
In ongoing efforts to ensure DCS is implemented to all deploying
and redeploying soldiers, the Army has a tracking system that allows
commanders and Senior Army Leadership to track unit and individual
participation in all phases of DCS.
General Nyland. In recognition of the importance of the transition
home for both marines and their families, the Marine Corps developed a
standardized return and reunion program developed in coordination with
Marine Corps Community Services (MCCS) personnel, health professionals,
chaplains, and building on existing programs and agencies. The
Commandant of the Marine Corps instructed all commanders on the
elements of the program and stressed the importance of its successful
implementation as marines returned from Operation Enduring Freedom
(OEF) and Operation Iraqi Freedom 1 (OIF 1), and its continued use in
the future. The elements of the program include:
Warrior Transition presentations--Focusing on mental
and emotional reorientation from the battlefield to the
domestic setting to be delivered to all returning marines prior
to returning stateside. Due to the speed of some of the returns
from theater, some units received the presentations in theater,
some on ships while in transit from the theater, and some upon
their return to the United States. The brief covered three
reunion components: ``Where I've Been,'' ``Where I'm About to
Be (Home),'' and ``Where I'd Like to Be,'' to walk recipients
through the process of reintegration with family and society.
Other available chaplains and Medical Corps personnel were on
hand to observe the command briefs, to help identify service
members exhibiting signs of combat stress and offer supportive
services as needed. Mental health professionals in the theater
were used for the more serious cases.
Upon arrival at the home location, unit commanders
ensured that marines were aware of the supportive services
available through the chaplains, MCCS, and Medical Treatment
Facilities (MTFs). Commanders of MTFs provided mental health
professionals who were readily available for marines, and unit
commanders allowed time for returning marines to ``decompress''
from their battlefield experience.
Return and Reunion Guidebooks were made available to
both returning marines and their family members, online and in
hard copy; and presentations on return and reunion were
conducted at the home installations to equip the family members
for the stressors possible in the reunion process.
Marketing of available support resources was
accentuated, and reported utilization of those services
indicates the message has been received, and marines and family
members are engaging the resources.
2. Senator Dole. General Casey and General Nyland, what type of
training are you providing your young women and is it tailored
differently?
General Casey. The training as outlined in the above answer is not
gender specific, and is geared toward all soldiers and deploying
Department of the Army civilians.
General Nyland. The Marine Corps provides Warrior Transition and
Return and Reunion training to all marines, regardless of gender. In
this regard, we do not offer specialized or tailored training to either
female marines or male marines. Our experience is that the issues of
reunion in relationships are gender-neutral and are oriented around the
deployed person and the home-front person--the changes they undergo in
those roles, the renegotiation of roles, and reinvestment in one
another upon reunion--not the gender of each. Our Return and Reunion
Guidebook is written to provide insights into all of the elements of
the reintegration equation (deployed single service members, married
service members, home-front partners, children, extended family
members, reservists, civilian co-workers, etc.), hopefully raising the
awareness of all to the positions of the others.
Some examples of the return and reunion support offered to spouses
and family members include:
54,000 copies of a ``Return and Reunion Guide for
Marines and Families'' were prepared and distributed. This
guide covered the different aspects of return and reunion
dynamics, from different perspectives (Single Marines and their
Significant Others, Married Marines and their Spouses, Marines
with Children, Single Parent Marines, and reservists going back
to civilian jobs).
A standardized ``Return and Reunion for Spouses''
presentation was provided and posted on the MCCS Web site for
use by installation staff. All installation commanders and
Reserve commanders provided briefs to family members (spouses,
children, and significant others) aboard receiving
installations and at appropriate Reserve locations as early as
30 days prior to the return of units.
A brief titled ``Caring for the Caregivers,'' was
established online for installation staff and command
representatives to offer to Key Volunteers and spouses who have
been particularly challenged in support of the units during
deployments. Additionally, the MCCS Web site and MCCS One
Source services provide valuable information, resources and
referrals service.
SEXUAL ASSAULTS IN THE MILITARY
3. Senator Dole. Dr. Chu, each Service approaches the problem of
sexual assaults within their ranks somewhat differently. What is your
department doing to identify ``best practices'' and to standardize the
policies and procedures under the Uniform Code of Military Justice
(UCMJ) in dealing with this crime?
Dr. Chu. Sexual assault will not be tolerated in the DOD. In order
to determine the most useful preventive measures and the most effective
corrective actions, we are conducting a detailed review of our policies
and programs, the manner in which we deal with sexual assault cases,
and our effectiveness in precluding an assault. The task force, under
the leadership of Ellen Embrey, is currently performing that review.
