[Congressional Record Volume 159, Number 165 (Tuesday, November 19, 2013)]
[Senate]
[Pages S8145-S8151]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SEXUAL ASSAULT IN THE MILITARY
Ms. MIKULSKI. Mr. President, today we, of course, are beginning the
debate on the National Defense Authorization Act. Throughout the next
hour, and throughout the rest of the day, you will see the women of the
Senate take the floor, one, in support of our military but also to
express their concern and their ideas on how to deal with sexual
violence in the military. You will see in the next hour our ideas--the
fact that we have excellent ideas in the bill--and then we will have a
robust debate on how to even further enhance this process.
This is a compelling national problem. When you join the military and
you face the enemy, you should not have to fear the enemy within. No
woman should be a victim of rape by a fellow soldier or seaman or
corpsman. No man should face the same sexual attack and call it hazing.
There is no place in the U.S. military for violence against one member
of the military by another.
I am pretty fed up. I am fed up with lip service and empty promises
and zero tolerance policies and task force after task force after task
force. I am an old-timer in this institution. I have been here for 25
years, and I have worked on this issue every year. Ever since I first
came here there has been some repugnant occurrence--from when I was a
brandnew Senator and I had to deal with a situation at the Naval
Academy where a female midshipman was chained to a urinal at the Naval
Academy and taunted for 3 hours by fellow midshipmen, until she was
freed by a visiting Air Force cadet, getting her out of handcuffs at
her own Naval Academy. Then there was Tailhook. Then there were other
kinds of incidents.
Statistics after statistics. There are 26,000 reasons why we are on
the floor today. Mr. President, 26,000 sexual assaults have occurred in
our U.S. military this past year.
Then we look at the service academies training the future leaders--15
attacks at the Naval Academy, 15 attacks at West Point, and over 50
attacks at the U.S. Air Force Academy.
Now is the time to do something, to do something bold, to do
something strong and something unequivocal, something victims can have
confidence in, where the accused can feel the process will be fair and
we restore the confidence in the U.S. military to stop this and to deal
with their own.
I am proud of the leadership taken by the women in the Senate and the
women on the Armed Services Committee. There are now seven women on the
Armed Services Committee--five Democrats and two Republicans. Wow, do
they work on a bipartisan basis with the leadership of the committee.
We appreciate the work of the fine men who have supported us in dealing
with this issue. We particularly thank Chairman Levin for his
leadership, and we acknowledge the role of Senator Inhofe. By the way,
all of the women of the Senate wish to express our sincere condolences
to Senator Inhofe on the loss of his beloved son, Dr. Perry Inhofe.
This is not just a women-only fight. This is a fight to make sure our
military continues to be the best in the world and that when you serve,
there is an enemy outside that we will always face, but there is an
enemy within that we need to now end.
We, the women of the Senate--all of us--agree on the goals. We want
to be able to provide prosecutorial tools for punishment, we want to
ensure fairness in the process, and we want to make sure we get help to
the victims.
The National Defense Authorization Act has more than 30 reforms in it
to accomplish that. Thirteen relate to prosecutorial reforms, 10 are
reforms to improve victims' services, 2 reforms
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are to improve training of first responders, and 5 also deal with
various kinds of reporting.
I am so pleased that the bill works to prevent retaliation against
someone who reports a crime. So if you feel you have been a victim of
sexual assault you are not retaliated against by stepping forward,
where you are then doubly victimized, both by the attack and then by
those who want to squelch the fact that you want to bring the attack to
the surface and to follow some kind of redress and to also get help.
It also eliminates the statute of limitations on courts-martial for
sexual crimes. It requires a review of decisions by commanders not to
prosecute and requires dishonorable discharge for anyone convicted of a
sexual assault.
The bill ensures that every victim gets access to legal counsel and
support. This is very important. It is important not only to me and the
other women, but it is important to the person who would be injured.
First responders must have training in sexual assault. There are others
that could be elaborated on.
Sexual assault in the military continues to rise. It is a problem, as
I said. I am worried about the men and women every day, to be sure that
they are well trained and well protected.
Unfortunately, many of these acts of violence are unreported,
unprosecuted, and unpunished. DOD's own annual report gives us a
picture of why victims do not report these crimes. Fifty percent do not
think anything will be done, 43 percent believe they will not be
believed, and 47 percent are afraid of retaliation.
The reforms in this bill deal with those fears and their concerns. We
are ready to reform, revise, and standardize how the military deals
with these problems. These reforms will change the way the military
thinks and how they act.
During the course of this whole process, we have met with victims and
heard their stories, we have met with experts and advocates, we have
met with the military themselves. Now we are ready to give all
concerned in this a voice by using the Defense bill for a vehicle for
serious and significant reform. We have been able to do this because we
have worked together on both sides of the aisle, working with the
leadership of the committee--30 reforms that people can count on for
fairness in the process for the accused but also help to those who feel
they have been victimized but to be sure they are not victimized by the
very system they count on.
