[Congressional Record Volume 158, Number 85 (Thursday, June 7, 2012)]
[House]
[Pages H3583-H3584]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1020
SEXUAL ASSAULT IN THE MILITARY
The SPEAKER pro tempore. The Chair recognizes the gentlewoman from
California (Ms. Speier) for 5 minutes.
Ms. SPEIER. Mr. Speaker, I have now come to the floor some 21 times
to tell the story of survivors of military sexual assault and the
institution and culture that failed them. Some would tell you that the
military has learned from their egregious mistakes and that they are
largely now addressing this problem. The situation I'm describing to
you today is happening right now and flies in the face of what we are
being told by our military and the Members of Congress who believe that
they have this problem under control.
Recently, a San Antonio newspaper began reporting on a scandal at
Lackland Air Force Base that is growing by the day. So far, at least
four Air Force instructors have been charged with sexual misconduct
with at least 24 trainees. Like many cases of rape and sexual assault,
the perpetrators are not denying that they engaged in sexual
misconduct; they simply contend that the sex was consensual. It comes
down to the words of the accused and the accuser--the instructor
against the trainee. In the military, this usually means the
perpetrator gets off or receives a disproportionately small punishment
and the victim endures an arduous and humiliating legal process with
little sense of justice at the end.
Two of the women that have come forward were called over an intercom
2 days after they graduated from basic training last fall and asked to
leave their dorm and to meet their instructors. In a dimly lit supply
room, the women said they had sexual relations with their instructor.
``I was frozen,'' one of the women said, explaining that her mind was
racing. ``I tried to think.'' Both women said failure to follow orders
could cause them to be retained in basic training under the very
instructors that assaulted them.
While unnerved about the order to leave their dorms, they told
themselves it had to be legitimate. From the day they entered the
military, they had been trained--and required--to follow the orders of
their instructors, even those that didn't make sense. This may be hard
for some in the civilian world to relate to, but it is the constant
reality within our Armed Forces. It is ingrained in our military
servicemen and -women to follow the orders of their chain of command
and never, ever disobey. The justice system is also beholden to this
chain of command, but I will get to that a little bit later.
Staff Sergeant Luis Walker, a military instructor, is charged with
sexually assaulting 10 women, including sodomy and rape. Staff Sergeant
Kwinton Estacio is charged with sexual misconduct with one woman,
violating a no-contact order, and obstruction of justice. Staff
Sergeant Craig LeBlanc is charged with sexual misconduct of two women
trainees. Staff Sergeant Peter Vega-Maldonado has been charged and
convicted of sexual misconduct with one woman.
Staff Sergeant Vega admitted in a plea bargain to having sex with one
woman. His punishment? Ninety days in jail, 30 days of hard labor,
reduction in rank, and forfeiture of $500 a month in pay for 4 months.
After striking the deal with prosecutors, Vega admitted that he
actually had improper contact with 10 trainees.
Now, mind you, we are not firing these people. They continue to serve
in the military. Vega is not immune to further prosecution, but his
admission of guilt cannot be used against him in future procedures.
Each victim will have to come forward and the prosecution will have to
start from scratch. Vega will be forced to leave the Air Force, but
without a bad conduct discharge. Imagine that, without a bad conduct
discharge.
If the military is as vigilant as they say they are, how could such a
repetitive, widespread, and sickening behavior still be occurring? What
is being uncovered at Lackland flies in the face of what we are being
told by our military. Is this what zero tolerance means in the
military?
Former Air Force Secretary Whitten was quoted in the newspaper
saying:
The age-old problem is that you're putting very smart,
attractive people, marrying age, together in close quarters.
It's a circumstance that is difficult and really requires
restraint. Sometimes restraint is very difficult.
Secretary Whitten doesn't get it. The age-old problem in the military
is attitudes like this. The age-old problem in the military is a broken
justice system that delivers weak sentences, if any. The age-old
problem in the military is that nine out of 10 women Staff Sergeant
Vega has now admitted to committing sexual misconduct with have not
come forward because they know that the odds of getting justice are
slight and the odds of their careers being finished are great.
What is happening at Lackland Air Force Base should and needs to be a
wake-up call. This problem is happening now, and it is systemic.
Victims are still not coming forward because of what keeps
happening--backwards attitudes of blaming the victim, and
disproportionately weak sentences. Writing off survivors as women who
had consensual sex and now have regrets is insulting and I'm afraid how
many in our military see this problem.
The Department of Defense has so far been unable to appropriately
address this problem--and Lackland is proof of that.
We--Congress--need to act to circumvent the chain of command and give
discretion to an impartial office to determine and facilitate the
appropriate path for perpetrators and victims. We need to fix the
system that
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survivors who report are now facing, right the injustices suffered by
those that have already gone through this system and provide the care,
resources and understanding for these survivors to get better.
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