During February, Ms. Embrey and the task force members conducted a
series of focus group discussions at seven military installations in
order to identify what works well and where improvements are needed. In
March, the task force is traveling in-theater. The feedback from these
focus group discussions will be added to the input from recent
discussions with more than 1,100 individuals. This information will be
incorporated into the task force's report and recommendations that will
be provided to me not later than April 30.
4. Senator Dole. General Casey, Admiral Mullen, and General
Moseley, following the report of an assault, I cannot imagine a
commander would want the accused and the accuser together in his combat
unit or even reporting to the same orderly room. What is your Service's
procedure for unit reassignment once an assault has been reported?
General Casey. Commanders and leaders at every level have a duty to
take appropriate steps to prevent sexual assault, protect victims, and
hold those who commit offenses accountable. When a soldier reports a
criminal act such as this, our Army is resolved to take immediate and
proper action. Commanders have a large number of options to protect a
soldier who reports an assault. In cases of sexual assault, the law
permits commanders to order the suspect into pre-trial confinement or
restriction if warranted by the circumstances. In other cases, the
command may permanently or temporarily transfer an alleged perpetrator
to another unit pending completion of the investigation or may retain
that soldier in the unit but temporarily detail the soldier to other
duties. Commanders may also issue a ``no contact'' order to protect the
victim. Such orders are very effective and enforceable under military
law.
To ensure that our current policies and programs are effective, the
acting Secretary of the Army has directed the establishment of a task
force to conduct a detailed review of the effectiveness of our Army's
policies on reporting and properly addressing allegations of sexual
assault. This review will examine our policies, programs, procedures,
and training with regard to the prevention of sexual assault. The task
force will further review the processes in place to ensure a climate
exists where victims feel free to report allegations and leaders at
every level understand their responsibilities to support those victims.
This task force will render its report by the end of May 2004.
Admiral Mullen. Under Navy's Sexual Assault Victim Intervention
(SAVI) program, the commanding officer is responsible for providing a
safe physical and emotional environment for the victim upon report of a
sexual assault and the SAVI program is specifically designed to
minimize revictimization. The commanding officer has the authority to
reassign either victim or accused if deemed appropriate for the comfort
and welfare of the victim (the victim's desires receive preferential
consideration) or to maintain good order and discipline within the
command. If the victim requests to remain with the command, the accused
must be assigned to another department within the command or
temporarily reassigned in a manner that will preclude contact or a
chain-of-command relationship between victim and accused.
The commanding officer with about 18 years of experience is further
advised by key members of his/her command: an Executive Officer with
about a dozen years of experience, a Command Master Chief (senior
enlisted member of the command) with 15-20 years of experience, a
specially trained Command SAVI point of contact for general and
programmatic issues, and a command representative specifically assigned
for a particular case. In total, these elements provide several
interested parties within the command that are specifically tasked to
ensure a victim of sexual assault is:
a. Given as much credibility as a victim of any other crime;
b. Considered a victim of sexual assault when any unwanted act of
sex is forced on him or her through any type of coercion, violent or
otherwise;
c. Considered a victim of sexual assault, regardless of the his/her
behavior at the time of the sexual assault (e.g., fraternization,
underage drinking, etc.);
d. Considered a victim of sexual assault, regardless of the
assailant's relationship to the victim (e.g., boyfriend, co-worker,
acquaintance, etc.);
e. Asked only those questions that are relevant to a potential
court case or to medical treatment;
f. Provided medical and mental health treatment, only after giving
his or her informed consent;
g. Consulted about their desires to participate in legal
procedures;
h. Treated fairly and without prejudice;
i. Treated in a manner that does not usurp control from the victim,
but enables him or her to determine his or her own needs and how to
meet them;
j. Not identified to the news media without his or her consent;
k. Afforded access to victim advocate services where available, to
resource information, and to referral to appropriate support/
counseling; and
l. Informed of options concerning involvement with investigative/
legal personnel and potential consequences.
One measure of effectiveness in cases of sexual assault is derived
from the victim's perspective. In a 2002 survey of SAVI program users,
100 percent indicated that the SAVI program helped them cope.
Reassignments are used in some case; in all cases, however, the
latitude for on-scene commanders to reassign personnel as a matter of
policy is an important guarantor of minimizing the potential for
revictimization and protecting victim rights in general.