I eagerly look forward to hearing from my senior Republican colleague
Senator Collins.
I yield the floor.
The PRESIDING OFFICER. The Senator from Maine.
Ms. COLLINS. First, I wish to commend the senior Senator from
Maryland, the dean of the women Senators, for organizing this debate
today on an issue that concerns each of us; that is, the growing crisis
of sexual assault in the military.
I first raised my concern over the military's inadequate response to
the growing crisis of sexual assault nearly 10 years ago. I remember it
well. It was a hearing before the Senate Armed Services Committee in
2004, at which I expressed my growing alarm about the number of sexual
assaults in the military and the inadequate response by the leaders of
the military to provide adequate care for the survivors and to ensure
appropriate punishment for the perpetrators of these reprehensible
crimes.
In an exchange I had with GEN George Casey, I stated the military
needs to be much more responsive to reports of sexual assault,
particularly in the field, and to separate these women and, in some
cases, the male victims, from their alleged attackers. The Department
must also vigorously prosecute offenders and hold commanders
accountable for establishing zero tolerance policies.
To say that General Casey's response was disappointing would be an
understatement. I am convinced that if the military had heeded the
concerns that I and others such as Senator Mikulski raised a decade
ago, this terrible problem would have been addressed much sooner,
saving many individuals from the trauma, the pain, and the injustice
they endured.
Back then, sadly, the attitude of the high-ranking officials who were
testifying at that 2004 hearing was dismissive, even though these
crimes never should have occurred in the first place, traumatized the
survivors, and eroded the trust and discipline that are fundamental to
every military unit. Thankfully, the attitude I perceive amongst senior
military officers today is markedly different from the one I
encountered 9 years ago. The work of translating the military's stated
policy of zero tolerance into reality, however, remains unfinished
business. Fostering a culture of zero tolerance so that the number of
assaults is greatly diminished remains a goal, not reality. Ensuring
that survivors do not think twice about reporting an assault for fear
of retaliation or damage to their careers is still not part of the
military culture.
In 2011, I joined our former colleague John Kerry in coauthoring the
Defense STRONG Act as an initial step to address this crisis.
Provisions of that bill were signed into law as part of the fiscal year
2012 National Defense Authorization Act. They provide survivors of
sexual assault the assistance of advocates with genuine
confidentiality. They provide guaranteed access to an attorney and
expedited consideration to be transferred far away from their
assailant.
Earlier this year I introduced the Coast Guard STRONG Act to extend
these protections to Coast Guard members. I thank Chairman Levin,
Ranking Member Inhofe, and Senator McCaskill for their work to include
these provisions in this year's NDAA.
More than anything, survivors need to have the confidence that the
legal system in which they report a crime will produce a just and fair
result. Based upon data from the Department of Defense's most recent
sexual assault prevention and response survey, that view is not held by
enough servicemembers or survivors.
As a result, I have supported and introduced legislation with
Senators Gillibrand and McCaskill aimed at reducing the barriers to
justice that many survivors of sexual assault currently face in the
military.
I commend both Senator Gillibrand and Senator McCaskill for their
extraordinary leadership and dedication to resolving this unacceptable
problem.
Let me also thank Chairman Levin and Ranking Member Inhofe for
incorporating significant provisions from both bills into the NDAA.
In fact, there are more than 26 provisions specifically targeting
sexual assault in the military in the bill that we are debating today.
For example--and there are many, but I wish to highlight one because it
was part of a bill Senator McCaskill and I introduced--the legislation
mandates a dishonorable discharge or dismissal for any servicemember
convicted of sexual assault. This came from a bipartisan, bicameral
bill, the BE SAFE Act, that I introduced with Senator McCaskill,
Congresswoman Niki Tsongas, and Congressman Mike Turner earlier this
year.
In addition, the NDAA eliminates the ability of a convening authority
to overturn a conviction by a jury post-trial for major offenses.
It permits a commander to relocate an alleged perpetrator of a sexual
assault crime rather than relocating the survivor following an attack.
It eliminates certain factors, such as the alleged character of the
accused, that a commander can consider in deciding how to dispose of an
offense so that these decisions are based on evidence and the law.
Finally, the bill includes a provision I support that requires the
military to provide an attorney dedicated to the interests of survivors
of sexual assaults who can provide legal advice and assistance when
survivors need such assistance the most.
There are many other important provisions that are included in this
bill. Our work will not be complete until the Pentagon has demonstrated
that it is fully enforcing its stated policy of zero tolerance for
sexual assault.
There are strong views in the Pentagon and in Congress on how best to
address this issue beyond the 26 provisions in the bill before us.
There is much debate on what it means for the military's unique legal
system.
