[Congressional Record Volume 163, Number 75 (Tuesday, May 2, 2017)]
[House]
[Pages H3052-H3058]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
RAISING AWARENESS OF MARINES UNITED OFFENSIVE FACEBOOK PAGE
The SPEAKER pro tempore (Mr. Marshall). Under the Speaker's announced
policy of January 3, 2017, the gentlewoman from Florida (Ms. Frankel)
is recognized for 60 minutes as the designee of the minority leader.
GENERAL LEAVE
Ms. FRANKEL of Florida. Mr. Speaker, I ask unanimous consent that all
Members have 5 legislative days in which to revise and extend their
remarks and include extraneous material on the topic of my Special
Order.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Florida?
There was no objection.
Ms. FRANKEL of Florida. Mr. Speaker, the women of the Democratic
Women's Working Group are here today with other Members that we have
invited to raise awareness about the offensive Marines United Facebook
page and others like it.
On these pages, male marines posted nude or intimate photos of female
servicemembers and veterans without their consent. This affected
hundreds of women, with an audience of an estimated 30,000 marines with
access to the Facebook page.
The Democratic women recently held a hearing on this alarming
situation which, incidentally, began less than a month after the first
Marine infantry unit was assigned women, and that was January 5.
At our hearing, we heard testimony from advocates for servicemembers,
a former marine, and a journalist who
[[Page H3053]]
covered this issue extensively, and most importantly, we heard from
Erika Butner and Marisa Woytek, two brave, resilient marines.
Marisa is a current lance corporal. She proudly followed in her
father's footsteps, and she joined the Marines because, as she stated,
she wanted to be part of something bigger than herself.
Erika enlisted in the Marines for many of the same reasons in 2011,
fully aware that she could be deployed to a combat zone. A lifelong
patriot, she was ready, and willing to take that chance. But in her own
words--little did she know that the ``war she would fight would be
among her very own brothers in arms.''
At our hearing, the women described harassment and exploitation at
the hands of their Marine brothers, and, quite frankly, it made us feel
sick to our stomachs.
Their male counterparts put up Erika's and Marisa's photographs and
made lewd and derogatory comments--asking other men to vote on whether
they would ``smash or pass'' on these women, meaning would they have
sexual relations with them.
The women were threatened with rape and violence, with Facebook posts
like: ``We should throw marines into a tub of acid and rip-off their
eyelashes.''
Sadly and shockingly, Marisa and Erika were not alone. Thousands and
thousands of photos of women were shared on these Facebook pages.
I want to say to Marisa and Erika and all of these women: We share
your anger and your hurt, and we are so grateful to you for coming
forward with your stories.
I am a mother of a United States Marine veteran who served in both
Afghanistan and Iraq--a proud mother--and I understand the selfless
sacrifice a marine makes when he or she puts on their uniform. So I am
outraged, as are my colleagues whom you will hear from today, that so
many brave marines were subjected to this kind of harassment and
exploitation while willing to sacrifice for our country. It is not only
personally degrading to courageous patriots, it hurts the effectiveness
of our military and the ability to recruit women.
So today's Special Order is another opportunity to amplify the voices
of Marisa and Erika and to send a message that we stand with them and
we will fight for their honor.
I want to thank Congresswoman Jackie Speier and Congresswoman Martha
McSally, who I hope will be here with us today. They are actually, very
sadly, at another hearing where the topic is sexual harassment in our
military academies.
After our hearing, they went on and they introduced a bill to make it
illegal for military members to share photos without consent. This is a
bipartisan effort. I am proud to be a cosponsor, as are many of my
colleagues, again, whom you will hear from in a few minutes; and we owe
it to Erika and Marisa and all of the other women that have been
subjected to this abuse to pass this legislation and to work together
to change the culture of disrespect that allowed it to happen.
Now, Mr. Speaker, I yield to the gentlewoman from California (Ms.
Lee), a great leader in this Congress, a member of our Appropriations
and Budget Committees and Subcommittee on Military Construction,
Veterans Affairs, and Related Agencies.
Representative Lee, we are pleased that you are with us tonight.
Ms. LEE. Mr. Speaker, let me thank Congresswoman Frankel for being
such an exemplary chair, and also our vice chair, Brenda Lawrence. You
have put together quite a team and really are raising the issues that
really don't get raised oftentimes on behalf of our women.