General Moseley. For deployment locations, removal or redeployment
from a contingency billet is the deployed commander's situational
decision, with full consideration for: (1) currently stated Air Force
policies; (2) seriousness of the offense/allegations; (3) assessment of
impact on the unit's order and morale; (4) the members' perceptions of
safety, and ultimately; (5) the impact on the unit's ability to
accomplish its mission.
For non-deployment locations we have the Threatened Person
Assignment (TPA) procedures within our assignment program which can
rapidly remove a military member and dependents from a life-threatening
situation. Pending the completion of the investigation, the
installation commander can reassign the victim temporary duty (TDY)
until the situation is resolved.
Our commanders can use any or all of the following discretionary
actions: (1) issue ``no contact order;'' (2) allow the member to take
leave; (3) send member (victim) TDY; (4) change member's residence
(e.g., change dorms, move member from dorm to off base, move member
from off base to on base, etc.); and (5) move member to another duty
location on-base.
Once the investigation is completed and disciplinary actions are
taken, members may be moved to another base. The current commander will
work to ensure the members (victim/accused) do not relocate to the same
subsequent location. While there is no tracking system to guarantee
members will not be stationed together later in their careers--if the
accused remains on active duty; the victim may request special
reassignment assistance, if necessary.
5. Senator Dole. General Casey, Admiral Mullen, and General
Moseley, what is being done to assist your commanders in obtaining an
immediate separation for individuals involved in a sexual assault case,
especially while the investigation is ongoing?
General Casey. Commanders, with the advice of their supporting
judge advocates, make case-specific decisions regarding pretrial
options to protect soldiers who report assaults while remaining mindful
of the presumptive innocence of the accused during the investigative
process. Commanders and leaders at every level have a duty to take
appropriate steps to prevent sexual assault, protect victims, and hold
those who commit offenses accountable. When a soldier reports a
criminal act such as this, our Army is resolved to take immediate and
proper action.
Commanders have a large number of options to protect a soldier who
reports an assault. In egregious cases, commanders can direct pretrial
confinement of the accused soldier if there is a reasonable belief that
the accused soldier committed an offense under the UCMJ and that
pretrial confinement is necessary to prevent flight or to prevent
serious misconduct, and lesser forms of restraint are inadequate.
Alternatively, commanders may transfer a soldier to another unit
pending completion of the investigation. Commanders may also issue a
``no contact'' order to protect the victim. Such orders are very
effective and enforceable under military law.
To ensure that our current policies and programs are effective, the
acting Secretary of the Army has directed the establishment of a task
force to conduct a detailed review of the effectiveness of our Army's
policies on reporting and properly addressing allegations of sexual
assault. This review will examine our policies, programs, procedures,
and training with regard to the prevention of sexual assault. The task
force will further review the processes in place to ensure a climate
exists where victims feel free to report allegations and leaders at
every level understand their responsibilities to support those victims.
This task force will render its report by the end of May 2004.
Admiral Mullen. The commanding officer has the authority and
latitude to physically separate a sexual assault victim and the accused
by relocating one or the other, providing a safe and supportive
environment for the victim in which to begin the recovery and healing
processes. At a minimum, the victim and the accused must be
departmentally separated and all chain-of-command relationships
removed, while the option to reassign either outside the command
remains the commanding officer's discretion. It is Navy policy to
comply with the victim's needs and requests, to the extent practicable,
with respect to the network of available support services, e.g.,
victim's advocate, legal services, medical care, command support, etc.
The victim may be immediately assigned to a medical treatment facility
to meet all required physiological and psychological needs. At no time
are medical or advocacy services dependent upon a victim's extent of
cooperation in legal and disciplinary proceedings; victim services are
provided in all reported cases.
Concerning administrative separation of the victim from the naval
service, it is not standard practice. Historically, it is not the
desire of the victim to separate. Additionally, retaining command
jurisdiction permits commanding officers to provide all necessary care
and support in the aftermath of the incident and facilitates the
conduct of appropriate investigations and related actions initiated in
response to the assault.
In terms of the accused, a full and fair investigation of every
case is initiated with disciplinary action following as warranted. The
victim has the right to cooperate with the investigation to the extent
they see fit, and are often the best source of material evidence.
Disciplinary action could result in punishment at Commanding Officer's
Nonjudicial Punishment (NJP) or courts-martial, either of which could
result in the separation of the accused from the naval service.
General Moseley. For deployment locations, removal or redeployment
from a contingency billet is the deployed commander's situational
decision, with full consideration for: (1) currently stated Air Force
policies; (2) seriousness of the offense/allegations; (3) assessment of
impact on the unit's order and morale; (4) the members' perceptions of
safety; and ultimately, (5) the impact on the unit's ability to
accomplish its mission.