One of the criticisms I have heard is that we should wait a few more
months for the results of still more studies or
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perhaps even wait a few more years to see if recently enacted
provisions have made a difference. I strongly disagree. How many more
victims are required to suffer before we take additional action? How
many more lives must be ruined before we act? Rather than waiting for
the results of yet more studies, we must debate proposals to increase
the confidence of survivors and increase prevention efforts now until
we have proved that the military has, indeed, fostered a culture of
zero tolerance in which survivors are no longer concerned about
retaliation from their peers or even their commanders.
This is why I have decided to support Senator Gillibrand's amendment
to this bill. This was not an easy decision, as there are valid
arguments on both sides. Senator Gillibrand's amendment takes aim
squarely at the problem of victims failing to report sexual assault. In
my judgment, her amendment will encourage more victims to report sexual
assaults, and that is absolutely critical.
There can be no question about the Senate's commitment to reducing
the instances of sexual assault in the military and to providing
appropriate care for survivors. As we debate various proposals, we are
united by the need for the serious reforms that are included already in
this bill and that will enhance the military's response to sexual
assault.
I wish to thank all of those on the Armed Services Committee,
particularly the two leaders, Senator McCaskill and Senator Gillibrand,
for their excellent work.
I am certain our work on the NDAA will make a real difference in
reducing unnecessary suffering, injury, and injustice.
The PRESIDING OFFICER. The Senator from New Hampshire.
Ms. AYOTTE. I thank my colleagues Senator Collins and Senator
Mikulski for their leadership on this issue and for bringing this
important discussion to the floor today.
I also thank Senator Murkowski, who I see in the Chamber as well, who
has been a leader. Also, I thank Senator McCaskill, who has been a
leader in the Armed Services Committee with me.
This has been an issue that has brought people together. It has
brought people together for the right reasons. This is an issue that
the women of the Senate have really driven, but it is important to
understand that this is not a woman's issue. The issue of ending sexual
assaults in our military is an issue for everyone. This is an issue
about justice. This is an issue about fairness. This is about making
sure that victims of crimes, both men and women, get the justice they
deserve, the support they deserve in our military, and that they
understand and appreciate that we want them to have a climate in the
military where if they are a victim, they can come forward and receive
the support they need and that they deserve.
Finally, this is also about the character of our military. We are
blessed to have the very best military in the world, but when there is
a plague of sexual assaults such as we have seen in our military, it
undermines the very fabric of our military in terms of our readiness,
in terms of our preparedness, and in terms of the cohesiveness of our
units.
This is why it is not only important that we address and support the
victims of these crimes, that we end sexual assault in our military,
but that we have a climate in our military that says: If you are a
commander and you do not stop sexual assaults, prevent sexual assaults,
have a climate in your unit that says zero tolerance, this is not going
to happen; if a victim comes forward in your unit and you don't handle
this the right way, do the right thing, support victims, and ensure
that perpetrators are held accountable, you will be relieved from
command.
That is the climate in which all of the reforms in this Defense
authorization are brought forward, where we work together across the
aisle with very strong provisions to support victims.
One of those provisions is a special victims counsel. Senator Patty
Murray and I introduced a bill, stand-alone, to ensure, based upon a
pilot program in the Air Force, that victims of sexual assault will
actually now have their own lawyer, someone to represent them and their
interests, to know that if they come forward there is someone looking
out for them. That is one of the provisions contained in this Defense
authorization bill, to ensure that every victim will have someone who
stands for them.
In addition to that is retaliation. We have now made retaliation
against victims a crime under the Uniform Code of Military Justice.
This is to say to victims that if they come forward and for some reason
are retaliated against, then whoever does that will be guilty of a
crime. This is sending the message to please come forward, we want to
support you, and we want to be sure the perpetrators are held
accountable.
In addition, I believe that if we want to solve this problem, the
provisions in this bill that people have worked together on are very
strong. I thank the chairman of the Armed Services Committee and the
ranking member for their work together.
We are going to pass in this Chamber unprecedented reforms that
ensure that the military understands this is not an issue anymore that
can be left in the closet. This is not an issue that can be quietly
spoken of where victims feel they can't come forward. The reforms in
this bill are very tough. They support victims. They hold commanders
accountable, and they make sure we do not see what we have seen in the
past, things such as commanders overturning the verdicts. That will be
done under this bill. That is not allowed anymore if this bill passes
on the floor.
So I simply come to the floor today to say there is so much we have
agreed upon that is going to address this issue in the military, and I
thank all my colleagues on the floor today for their leadership. We
will not let this rest. The one thing I do know, for those of us who
serve on the Armed Services Committee and those who are here in the
Chamber who do not serve on the Armed Services Committee but serve on
other important committees, including the Appropriations Committee,
despite the unprecedented reforms I believe we are going to pass on a
bipartisan basis to end sexual assault in the military and to ensure
victims are supported, we are not going to let this go. This is not
going to be something where we pass these reforms and that is the end
of the story. Every few months we are going to be asking: What have you
done to implement these reforms? Every few months we are going to be
expecting a report back to the Senate to ensure that what we all have
intended to occur here--that is the right thing for victims of crime,
that is the right thing for our military--is getting done.
