[Congressional Record Volume 154, Number 143 (Wednesday, September 10, 2008)]
[Senate]
[Page S8280]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   SENATE CONCURRENT RESOLUTION 97--EXPRESSING THE SENSE OF CONGRESS 
           REGARDING SEXUAL ASSAULTS AND RAPE IN THE MILITARY

  Mrs. CLINTON submitted the following concurrent resolution; which was 
referred to the Committee on Armed Services:

                            S. Con. Res. 97

       Whereas, since 2002, 59,690 female veterans have reported 
     being raped or sexually assaulted or experiencing another 
     form of sexual trauma while in the military;
       Whereas, according to the Department of Veterans Affairs, 
     female veterans reporting rape, sexual assault, or other 
     sexual trauma constitute almost 20 percent of the women seen 
     at facilities of the Department nationwide;
       Whereas 41 percent of female veterans treated at the West 
     Los Angeles Medical Center of the Department of Veterans 
     Affairs reported being sexually assaulted while in the 
     military and 29 percent of such veterans reported being raped 
     while in the military;
       Whereas the number of reported sexual assaults and rapes in 
     the military increased by 73 percent from 2004 to 2006, 
     according to the Department of Defense;
       Whereas 2,688 sexual assaults were reported in the military 
     in fiscal year 2007, including 1,259 reports of rape, 
     according to the Department of Defense;
       Whereas the military chain of command took no action in 
     almost half of the cases of sexual assault in the military 
     investigated by military authorities, claiming insufficient 
     evidence, and the majority of the cases in which some action 
     was taken were resolved through nonjudicial punishment or 
     administrative action, which in most cases amounts to little 
     more than a slap on the wrist;
       Whereas only 181 of the 2,212 subjects, or 8 percent, 
     investigated by the military for sexual assault during fiscal 
     year 2007 were referred to courts martial;
       Whereas civilian law enforcement authorities prosecute 
     approximately 40 percent of individuals arrested for rape, 
     according to statistics of the Department of Justice and the 
     Federal Bureau of Investigation;
       Whereas the absence of aggressive prosecutions by the 
     military perpetuates a hostile environment and hinders a 
     victim's willingness to report a sexual assault or rape;
       Whereas, in 2005, the Department of Defense created the 
     Sexual Assault Prevention and Response Office, which serves 
     as the single point of accountability and oversight for the 
     policies of the Department relating to sexual assault;
       Whereas the Sexual Assault Prevention and Response Office 
     has improved reporting of sexual assault and rape, but still 
     does not track investigations or prosecutions of reported 
     cases; and
       Whereas sexual assault and rape in the military are a 
     threat to the national security of the United States: Now, 
     therefore, be it
       Resolved by the Senate (the House of Representatives 
     concurring), That it is the sense of Congress that the 
     Secretary of Defense should develop a comprehensive strategy 
     to increase and encourage investigation and prosecution of 
     sexual assault and rape cases in the military that includes--
       (1) requiring commanders to be held accountable for sexual 
     assaults and rapes that occur in the units under their 
     command and to provide justification for disposing of cases 
     through nonjudicial punishment and other administrative 
     actions;
       (2) developing and enhancing existing prevention and 
     response programs by using proven best-practice methods to 
     create a culture that prevents sexual assault and rape in the 
     military and encourages more reporting of sexual assaults and 
     rapes by victims;
       (3) conducting more aggressive oversight of existing 
     prevention and response programs, establishing performance 
     metrics to ensure that such programs are effective, and 
     analyzing trends in the prevention and reporting of sexual 
     assaults and rapes;
       (4) reviewing current training methods for all personnel 
     involved in military investigations of sexual assault and 
     rape cases, and for judge advocate staff, and implementing 
     any improvements that are necessary;
       (5) encouraging communication and data sharing between the 
     Sexual Assault Prevention and Response Office and other 
     components of the Armed Forces and the Department of Defense 
     to enhance coordination and oversight of sexual assault and 
     rape cases as those cases move through the legal process;
       (6) reviewing the capacity of the legal infrastructure of 
     the Armed Forces to investigate and prosecute effectively 
     sexual assault cases in the military;
       (7) examining any additional barriers, such as the 
     availability of staff and the adequacy of resources, on 
     military installations and facilities in the United States 
     and abroad, and in theaters of operations, to conduct 
     effective investigations of sexual assault and rape cases;
       (8) reviewing command disposition of cases and identifying 
     whether additional oversight is required to ensure that the 
     resolution of cases through nonjudicial means is justified;
       (9) classifying a military protection order as a standing 
     military order to ensure that an investigation has occurred 
     and appropriate command authorities have completely 
     adjudicated allegations before the order can be overturned;
       (10) establishing a policy that mandates the notification 
     of any military protective order issued at a military 
     installation to local civilian law enforcement agencies to 
     provide the continuity of protection to victims; and
       (11) ensuring that once a member of the Armed Forces has 
     notified the member's command that the member has been 
     sexually assaulted or raped, the command affords the member 
     an opportunity for transfer if a military protection order is 
     issued.

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