For non-deployment locations we have the TPA procedures within our
assignment program which can rapidly remove a military member and
dependents from a life-threatening situation. Pending the completion of
the investigation, the installation commander can reassign the victim
TDY until the situation is resolved.
Our commanders can use any or all of the following discretionary
actions: (1) issue ``no contact order;'' (2) allow the member to take
leave; (3) send member (victim) TDY; (4) change member's residence
(e.g., change dorms, move member from dorm to off base, move member
from off base to on base, etc.); and (5) move member to another duty
location on base.
Once the investigation is completed and disciplinary actions are
taken, members may be moved to another base. The current commander will
work to ensure the members (victim/accused) do not relocate to the same
subsequent location. While there is no tracking system to guarantee
members will not be stationed together later in their careers-if the
accused remains on active duty; the victim may request special
reassignment assistance, if necessary.
PREVENTION OF SEXUAL ASSAULTS
6. Senator Dole. General Nyland, in your statement you cited
leadership as the key to prevention. I agree with you and encourage you
to expect that leadership at all levels. You also mentioned a goal for
recruit training that would require that each marine knows appropriate
personal protection measures for themselves and for those in their
charge. Could you go into greater detail on this proposed program?
General Nyland. The Marine Corps defines personal protection
measures as an education and awareness training process that empowers
our marines with the knowledge and support to make the right choices to
prevent sexual assault or deal with the incident appropriately when it
occurs. A portion of sexual assault prevention training at the Marine
Corps Recruit Depots is dedicated to educating recruits on both active
and passive resistance measures. Passive resistance requires dealing
with attackers with methods other than force (e.g. pretending to faint,
claim to be sick, etc.). Active resistance is intended to distract,
discourage, or forcefully stop the attacker. Active resistance however,
is situational dependent, and may not be prudent in all circumstances.
Personal protection and awareness is the sum of all the training parts.
The cumulative training that recruits receive in core values, sexual
assault prevention, sexual harassment, equal opportunity, ethics, moral
courage, fraternization, martial arts (mental, character, and physical
disciplines), substance abuse, and operational risk management training
all contribute to developing a marine who can identify potential
hazards, make appropriate decisions, and apply appropriate protection
measures regardless of the threat. Finally, creating a proper command
climate is critical to preventing sexual assaults before they occur. We
reinforce character that values honor, integrity, and taking care of
our fellow marines; this includes treating each other with dignity and
respect.
7. Senator Dole. General Casey, Admiral Mullen, and General
Moseley, I am uncomfortable with the generalized image of our female
military members being portrayed as victims. Do you have any examples
of how the women within your Services are proactively working to
prevent rape, battery, and sexual harassment?
General Casey. Women make up approximately 16 percent of the total
Army population and serve in a variety of leadership positions
including drill instructors, military police (MPs), equal opportunity
(EO) advisors, commanding officers, and first sergeants. All leaders
have a duty to work proactively to prevent rape, battery, and sexual
harassment. Over 30 percent of EO advisors serving throughout the Army
are women and all EO advisors are trained to recognize and assess
indicators of discrimination and sexual harassment, and work to manage
the human relations environment within their units. Women soldiers
bring the same level of professionalism, training, patriotism, and
commitment to their duties, as do our male soldiers. They are working
to defend America and advance peace and freedom, for which we are
grateful.
Admiral Mullen. The Navy is actively working to reduce sexual
harassment, prevent rape, battery, or sexual assault, and improve both
organizational support to individual victims and command action against
all assailants. Over 1,250 command SAVI points of contact responsible
for program execution and compliance at the unit level were trained in
just fiscal year 2003; many of them women. Significantly, these
specially trained personnel are active members of their commands--they
maintain, train, and deploy overseas with their units, providing a
ready and accessible resource to their fellow servicemembers as well as
fostering a respectful environment daily that ultimately aids in
preventing sexual assaults from occurring in the first place. Navy SAVI
training and policy guidance clearly emphasize that the responsibility
for awareness and knowledge of sexual assault prevention/response rests
with every member of the United States Navy.
In addition to all-Navy training, leadership training
in general and sexual assault prevention and response training
in particular are embedded in curriculums spanning an officer's
career, usually in preparation for positions of greater
leadership (e.g., department head, executive officer, and
commanding officer leadership training courses). Similar
training is also incorporated in enlisted leadership training
courses, beginning at the petty officer level with additional
courses required for each increase in leadership level/
paygrade.