So while I am very proud of everything we have done and we will do
when we pass the Defense authorization bill on a bipartisan basis to
stand against sexual assault in our military, this is not the end of
the story. We will continue to pursue this to make sure that our
military understands they are accountable, that victims of crime
understand that while in the military they will be supported, that we
will not let this go.
I thank the Chair and my colleagues for their leadership and
everything they have done to support victims of crime and to end sexual
assault in our military.
The PRESIDING OFFICER. The Senator from Washington.
Ms. CANTWELL. Mr. President, I rise to join my colleagues in
highlighting the epidemic of sexual assault in our Nation's armed
services, and I am glad to join many of my colleagues here--the
Senators from Maine and New Hampshire and our leader, the Senator from
Maryland--in making sure the voices of women are heard in this debate.
We know that in May 2013 the Defense Department released a report
that showed 26,000 incidents of unwanted sexual contact among
servicemembers. That is an increase of 35 percent over 2 years.
In my State, Washingtonians are very proud of the incredible men and
women who keep our country safe and defend us, and we are proud of the
10 military installations across our State. There are more than 65,000
men and women serving in military installations in the State of
Washington--places such as Joint Base Lewis-McChord, the Puget Sound
Naval Shipyard, Naval Station Everett, Naval Base Kitsap, Whidbey
Island Naval Air Station, Bangor Naval Submarine
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Base, and Fairchild Air Force Base. So we took it seriously when there
were 116 reports of sexual assault across all of these installations in
the State of Washington in 2010. That number is too high, and that is
only the amount that is being reported. We know there may be many
assaults that go unreported.
As my colleagues are saying, we need to do everything we can to
address this problem. I am pleased that Joint Base Lewis-McChord is
developing a sexual assault prevention program, and I urge my
colleagues in the Senate to act to address this epidemic problem. The
men and women of our Armed Forces are basically defending our country,
so why are we leaving them unprotected while they serve?
I have cosponsored legislation authored by my colleague the senior
Senator from Washington to provide special victims' counsel to victims
of sexual assault. This will ensure that professionals trained in
dealing with sexual assault are there to support the victims.
There may be differing opinions on how best to achieve the overall
goals of reducing sexual assault in the military, but I believe all my
colleagues can agree on one common goal: protecting the victims from
further abuse. We need to put an end to an environment that allows
sexual assault to occur and that lets the perpetrators go unpunished
and discourages victims of sexual assault through fear and
intimidation. Again, we may differ on how to best achieve that goal,
but we are all here to say the same thing: Enough is enough. We will
not tolerate sexual assault in the military and Armed Forces, and we
owe it to our servicemembers to come together and act toward a solution
today. That is why my colleagues are here--to emphasize this point in a
way that speaks volumes about how this tragedy is affecting men and
women in the armed services and the fact that this institution needs to
come together to address it.
I thank the Chair, and I yield the floor.
The PRESIDING OFFICER. The Senator from Alaska.
Ms. MURKOWSKI. Mr. President, I thank my friends, the good Senator
from Maryland, the dean of the women in the Senate, and the Senator
from Maine, who have organized this portion of the debate this morning.
I acknowledge and thank the other women of the Senate who are here this
morning to speak on an issue we would all agree is something that must
be addressed and that for far too long has not seen the redress it
commands. So we stand together unified in an effort to truly make a
difference.
I acknowledge the good work particularly of Senators McCaskill and
Gillibrand, who have worked to raise the awareness of sexual assault in
the military. They have truly advanced the discussion to the point
where for the first time in far too long we will make substantive,
meaningful headway when it comes to addressing sexual assault, sexual
harassment, and what has been called or referred to as military sexual
trauma. Working together I think we do have that momentum, that push to
truly address these areas in a meaningful way.
When the Senate passes the National Defense Authorization Act for
2014, it will be evident to all that we have sent a very strong message
on these issues--a very united message, clearly bipartisan.
It should be clear to all who have been following the debates--first
in the Armed Services Committee and now here on the floor--there are
differences of opinion within this body about how we address the
crisis. But there is no difference of opinion that we must address the
crisis. That means how to create a culture that prevents the kinds of
incidents we are talking about from ever occurring; how we work to
protect the rights of victims; how to ensure that justice and
accountability are achieved in an open and transparent fashion so that
victims know there is a system that works for them and so that our
constituents know and we here in Congress have that confidence again.
Right now that confidence does not exist.