Also, to Congresswoman Jackie Speier, who I believe is in a hearing
right now dealing with this very, very important issue, I want to thank
her and all of our women in the Democratic Women's Working Group for
organizing this very important Special Order to address the
nonconsensual sharing of sexual images in the United States military.
I just have to say a couple of things.
First of all, as a member of the Military Construction, Veterans
Affairs, and Related Agencies Subcommittee and as a woman, I am
appalled by the sharing of these private photos. It is really
disgraceful. It is disgraceful that our military continues to uphold a
culture of sexual harassment and disrespect toward women
servicemembers.
Now, let me be clear. The attitudes towards women exposed by websites
like the Facebook group Marines United are troubling and dangerous. Not
only do such actions threaten our mission, they strip our brave
servicemembers who are women of their dignity. No woman should have her
private photos exposed on the internet, especially not by her fellow
servicemembers.
I was pleased to see the recent Navy and Marine Corps decisions to
make the distribution of intimate photos a criminal offense. That is a
good thing. We really must do more.
Now, when questioning members of the Army, Air Force, Navy, and
Marines at a subcommittee hearing, it became clear to me, based on
their responses, that the culture of the military must change.
Members of the Democratic Women's Working Group continue to try to
help change this culture and are committed to ensuring that that type
of activity is prohibited in all branches of our military. That is why
I am pleased to cosponsor Congresswomen Speier's and McSally's bill,
H.R. 2052, the PRIVATE Act, which is a bipartisan bill that would make
it illegal within the Uniform Code of Military Justice to distribute
intimate images of a person if that person had a reasonable expectation
of privacy.
Now, let me be clear. The Department of Defense must expand its
efforts to foster a culture of dignity and respect that the military
service demands. And, Congresswoman Frankel, I just have to mention a
conversation I overheard.
I was on a plane flying from point A to point B, and there were two
marines sitting next to me, and they were talking very loudly to each
other.
{time} 1800
That entire time that we were on the flight, their conversation was
about degrading women who were serving with them in the military. It
was quite shocking. This was just their conversation in the normal
course of conversation on an airplane. I was, quite frankly, shocked
and disgusted.
Today's report from the Pentagon shows promising progress, though.
Sexual assaults are on the decline, and servicemembers are now more
likely to report attacks. But the data also reveals that two-thirds of
women who do report assaults face backlash in their unit. It comes as
no surprise, then, that many victims choose to suffer in silence. That
should not be.
We know that tech firms like Facebook have a role to play in helping
address this kind of unacceptable behavior. Facebook's recent
announcement to help prevent nonconsensual pornography is a huge
advancement in combatting this epidemic--and that is what it is, an
epidemic--and addressing these heinous acts.
While the new feature takes down images that are reported, this
depends on users being vigilant and submitting reports. Too often
people do not report such behavior. We must be clear that we do not
condone this type of behavior and ensure that those with the courage to
speak up do not face retaliation.
I want to make it clear. Exploiting sexual images of fellow
servicemembers online is unacceptable, and it should be a crime. Rest
assured, as a woman, as a mother, grandmother, daughter of a veteran,
and a member of the Military Construction and Veterans Affairs
Appropriations Subcommittee, I will work day and night to address the
threats to our country and to our women servicemembers. Women in the
military are critical to our national security. They should have a safe
workplace free from sexual assault and harassment and intimidation.
Mr. Speaker, I thank Congresswoman Frankel and Congresswoman Brenda
Lawrence and also Congresswoman Speier for their leadership and for
keeping this issue alive and for making sure the public understands
that there are Members of Congress who have said: enough is enough.
Ms. FRANKEL of Florida. Very well said, Representative Lee. Mr.
Speaker, I thank Ms. Lee for her excellent service and advocacy.
Mr. Speaker, I am pleased to yield the floor to the gentlewoman from
the
[[Page H3054]]
State of Michigan (Mrs. Lawrence), my co-chair and our vice chair of
the Women's Working Group, a very illustrious Member, and she serves on
the Transportation and Oversight Committees.
Mrs. LAWRENCE. Mr. Speaker, I thank Congresswoman Frankel for her
leadership on the Women's Caucus. The Women's Caucus is a bipartisan
women's committee. I was honored when I was given the opportunity to
serve on this committee because I know for a fact in America, for all
of the strides and accomplishments that we have had as women, that we
still have so many issues and challenges that we must address.