Every Navy member must attend annual General Military
Training (GMT), which addresses sexual assault awareness and
prevention, Navy's SAVI program, services, and where these
services can be obtained Navy-wide. Prevention through
education is seen as the best tool to prevent sexual assault in
the Navy. Identifying behavior or environments that increase
the risk of sexual assault and then working to control or
minimize exposure to that risk will reduce the number of
instances. Navy training presents scenarios to highlight those
risks and include behavior tips such as:
Deglamorization of alcohol as drug and alcohol
use increases the risk of sexual assault.
Trust your instincts. If you feel something is
wrong, it probably is.
Always pay attention to your surroundings and
anticipate potentially dangerous situations.
Watch out for each other's safety. Take care
of one another. Speak up!
Travel in groups--the ``buddy system'' works.
Avoid isolated places, day and night. If you
must work alone, lock the doors.
Tell a family member, friend, spouse, or
shipmate where you are at all times.
Take an accredited self-defense class.
Most victims know their attackers. Be sure of
your surroundings, with friends or strangers.
Get together for a first date at a public
place.
Each installation is required to designate a SAVI
Coordination Committee comprised of, but not limited to, all
first responders and key base personnel to address local sexual
assault needs and issues.
Trained sexual assault victim advocates,
comprised mostly of women, are first responders and are
made immediately available to victims.
Each Navy command, whether a shore facility, ship, air
wing/squadron, must designate:
SAVI Command Point of Contact who has detailed
knowledge of SAVI program requirements, services
available at that site and how to coordinate training,
victim services and response for command members.
SAVI Command Representative, from among
command's senior enlisted or officer personnel, who,
upon report of a sexual assault, serves as liaison
between the victim, the support system and the
commanding officer.
General Moseley. In the Air Force, all airmen are responsible for
proactively preventing rape, battery, and sexual harassment. Since
women serve in over 99 percent of our career fields and have performed
incredibly in our conflicts in Iraq and Afghanistan, we hardly share in
the opinion that they are victims. In terms of women working on this
very important issue, women serve as commanders, first sergeants,
supervisors, special agents with the Air Force Office of Special
Investigations (the criminal investigative agency most closely
paralleling the Federal Bureau of Investigations), security forces,
members, judge advocates, physicians, mental health professionals, and
chaplains. Women are involved in the training and education at every
phase of development of airmen (officers, enlisted and civilian). Thus,
women in the Air Force take a major role in a matter that is important
to each of us and the responsibility of all of us--prevention of rape,
battery, and sexual harassment.
8. Senator Dole. General Casey, Admiral Mullen, and General
Moseley, what are you doing to ensure that all members, even those at
the most junior ranks, are empowered to intervene when they see abusive
situations developing?
General Casey. All new recruits receive instruction on sexual
assault prevention techniques during basic training. They are taught:
That sexual assault is a crime that will not be
tolerated in the United States Army and that the Army will hold
those who commit these crimes accountable;
That Army policy includes awareness and education to
prevent sexual assault, sensitive care for sexual assault
victims, and aggressive and thorough investigation of all
reported sexual assaults;
That the Army demands and expects soldiers at every
level to support a positive command climate in which victims
have the confidence in the chain of command and criminal
investigators to report these crimes immediately;
That the Army treats sexual assault victims with
dignity, fairness, and respect for their privacy; and
That medical and legal policies and programs exist to
assist soldiers.
Admiral Mullen. All Navy members must attend annual sexual assault
awareness, prevention, and response training. During training, sailors
and officers are instructed that upon becoming aware of a potentially
abusive situation, they are required to inform the suspected potential
offender of their suspicion and immediately report the situation to the
chain-of-command or law enforcement authorities. Sexual assault victims
themselves have a multitude of reporting avenues available: chain-of-
command, law enforcement, command designated program representatives or
medical caregivers. Multiple options reduce the barriers to initial
reporting and increasing the Service's ability to provide important
care and advocacy services early. Throughout our training program,
significant emphasis is placed on the importance of assigning the
highest priority to the needs and requests of victims or potential
victims. Moreover, senior Navy leadership at each command level, both
enlisted and officer, is provided with additional training and
resources to help promote the kind of positive command climate that
eliminates fear of reprisal, rewards respectful, responsible behavior,
and advocates awareness for programs like SAVI in those instances which
warrant sexual assault response and intervention.
General Moseley. In the Air Force, we are continuously working to
improve the training of our young airmen to ensure they are aware of
their responsibilities to take care of each other. All airmen are held
to the same high standard. If they are aware of, or observe criminal
activity, they will be held accountable if they fail to take charge of
the situation and exercise their leadership responsibilities. In
addition, airmen at every level of the Air Force have a number of
avenues to report abusive situations and are encouraged to do so.