We recognize that there remain differences across the body in how to
achieve the elimination of sexual assault, sexual harassment, and
military sexual trauma. I believe the amendment offered by our
colleague from New York Senator Gillibrand is the best medicine for a
difficult situation that has been allowed to languish for far too long.
This afternoon I intend to spend a little more time explaining why
the amendment of Senator Gillibrand, although it is strong medicine and
it is disruptive of the status quo, is the right way to go. But my
purpose this morning in joining with my female colleagues here in the
Senate is not to argue for or against one amendment or another; it is
to point out that the NDAA, as reported by the Armed Services
Committee, includes many provisions--so many provisions--that truly
have a positive impact going forward.
I would also point out that during the course of our debate on the
NDAA, the Senate may consider other amendments that enjoy broad
support. My colleague, the Senator from California Mrs. Boxer spoke
eloquently last night about her amendment that will protect victims'
rights in article 32 proceedings. This amendment has drawn good, strong
support from those who support the approach of Senator Gillibrand as
well as those who oppose it. I am proud to cosponsor the amendment of
Senator Boxer. It is good legislation, and I hope we can come together
to adopt it.
I have submitted amendment No. 2141. This ensures that cadets and
midshipmen at our Nation's service academies have access to special
victims' counsel and sexual assault nurse examiners. Another of my
amendments, No. 2143, requires reports from the heads of our service
academies on the services available to victims of military sexual
trauma. I would certainly hope these noncontroversial amendments can be
offered and accepted at the appropriate time.
I think all of these ideas--those mentioned by my colleague from New
Hampshire, those addressed by my colleague from Maine and others--will
all help to make a difference, but I think we recognize that this is
just the beginning of solving the problem. The Congress of the United
States can encourage good behavior and can sanction bad behavior, but
what we cannot do is legislate good culture.
Over the next few days we are going to hear a good many words about
the importance of the chain of command in maintaining good culture.
Some will argue that our efforts to ensure bad behavior is sanctioned
will cause the chain of command to abandon this responsibility. I don't
accept this proposition. Regardless of how we dispose of the amendment
of Senator Gillibrand or the amendment of Senator McCaskill, it is the
responsibility of the chain of command to provide for good order and
discipline and sound military culture always. This is a nondelegable
duty of those who accept positions of leadership and responsibility
within our Armed Forces.
Those who wear the uniform reflect the values of this country, and
every action they take must uphold those values. Sometimes, though, one
has to wonder, does the chain of command get it? To illustrate a point,
I want to share a sad story. This is a story Senator Gillibrand and I
share.
The soldier's name was Danny Chen. He grew up in New York City's
Chinatown. He joined the Army, and he was assigned to Fort Wainwright
in Fairbanks, AK. From there he was deployed to Afghanistan. He was
found dead in Afghanistan of what the Army described as ``an apparent
self-inflicted gunshot wound.''
New York Magazine describes his experience in Afghanistan this way: A
group of his superiors allegedly tormented Chen on an almost daily
basis over the course of about 6 weeks in Afghanistan. They singled him
out. He was their only Chinese-American soldier. They spit racial slurs
at him. They forced him to do sprints while carrying a sandbag. They
ordered him to crawl along gravel-covered ground while they flung rocks
at him. One day, when his unit was assembling a tent, he was forced to
wear a hard hat and shout out instructions to his fellow soldiers in
Chinese.
Danny Chen's story is not about sexual assault or sexual harassment,
but it is about harassment. It is about the kind of extreme behavior
that has no place--absolutely no place--in the Armed Forces of this
world's greatest democracy, just as sexual harassment and military
sexual trauma have no place in our Armed Forces.
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This week we have the opportunity to send a strong statement to the
chain of command that they need to clean up the culture. Never again
should we have to speak of a culture that allows harassment, assault,
and trauma generated from within to fester within our military.
So I join with my colleagues this morning in unity for the victims
and for a change--a change that will realign the reality that our
servicemembers seem to face in the Armed Forces with the values of the
greatest democracy on Earth.
I thank the Chair and my colleagues, and I yield the floor.
The PRESIDING OFFICER. The Senator from Minnesota.
Ms. KLOBUCHAR. Mr. President, I rise today to speak on the National
Defense Authorization Act and how the Senate, and particularly the
women of the Senate, are working to address the crisis of military
sexual assault.
I thank Senators Mikulski and Collins for organizing and bringing us
together this morning. I thank Senators Levin and Inhofe for their
leadership, and I thank Senators McCaskill and Gillibrand for working
on this critical legislation over the course of the past year. Of
course, I thank all of the women of the Senate. We have heard from many
of them this morning and will hear from more because this is an
incredible year--a year that I hope will be remembered as a decisive
one in the effort to eradicate military sexual assault once and for
all.
