[Congressional Record Volume 155, Number 21 (Tuesday, February 3, 2009)]
[Extensions of Remarks]
[Page E186]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         THE MILITARY DOMESTIC AND SEXUAL VIOLENCE RESPONSE ACT

                                 ______
                                 

                     HON. LOUISE McINTOSH SLAUGHTER

                              of new york

                    in the house of representatives

                       Tuesday, February 3, 2009

  Ms. SLAUGHTER. Madam Speaker, I am proud to reintroduce the Military 
Domestic and Sexual Violence Response Act. This important piece of 
legislation will ensure greater protections for service members and 
their families if they become victims of violence. It also will 
strengthen programs to prevent violence against fellow soldiers and 
military families.
  Unfortunately, sexual assault and domestic violence are pervasive and 
serious problems throughout all branches of the military. In March 
2008, the Department of Defense (DoD) released their fourth annual 
sexual assault report, which stated that there were 2,688 reports of 
sexual assault in 2007. Although this is down from the 2,947 
allegations of sexual assaults reported in 2006, the DoD changed their 
reporting requirements from calendar year to fiscal year, so there is 
no way to tell if this reflects a decrease in sexual assaults or not. 
In 2006, there was a 24 percent increase in reported sexual assaults 
compared to 2005. In 2004, the DoD reported 9,000 incidents of spousal 
abuse. A 2005 Sexual Harassment and Assault Survey of the Service 
Academies found six percent of females and one percent of males said 
they were sexually assaulted in 2004-2005, and less than half the 
females who experienced sexual assault reported it. In this same 
survey, 60 percent of female cadets indicated sexual harassment was 
about the same as when they first enrolled at their academy.
  While the DoD has been making efforts to improve its prevention and 
response to domestic and sexual violence, victim services remain 
incomplete and inconsistent among the various branches. There have been 
reports that victims advocates, charged with protecting the victim's 
rights, have been denied resources to do their job, and in some 
instances been forced off the base all together. Furthermore, DoD 
policies are not codified in the Uniform Code of Military Justice 
(UCMJ) and do not offer the same level of rights and protections 
afforded to civilian victims. Perhaps most importantly, victims are 
unable to seek confidential counseling and treatment without fear that 
their records might become public if they press charges against their 
assailant.
  My bill, the Military Domestic and Sexual Violence Response Act, 
seeks to bring military law up to par with civilian laws by 
establishing a comprehensive approach for the military to address 
domestic violence and sexual assault among our soldiers. Specifically, 
this bill will:
  Establish an Office of Victims Advocate (OVA) within DoD, bring the 
Family Advocacy Program under OVA, and create a Director of OVA to 
oversee and coordinate efforts to prevent and respond to cases of 
family violence, domestic violence, sexual assault, and stalking with 
the military and among military families
  Codify rights, restitution policies, treatment and other services for 
victims within the UCMJ, including creating comprehensive 
confidentiality protocols to protect the rights of victims within 
military law
  Strengthen policies for reporting, prosecuting and treating 
perpetrators of violence
  Create counseling and treatment programs through the Department of 
Veterans Affairs
  The military should be at the forefront of prosecuting assailants and 
setting the highest standards for treatment of service men and women, 
or military family members, victimized by sexual assault and domestic 
violence. Our Armed Forces must be able to guarantee the most basic 
protections to ensure these victims can receive necessary counseling, 
treatment, and justice.
  If a victim cannot access essential care for fear of stigma, threats 
to their career, or because they just do not know what resources are 
available, the military will continue to lose valuable female and male 
soldiers. These men and women who serve our country in uniform put 
themselves in harms way to protect our nation from threats at home and 
abroad. They deserve the same rights and protections as the civilians 
whose freedoms they protect. My bill ensures service members are 
adequately protected when dealing with the horrible tragedy of sexual 
assault or domestic violence.
  Do not allow our brave service members to be victimized twice, once 
by their perpetrator and then again by the military's lack of 
appropriate, compassionate, and confidential treatment and response.
  Madam Speaker, I encourage all Members to join me in cosponsoring the 
Military Domestic and Sexual Violence Response Act.

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