[Congressional Record Volume 156, Number 66 (Wednesday, May 5, 2010)]
[Senate]
[Pages S3166-S3167]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. KERRY:
S. 3311. A bill to improve and enhance the capabilities of the
Department of Defense to prevent and respond to sexual assault in the
Armed Forces, and for other purposes; to the Committee on Armed
Services.
Mr. KERRY. Mr. President, I am deeply troubled by the increasing
number of sexual assaults in the U.S. military. Not only is sexual
assault a crime that is incompatible with military service, but it also
undermines core values, degrades military readiness, subverts good will
and forever changes the lives of victims and their families.
We know from the Defense Department's 2009 Report on Sexual Assault
in the Military that the number of reported sexual assaults in the
military
[[Page S3167]]
increased substantially last year--a trend that has continued for the
last couple of years.
Unfortunately, according to the Pentagon, we also know that while
improvements have been made, the number of sexual assaults in the
military actually reported is far below the estimated number of
assaults that have actually occurred in the military. It is estimated
that only 10 to 20 percent of sexual assaults in the military are
actually reported.
Obviously, more needs to be done. That is why I have introduced the
Defense, Sexual Trauma Response and Good Governance, STRONG Act of
2010. This legislation builds on many of the common sense solutions
that were included in the December 2009 Report on Sexual Assault in the
Military, a report from the Defense Task Force on Sexual Assault in the
Military Services.
The Defense STRONG Act of 2010 would guarantee legal counsel from a
Judge Advocate General to all sexual assault victims, whether or not
they file restricted or unrestricted reports. Currently, anyone who
files a restricted report cannot seek legal counsel. Seeking legal
counsel triggers an investigation, which, in turn, makes that report
unrestricted--that is, it is no longer confidential and the chain of
command is notified.
A directive issued by the Department of Defense in 2005 omitted Judge
Advocate Generals and civilian lawyers trained in military law from the
list of individuals that a victim can seek guidance and assistance
from. The only individuals on the list are Sexual Assault Response
Coordinator's, SARCs, Victim Advocates, VAs, health care personnel, and
chaplains--none of whom are likely to have legal training. But it is my
belief that the victim of a sexual assault should have the right to
legal counsel no matter what.
In its report, the Defense Task Force on Sexual Assault in the
Military Services also found that victims are not offered appropriate
privileged communications. The report noted that there are 35 states
that currently have a privilege for communications between Victim
Advocates and victims of sexual assault. However, because no privilege
exists in military proceedings, defense counsel are able to identify
Victim Advocates as a potential defense witness in a court-martial.
There have been multiple occasions in which information was obtained
from Victim Advocates in court-martial proceedings and used to try to
undermine the credibility of a victim with cross examinations
highlighting inconsistencies in prior statements.
There are certain roles that I believe are inherently governmental
and certainly one is the role of Sexual Assault Response Coordinator,
which should be filled by either a uniformed servicemember or a DoD
civilian employee, not a contractor. The Defense Task Force on Sexual
Assault in the Military Services agreed. So this legislation would
require one Sexual Assault Response Coordinator per brigade, filled by
either a full-time military servicemember or a DoD civilian employee.
Moreover, this legislation also would require that Victim Advocates
be either a uniformed servicemember or a DoD civilian employee. At the
battalion level, there are usually two part time Victim Advocates. The
Defense STRONG Act would require that there be at least one-full time
Victim Advocate at each battalion, or battalion equivalent.
Another issue that has long plagued the DoD's ability to adequately
respond to and prevent sexual assaults in the military is the lack of
standardization amongst the services. The Defense STRONG Act would
require the DoD to standardize much of their certification programs in
a manner modeled after the Defense Equal Opportunity Management
Institute, training Sexual Assault Response Coordinators as well as
Victim Advocates. Standardization and professionalization would
drastically impact readiness.
This legislation would also require the Department of Defense to
develop modules specific to each level of Professional Military
Education. By doing so, we could ensure that military leadership is
aware of all available resources. This provision would also encourage
the Department of Defense to craft each level of Professional Military
Education to the level of responsibility as military leadership get
promoted.
Elevating the Director of the Sexual Assault Prevention and Response
Office to the Senior Executive Service level was another recommendation
put forth by the Defense Task Force Report. A senior leader in this
office is necessary in order to obtain resources and provide the
attention this issue requires, much like the Defense Military Equal
Opportunity Office and the Office of Military and Community Family
Policy. Leadership at the senior level has already proven instrumental
in helping advance the DoD's efforts in overcoming domestic violence
and discrimination and could be just as helpful in combating sexual
assaults.
While there is no magic formula for solving a problem that has long
plagued the Department of Defense, I believe these provisions will
strengthen the DoD's ability to respond to cases of sexual assault and
prevent future cases from occurring.
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