We are all too well aware that sexual assault continues to plague our
Armed Forces. We have all seen the horrifying numbers. In 2012, the
Department of Defense received 3,374 reports of sexual assault in the
military. But by the DOD's own estimates, 26,000 incidents of unwanted
sexual contact actually took place during that period. That means that
only 12.9 percent--a small fraction--of all incidents were actually
reported. Of the 3,374 reported offenses in 2012, only 880 faced
command action for sex crimes. Of those 880, 594 faced court-martial,
and 302 of those courts-martial resulted in convictions.
So all in all, we have a situation in which 880 people faced any kind
of discipline for a sex crime out of the universe of 26,000 potential
incidents. That is only 3.4 percent of total of incidents in which
someone was held accountable, and only 302 or 1.1 percent were actually
convicted of a crime. That is not a good set of numbers, and it sums up
why this problem has been festering and why we need action this year.
But I think we also know that we are not all here because of the
statistics. We are here because of real people and because each and
every one of the numbers is a personal story of grief, and we know them
all too well. Whether it was the sexual assault scandal last year at
Lackland Air Force Base in Texas where a dozen or more basic training
instructors were accused of sexually assaulting female trainees or the
more recent case at the air base in Italy, where an Air Force general
decided to reinstate a pilot, without explanation, despite the fact
that this pilot had been convicted of sexual assault charges in a
court-martial by a jury of his peers.
I think of Kimberley Wellnitz from Mora, MN. She served with the
Marines in Iraq. In 2005, she was handcuffed to a bed and assaulted by
a fellow Marine--her supervisor. She reported him. The end result? He
was demoted in rank.
It is clear we have so much more to do in addressing this problem. It
doesn't just hurt our men and women in uniform. It undermines the
integrity of our Armed Forces and the integrity of our country, and
that is why we can't let it continue.
I know everyone in the Senate--and none more than the women of the
Senate--wants action to change this intolerable situation. And action
is what we are going to get. This year's National Defense Authorization
Act contains more than two dozen unprecedented reforms which will
increase reporting of these crimes, provide support to victims, and
help rebuild trust in the military's handling of sexual assaults.
As a former prosecutor who ran an office of 400 people, I learned
over time that the outcomes are incredibly important. But just as
important is how people feel about how they are treated in the system.
Every year we did a survey of our victims of domestic abuse and of
sexual assault, and one of the aspects that became clear over time:
Just as important as how many months someone got in prison was whether
or not the crime was explained to them, whether or not the process was
explained to the victims, and whether or not the outcome was explained.
We actually had people come back and say: I know this case had to be
dropped; or I know you couldn't bring charges in this case, but I felt
that you treated me with respect, and I understood that my case would
still remain so that if another case came forward my record would be
there, my report would be there. If the facts were better or if there
was more evidence, you could go forward with it. That led me to get
involved way before this past year in the issues of record retention in
the military on sexual assault reports.
When I first got involved, we learned the shocking fact that many
branches of the military were destroying the records sometimes in 1
year, sometimes in 5 years. That is why Senator Olympia Snowe and I got
together and proposed changes to that system. We actually changed it so
records would be kept for decades. But the problem is that still in the
law, despite two changes we have made over the years on this exact
authorization act, the victim actually has to sign something and say
they want the records retained. That would not happen in a civil court.
Current law only requires retention of restricted reports--and that
is when a servicemember chooses not to take legal action--at the
request of the affected servicemember. This might seem innocuous, but
it is not. It is a loophole allowing for the continued destruction of
records, making it harder for service men and women who have been
sexually assaulted to get VA benefits for the assault or to seek
justice in the future.
I did an event with a former marine whose case couldn't be brought.
Because she was a marine, the records at the time were kept for 5
years. So when the perpetrator got out and raped two kids in
California, that prosecutor in California was at least able to look at
the records. Whether he could use them or not is somewhat immaterial.
It simply helps to look at the records to know what happened and if
there was a similar modus operandi.
A servicemember who has been through an assault should not be forced
to reach a far-reaching decision whether his or her report on such a
crime will be retained or not, as is what is happening right now. This
bill gets rid of the double standard between restricted and
unrestricted reports, ensuring all reports are stored in a secure and
private manner for at least 50 years. It also contains a provision from
my bill requiring the disposition of substantiated sexual-related
offenses be noted in personnel records. This will help ensure that
commanders are aware of potential repeat offenders. And it contains the
language from my Military Sexual Assault Prevention Act--and I thank
Senator Murkowski for her support--which expresses the sense of the
Senate that charges of rape, sexual assault or attempts to commit these
offenses should be disposed of by court-martial rather than by
nonjudicial punishment or administrative action. We want offenders to
be convicted and punished, not just given a slap on the wrist by
commanders or allowed to slink away without a discharge.
This year's NDAA also includes legislation which I introduced with
Senator McCaskill to add sexual assault and related charges to the list
of protected communications that can be investigated by the DOD
inspector general. This is expanded whistleblower protection which will
help ensure that servicemembers are able to report sexual assault
crimes without facing retaliation.
