[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

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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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