[Congressional Record Volume 158, Number 61 (Thursday, April 26, 2012)]
[House]
[Page H2142]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           STOP MILITARY RAPE

  The SPEAKER pro tempore. The Chair recognizes the gentlewoman from 
California (Ms. Speier) for 5 minutes.
  Ms. SPEIER. Mr. Speaker, I rise again for the 19th time to highlight 
the epidemic of rape and sexual assault in the military.
  By the military's own figures, 19,000 sexual assaults and rapes occur 
each year, but only 13 percent of the members of the military actually 
report them.
  Last week, I met with Secretary of Defense Leon Panetta, along with 
my colleagues, to discuss DOD's new report of data on rape and sexual 
assault in the military. The report shows a slight increase in reports 
of rape and assault but a startling decrease in the number of charges 
brought against reported perpetrators. With a decrease in charges came 
a significant decrease in prosecutions, in punishments, and in 
convictions. The numbers, frankly, are very discouraging.
  When I left the meeting, I was only pleased about one thing. 
Secretary Panetta and I agreed that the only way to solve this problem 
is with an increase in prosecutions. We agree on the results to be 
achieved, but for right now, we do not agree on the steps to achieve 
it.
  After our meeting, Secretary Panetta announced new initiatives, but 
DOD's three major proposals will not increase prosecutions, 
convictions, or punishments.
  Proposal one: elevate cases of rape and sexual assault to higher-
ranking officials in the chain of command. Military commanders today 
told me that many are already having them handled by colonels and 
captains, yet this does not result in more prosecutions. I believe the 
cases have to be handled by an impartial office within the military but 
outside the chain of command.
  Proposal number two: establish a special victim's unit in each 
service of the military. These units have been in place in the Army 
since 2009. I'm impressed with the training program that is offered to 
the various members of the investigation and prosecution within the 
Army. But again, we have not seen an increase in prosecutions, 
convictions, or punishments as of yet.
  Proposal three: create a centralized database of these proceedings 
and cases. This is a good thing. It's already required in the 
Department of Defense as a result of the NDAA 2009.
  So for all intents and purposes, all of these initiatives are already 
in place to some extent. The problem is the chain of command, and let 
me explain.
  Claudia Castillo, an Army corporal whose attempts for justice back in 
2003 and 2004 were thwarted repeatedly by commanding officers, 
including a high-ranking lieutenant colonel, all of whom were unmoved 
by her reports of sexual assault and harassment.
  Corporal Castillo was on combat deployment in Iraq when she awoke to 
a fellow specialist on top of her sexually assaulting her and using 
force. She was in shock and screamed until he left. She immediately 
reported the assault to her platoon sergeant, who responded with a lack 
of surprise or concern. He advised her to wait while he ``looked into 
it.'' He did not have any advice for how she could get help or go 
forward.
  Corporal Castillo also encountered several incidents of harassment, 
stalking, and erratic behavior by a much older staff sergeant. She 
would wake up to find him standing by her bed while she slept. Her 
reports to command were greeted by ridicule and not taken seriously.

                              {time}  1050

  Command discretion empowers a commander to decide if the case goes 
forward to a court-martial. Even if very high-ranking commanders are in 
charge of these cases, captains and colonels are not shielded from the 
conflicts of interest that exist in the chain of command.
  Victims should have the benefit of impartiality by objective experts, 
which is why my bill, H.R. 3435, attempts to do that. We need to 
overhaul the current military justice system, and I will continue to 
tell stories like Corporal Castillo's until military justice means 
justice for all.

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