These are just a few of the provisions addressing sexual assault in
this bill. We also know this bill does so much focused on victims'
rights and treating our victims with the respect that they deserve.
Our country is fortunate that we have so many selfless service men
and women who volunteer to serve their country. When they raise their
hands to serve, we take on the responsibility to provide them the means
to accomplish their mission and to ensure they don't have to worry
about what is going on behind the front line. Sexual
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assault in the military betrays that responsibility. If in the course
of their service our service men and women experience an assault that
our military failed to prevent, then we owe them the basic decency of
justice.
I look forward to working on and passing this bill with my colleagues
so that we can protect our servicemembers once and for all.
Mr. President, I yield the floor.
The PRESIDING OFFICER. The Senator from Maryland.
Ms. MIKULSKI. Mr. President, we are seeing something pretty historic,
with over half of the women of the Senate speaking on this issue. I
know the press isn't covering this, but I hope with C-SPAN they are.
This is a bipartisan effort, with 30 reforms we have agreed to, and
it is very impressive that we are all here, speaking up with one voice,
and an occasional difference in goals. I hope America is watching
because this has never happened before.
I now turn to the Senator from Wisconsin for her remarks, then to the
Senator from Missouri, and then to the Senator from Washington.
The PRESIDING OFFICER. The Senator from Wisconsin.
Ms. BALDWIN. Mr. President, I rise this morning to speak about this
year's national defense authorization legislation and the important
reforms that are a part of the underlying bill to improve our
military's response to sexual assault within its ranks.
The men and women in our Armed Services serve with courage in defense
of our freedom every single day. In my eyes their service needs to be
respected by taking decisive action to address the ongoing crisis--in
fact, you can call it an epidemic--of sexual assault in the military.
We know the system is broken, and it is long past time we fix it.
I wish to share just one story from a remarkable and brave woman
named Rachel who lives in LaCrosse, WI.
Rachel joined the Army in 2004. She was sexually assaulted that same
year while she was stationed at Fort Meade in Maryland for advanced
individual training. After reporting her assault to her commanding
officer, Rachel was interrogated for hours over numerous days and
ultimately forced to drop the charge. She was written up for
fraternization, and her assailant was not charged with any crime.
As you can imagine, Rachel was deeply affected by the trauma of this
crime and continues to face struggles with post-traumatic stress
disorder. But Rachel is a survivor and a true inspiration. She has
turned her pain and courage into a platform for advocacy and service to
her community, working through her organization Survivors Empowered
Through Art to raise awareness about military sexual assault through
the power of art and storytelling.
Rachel's story is a reminder that she is not alone and that we must
do everything that we can to make sure that all victims of sexual
assault have the support they deserve. That is why I am heartened by
the many important reforms included in the 2014 National Defense
Authorization Act and very grateful to the bipartisan coalition, in
particular of women Senators who have worked so diligently to make this
change happen. In particular, Senators Gillibrand and McCaskill have
led the fight to make these improvements. Their efforts will make a
real difference in the lives of countless Americans by preventing
sexual assault in the military and greatly improving our support to
victims.
However, I believe more must be done to help victims of sexual
assault. That is why I am a proud cosponsor of Senator Gillibrand's
amendment, which would improve on these important reforms by removing
the prosecution of major crimes from the military chain of command.
Instead, military prosecutors would determine whether to move a case
forward, which would eliminate inherent bias and conflicts of interest
which currently deter victims from reporting sexual assault crimes in
the first place.
I am also filing an amendment to ensure we are including ROTC
programs in our conversations about military sexual assault. Just like
we must ensure our new officers from service academies meet our highest
standards, we must do the same of those commissioned in ROTC programs
across America.
I think the important improvements in this year's Defense
authorization show the great promise of what can be achieved if we work
together in a bipartisan way to get work done for the American people.
It is a tremendous privilege to be a public servant. It is a special
privilege to be the first woman elected from my State to the U.S.
Senate. One of the best parts for me is that I get to be a woman in the
Senate at a time when there are so many incredible other women in the
Senate to work with, to learn from, and to look up to. I expressly
thank my Senate colleagues who serve on the Armed Services Committee--
Senators McCaskill, Hagan, Shaheen, Gillibrand, Hirono, Ayotte, and
Fischer. I thank them for their work in guiding this process through
their committee in such an effective and bipartisan way. And my thanks
of course goes as well to Senators Levin and Inhofe for their
stewardship of these important provisions.
I thank Senators Mikulski and Collins for organizing today's floor
speeches. The cumulative total of those changes represents true
progress in eliminating the tragedy and scourge of sexual assault in
our military. I once again thank my colleagues for their bipartisan
work.
I yield the floor.
The PRESIDING OFFICER (Mr. Kaine). The Senator from Missouri.