Recently our Chief of Staff of the Air Force, General Jumper,
specifically addressed and charged all of our airmen with this
responsibility and continues to focus ox efforts in this area.
9. Senator Dole. Ms. Hansen, in your statement you recommend the
availability of Sexual Assault Nurse Examiners (SANE). Many of these
recent military assault charges have occurred months after the alleged
attack, either because of fear, poor reporting procedures, or limited
access to resources. This recommendation seems extremely worthy
especially in a war zone, for both the protection of the accused as
well as the accuser. How do you propose implementing this type of
advocacy?
Ms. Hansen. Senator Dole, thank you for your question. The
education, training, and certification of SANEs within the military
could be performed prior to deployments. The certification would
supplement medical training of military personnel, such as nurses,
corpsmen, or medics. Medical units of reservists called to active duty
could also supply Central Command (CENTCOM) with the required
personnel. The deployment of SANEs would aid in the restoration of
access to services for victims and survivors. Further, the availability
of SANEs at the unit level would foster reporting of incidents,
processing of evidence and justice in a timely manner.
______
Questions Submitted by Senator Jack Reed
PROGRAM STANDARDIZATION
10. Senator Reed. Dr. Chu, why are you waiting for the task force
to decide whether or not Services should standardize their programs and
can't you take the best from each and put together a plan of action
now?
Dr. Chu. Each of the Services has developed slightly different
approaches to dealing with many of the challenges of military service,
because members of the Services function in different environments and
under different circumstances. Currently, the task force is comparing
each of the Services' policies, programs, and practices. Before making
any changes, we want to be certain that a careful review has been
appropriately accomplished.
The task force will complete its effort in the next 5 weeks. In the
event that the task force identifies a policy, program or practice that
requires immediate action, I am confident that Ms. Embrey will bring
the matter to my attention. The April 30 deadline will not prevent us
from taking corrective action sooner than that date, if necessary.
SEXUAL ASSAULT EDUCATION
11. Senator Reed. General Casey, Admiral Mullen, General Nyland,
and General Moseley, do you believe that this increased emphasis on
sexual assault education will potentially deter commanders from sending
qualified female soldiers, sailors, airmen, and marines forward?
General Casey. Commanders are not deterred from sending qualified
female soldiers forward. Female soldiers are an important part of our
force structure. Our Army remains committed to taking care of soldiers
and dealing expeditiously with any complaint or allegation. The Army
holds leaders accountable to ensure that a climate exists where a
soldier who is a victim of a sexual assault or any other crime, feels
free to report that crime to their chain of command and that leaders
understand their responsibilities to support the victims and
investigate allegations. Our Army will not tolerate sexual misconduct
within our ranks, and one key to correcting this problem is effective
education. Education is critical to the creation and maintenance of a
positive human relations environment where soldiers are willing to
report any crime, without fear of retribution, reprisal or impact on
their careers.
Admiral Mullen. No. First, the Navy is a rotationally deploying
Service, in peace and in war, with women fully integrated. While tense
periods may require long or additional deployments, the deployment
experience in and of itself is not unique; it is, rather, inherent in
Navy culture. On a typical day, the U.S. Navy has about half of its
fleet underway and about a third of the entire fleet deployed, most
with integrated crews. Second, and significantly, each of these units
is required to have specially trained SAVI Points of Contacts onboard
even at sea, many have crewmembers trained in advocacy services and the
larger units have medical services available.
We also believe that our SAVI program affords commanders a greater
degree of confidence that, as sailors forward deploy, they are better
prepared to focus on mission accomplishment. Through dedicated training
and a public discussion concerning the prevention of sexual assault,
the effects on sexual assault victims and the definition of these acts
as a crime in violation of the UCMJ, service members are clear on
policy expectations and consequences. We find this direct, forward
approach contributes to military readiness by removing uncertainty
concerning sexual assault, enabling service members to remain mission
focused.
SAVI is seamlessly integrated into our training continuum and
serves to better prepare sailors, male and female, for operating under
the conditions, and within the environments, in which they are required
to perform while in close proximity to each other. It prepares them for
the reality of working as members of gender-integrated crews while
stressing the inherent responsibility to maintain mutual respect, for
each other as professionals and as shipmates, without regard to gender.