Mrs. McCASKILL. Mr. President, I too thank my colleagues Senator
Mikulski and Senator Collins for making an effort today to highlight
the work that has been done on this important issue. I would be less
than candid if I did not say it has been frustrating to have one policy
difference dominate the discussion of this issue over the previous few
weeks, without anyone even realizing the historic reforms that are
contained in this bill. So I welcome the opportunity to come with my
colleagues who may disagree on one policy issue but do not disagree on
the goal and are taking a moment to recognize the work that has been
put into this bill by not just the women of the Armed Services
Committee but also the men of the Armed Services Committee.
After the hearings--and some of us have spent literally hundreds of
hours pouring over trial transcripts, spending time visiting with
prosecutors--I think we have fashioned historic and amazing changes
that are going to forever change the successful prosecution of rapists
in our military and go further to protect victims.
I come to this issue with a great deal of experience. I think it is
not hyperbole or overstating it that I have stood in the courtroom
prosecuting sexual predators more than any Member of the Senate. I have
handled hundreds and hundreds of cases and dozens and dozens of jury
trials. No one in this Chamber has intersected with victims of sexual
assault more than I have. I do not think anyone has more of an
understanding of the particularly complicated problems that these cases
present, especially when there is a ``consent'' defense.
Keep in mind that the vast majority of these cases in the military
are consent offenses. You have two options in a sexual assault case.
One is ``it wasn't me,'' and the other is ``it was consensual
activity.'' It does not take someone much to understand the principle
that in this instance most of these cases are going to be consent
defenses.
Why do I emphasize that? I emphasize it because it is relevant. It is
particularly relevant to the reforms that we embrace in the underlying
bill. The time period in which a victim decides she is going to come
forward out of the shadows and hold her perpetrator accountable is
invariably very close in time to the time of report. It is how she is
treated at that juncture more than anything else, more than whether she
has been victimized in the military or whether she has been victimized
on the streets of your hometown--she is coming forward with the most
personally painful moment of her life. Keep in mind if you are coming
forward with the most personally painful moment of your life how
complicated that gets if you know the defense is going to be that you
wanted it, that it is consensual, and then it is even more difficult.
That is why the vast majority of these crimes in our country are
never reported, ever. It doesn't matter whether we are talking military
or civilian. So how can we, at that critical
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moment, make sure that victim gets the help and support she or he needs
to do the unthinkable, and that is to lay herself or himself bare to
the public about what has happened. The way you do that is through the
reforms my colleague Senator Murray stressed and that we have
incorporated in this bill, and that is that every single victim gets
their own lawyer.
I don't think many Members understand how extraordinary that is. That
reform alone will make our military the most victim-friendly criminal
justice system in the world. In no other criminal justice system
anywhere--civilian, military, United States, our allies--does a victim
get that kind of support. That is what is underlying in these reforms.
We already know it works because it has been a pilot program in the Air
Force. Unlike those who say reporting will never go up unless we make
another policy change, reporting is spiking in our military, up 50
percent just this year. That is because the victims are getting the
word, not only do you not have to report to the chain of command, you
are going to begin to get the resources and help and knowledge you need
to navigate the choppiest waters, emotionally and personally, you will
ever encounter.
Not only have we done that in the underlying bill, we also have done
other work such as stripping commanders of their ability to abuse this
system by changing the outcome of a trial--very important.
Making the crime of retaliation a reality in the military--it should
be actionable in a criminal court within the military if you retaliate
against a victim who reports. Now not only will the victim know that
retaliation is a crime, not only will the unit know retaliation is a
crime, the victim has her own lawyer who can help press those charges
if that occurs.
Think of the practical consequences of this reform. You go back into
your unit, you are retaliated against, you call your lawyer: You will
not believe what they did to me today. Your lawyer helps you bring
charges against those who might retaliate.
It requires automatic discharge from the military for rape or assault
convictions.
There will be other opportunities to debate the policy difference we
have about how these cases are handled in the military, but I cannot
say how grateful I am to the dean and to Senator Collins for doing this
today. It is very important that we not lose sight that this is not
about a bumper sticker. It is not about one side versus the other. This
is about doing the very best job we can on the policy so we can protect
victims, prosecute offenders, and get them the hell out of our
military. That is what this is about, and with every fiber of my being
I believe we are going to accomplish that with the reforms we are
embracing.
I will come back to the floor to talk more about the amendment I will
be offering on the floor to go even further with some of these reforms
that we think are necessary.
I am so grateful that my colleagues have taken a moment to recognize
the obvious; that what we have done is historic; that what we have done
we do in agreement; and what we have done is going to make a
difference.
The PRESIDING OFFICER. The Senator from Maryland.
Ms. MIKULSKI. Mr. President, how much time do we have under this
morning business agreement?
The PRESIDING OFFICER. All time in morning business has currently
expired.
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