Our training emphasizes the fact that sexual assault is not solely
a women's issue. An average of 10 percent of Navy sexual assault
victims are male. Sailors must be aware that, while all are potential
victims, they may reduce the risk, and contribute to the prevention, of
sexual assault through knowledge and awareness of the dynamics of the
crime and the issues and trauma suffered by its victims. SAVI assists
Navy leaders in providing the safest possible physical and emotional
environments for all sailors, afloat and ashore.
General Nyland. No! All marines will continue to deploy regardless
of gender. Sexual assault training is part of the continuing education
that marines receive in Core Values, sexual harassment, equal
opportunity, ethics, morale courage, fraternization, martial arts
(mental, character, and physical disciplines), substance abuse, and
operational risk management which all contribute to developing a marine
who can identify potential hazards, make appropriate decisions and
apply appropriate protection measures regardless of the location or the
threat. We reinforce character that values honor, integrity, and taking
care of fellow marines; this includes treating each other with dignity
and respect.
General Moseley. I do not. 99.9 percent of Air Force Specialty
Codes are open to women in the Air Force, which shows how highly their
contribution is valued. Increased emphasis on sexual assault education,
understanding it is a crime and will be treated accordingly, is
critical to good order and discipline. Educating both men and women to
be proactive in preventing sexual assault, to not be bystanders or
unwitting facilitators, will enhance the safety of female airmen
wherever they are assigned.
12. Senator Reed. General Casey, Admiral Mullen, General Nyland,
and General Moseley, isn't this sexual assault one more thing to be
concerned with when preparing to go to war?
General Casey. Commanders must constantly be concerned about the
state of readiness, training, discipline, and morale of their soldiers
and units. The prevention of sexual assault is a component of good
order and discipline. Ensuring proper leadership action to deal with
sexual assault, if it occurs, is a training issue. Providing services
and support to victims is taking care of soldiers. The Army is
committed to doing this in garrison and in a theater of operations.
Admiral Mullen. No. Navy operational forces are, by their very
nature, flexible, rotational and forward deployed. Most ships and
squadrons are comprised of gender-integrated crews that prepare in
peacetime precisely as they operate in war. In the sense that we
maintain high standards of inter-personal behavior through a number of
personal policy programs (conduct ashore, sexual harassment prevention,
deglamorization of alcohol, personal behavior, etc.), sexual assault
prevention compliments, rather than competes with, the expectations set
by these other programs and is a natural part of normal, continuous
preparations for deploying, in peace or war. Sexual assault awareness,
prevention and victim intervention is seamlessly integrated into the
training continuum for every member, from initial accession training
through the most senior levels of leadership. At a minimum, every
sailor and officer must attend training annually.
Sexual assault is a serious violation of the UCMJ, corrosive to
unit cohesion and, more importantly, a gross violation of human
dignity. While the Navy has made progress and the overall trends are
down, perpetration of any sexual assault is intolerable and
unacceptable. It is our duty to make every effort to thwart such acts
in the first place; to respond with compassionate, empathetic care and
support for the victims; and aggressive investigation and prosecution
of the perpetrators. To do otherwise is contrary to maintaining good
unit morale, cohesiveness and operational readiness.
General Nyland. No. The nature of sexual assault is that it can
happen at any time; therefore ensuring a climate that deters sexual
assault should be the norm. Sexual assault has no place anywhere in the
Marine Corps. Creating a proper command climate is critical to
preventing sexual assaults before they occur. We reinforce character
that values honor, integrity, and taking care of our fellow marines;
this includes treating each other with dignity and respect.
General Moseley. Any factor impacting readiness is always of
concern. The safety, health, and well-being of our airmen, women and
men, is a concern regardless of whether we are engaged in conflict with
the enemy or not. We do not want our airmen unnecessarily put in harms
way. We make every effort to prepare airmen for war and educating them
regarding sexual assault should be part of that preparation.
BREAKDOWNS IN PROCEDURES
13. Senator Reed. General Casey, the Army seems to have the highest
number of incidents. You said that you were taking a good look at all
the procedures in place and looking for breakdowns. Any young soldier
or new officer knows that leadership comes from the top down. Are you
also assessing or evaluating the involvement of your more senior
officers and staff noncommissioned officers in this matter?
General Casey. We are currently assessing all of the Army's
policies and programs pertaining to sexual assault. Good leadership is
critical to the creation and maintenance of a positive human relations
environment where soldiers are willing to report any act of sexual
misconduct, without fear of retribution, reprisal, or impact on their
careers. Additionally, the Army expects our leaders to ensure that
soldiers treat sexual assault victims with dignity, fairness, and
respect for their privacy.
AFFECTS ON PERFORMANCE EVALUATION AND REPUTATION
14. Senator Reed. General Casey, Admiral Mullen, General Nyland,
and General Moseley, I know that all of you would agree that one of the
factors brought to light on why young enlisted do not report incidents
of sexual assault is because they feel it will impact their career. At
present, you leave it to your commanders to decide whether the
perpetrator and victim will be removed. We know of one instance where
the victim was made to work for her attacker, based on one commander's
discretion. How will each of you ensure a victim's career is not
impacted, either in their performance evaluation, next billet, or
reputation within the military?
General Casey. In the past, the Army has faced and overcome
daunting challenges in its human dimension. We have the people, the
will, and the tradition to achieve and maintain an environment of
mutual dignity and respect--for all our soldiers. The leadership of
this great Army wants the very best for all of our soldiers. When the
unthinkable happens to one of our soldiers, we owe it to them to
provide the very best in victim support and services. Respecting and
protecting the dignity of every soldier are cornerstones of this great
institution. Additionally, our leaders must ensure that soldiers treat
sexual assault victims with dignity, fairness, and respect for their
privacy.
To ensure that our current policies and programs are effective, the
Acting Secretary of the Army has directed the establishment of a task
force to conduct a detailed review of the effectiveness of our Army's
policies on reporting and properly addressing allegations of sexual
assault. This review will examine our policies, programs, procedures,
and training with regard to the prevention of sexual assault. The task
force will further review the processes in place to ensure a climate
exists where victims feel free to report allegations and leaders at
every level understand their responsibilities to support those victims.
This task force will render its report by the end of May 2004.
Admiral Mullen. It is contrary to Navy policy to force a victim of
sexual assault to work for or with an alleged perpetrator. Commanding
officers are directed to afford due deference to the victim's needs and
to assign the highest priority to accommodating the victim's desires,
particularly with respect to remaining within or being removed from the
command, or even being reassigned within the command.
The command must apprise the victim of his or her rights, as
required by law, including the right to fair treatment, dignity and
privacy; and the right to be reasonably protected from the accused
offender. Additionally, the command must designate a trained ``Command
Representative'' who serves as a liaison between the victim, the
support system and the commanding officer, with a particular emphasis
on conveying any information, needs or desires, which the victim may be
reluctant to report or request.
The command is also required to submit an electronic unit
situational report to the Chief of Naval Operations on every sexual
assault incident (with non-identifying data only). Copies of the report
are simultaneously transmitted to senior levels in the chain of
command, including the Commander, Navy Personnel Command, Counseling,
Advocacy, and Prevention Branch (Pers-661), and Navy Corrections Branch
(Pers-83). The command must track the case through resolution and
report the outcome via the same message format and routing.
The Navy is committed to ensuring a victim's career is preserved
following incident of sexual assault. Navy policy restricts inclusion
in a member's documented service record and evaluations, any
information pertaining to an ongoing investigation. Following a sexual
assault incident, Navy policy ensures the immediate safest possible
physical and emotional environment for the victim as well as the
protection of a victim's career aspirations and opportunities. Follow-
on assignments for victims of sexual assault remain consistent with a
member's skills and rank, considering any special needs. A victim's
promotion or advancement will not be delayed, and the potential for
future career progression will not be negatively impacted.
General Nyland. In cases of sexual assault, commanders are directed
to:
Ensure the victim is provided reasonable protection
from the offender
Minimize the re-victimization of all sexual assault
victims by:
Ensuring victims and offenders do not remain
in the same work area
Protect the interest and privacy of sexual
assault victims,
Limit the viewing of documents that identify
victims to only those with a ``need to know'' (i.e.
incident reports, charge sheets, military protective
orders, etc.)
Foster a command climate where sexual assault, like
any other offense, is not tolerated, and all feel safe to
report wrongdoing without fear of rejection or reprisal.
General Moseley. Performance evaluation, career decisions, and
assignments are based on the individual airman's performance with the
needs of the Air Force taking precedence. But in the case of a victim
of sexual assault, the safety and well being of the individual must be
considered first. The individual circumstances of the victim must be
considered by the commander, with personal input from the individual
and professionals who may be assisting the individual toward restored
health and well-being. Additionally we consider: (1) currently stated
Air Force policies; (2) seriousness of the offense/allegations; (3)
assessment of impact on the unit's order and morale; (4) the members'
perceptions of safety; and ultimately, (5) the impact on the unit's
ability to accomplish its mission. We are aggressively examining ways
in which we can provide commanders additional tools and information
they need to consider as they make these important decisions.
[Whereupon, at 1:30 p.m., the subcommittee adjourned.]