Whenever there is an issue that disrespects or an issue that is a
barrier for a woman, it is incumbent upon us to step up and to speak
out because silence or turning our head is condoning the behavior.
Now, we stand here today as women, but there will be men joining us
and have joined us because the behavior that we have learned about in
the Marines, one of our military branches, is unacceptable.
Mr. Speaker, I rise today to address the issue of nonconsensual
activities in the U.S. military. It has been revealed that
nonconsensual nude photos of servicemembers were posted to social
media, and it was even enhanced by disturbing comments that were
unacceptable and really disrespectful.
This offensive behavior strikes at the very heart of the Marines. The
Marines, who we trust and admire and know that they go out and serve
this country in so many ways, and we have such honor and respect for
them--but this behavior, Mr. Speaker, undermines the trust and the
confidence that the marines have in each other. The Marines stand up
and, as a team and as a body and as a military, take a code that they
will protect each other, and it compromises the respect that the
American people have for our military.
Our servicemembers must have the confidence that their brothers and
their sisters in uniform always have each other's back. There is simply
no room in the military or in our society for behavior that humiliates
and degrades women servicemembers. Women who are in the Marines have
earned the respect of their brothers and sisters, and they deserve the
trust. Many victims, just like in the civilian workforce, are afraid to
report the assault. We want to encourage them to file their complaints.
I had, at one time, served my country as an EEO investigator in the
private sector. As an equal employment opportunity investigator and
having cases of sexual harassment, I would sit in a private counseling
session with a victim as she relived it to tell me what happened and
how so often they struggle with: Should I tell someone? I am
embarrassed. Maybe I should have done more. Or why did I accept it?
And then some will say: I will just quit. I just don't want to go
through the humiliation of telling my story. Because when you file a
complaint, for it to be processed, it becomes public.
I want to say to every woman that if you really understand how
inappropriate, how much you do not deserve to be treated that way, and
you want to make sure that no other woman ever is treated that way, I
want you to know that we as Congress will stand with you to support
your right to report it, to make sure we hold those accountable who did
it.
I want to say to everybody that I stand here today as a Member of
Congress and as a Member of the Women's Caucus to say that you have
support.
In 2015, the latest year for which military assault data is
available, more than 6,000 sexual assault cases were reported. Only 10
percent of men report their sexual assaults in the military. Only 40
percent of women do the same.
Sexual assault is wrong, whether it is for a man or a woman.
According to the Human Rights Watch report released in 2015, the rate
of retaliation for reporting a sexual assault in the military is 12
times higher than the rate of report resulting in a conviction for the
predator. We understand the problem, and we want to be a part of the
solution.
Mr. Speaker, I will close with this. We stand here today knowing that
we have a problem. But I am confident in my belief and trust in our
military, and I am confident that the women and men in this Congress
will stand together and we will fix this problem so we can continue to
have our military brothers and sisters serve together without being
attacked by their own.
Ms FRANKEL of Florida. Mr. Speaker, I want to thank Representative
Lawrence for her excellent advocacy today.
Mr. Speaker, I now want to yield the floor to the gentlewoman from
New Hampshire (Ms. Kuster), my very good friend. She is the ranking
member on the Veterans Subcommittee on Oversight and Investigations,
and chair of the bipartisan Task Force to End Sexual Violence.
Ms. KUSTER of New Hampshire. Mr. Speaker, I am pleased to be here
tonight for this Special Order on the Marines photo sharing scandal.
I am pleased to be with you but disturbed about the underlying
incident. I don't think there is anyone in this country who is watching
this evening who doesn't share our sentiment. This is shocking. It is
disturbing. And most importantly, it is degrading to the women in the
Marines.
I have to just imagine what it would take to become a marine and to
be a woman in the Marine Corps. The training, the dedication, the
commitment that these people have set their lives toward serving our
country.
I am very pleased to join my colleagues today to express my
disappointment and, indeed, outrage at the conduct of literally
thousands of marines who violated the standards of the Marine Corps and
displayed dishonorable conduct and terrible judgment by distributing
sexually explicit photos of Active-Duty and veteran women marines
online.
The behavior on the Facebook page Marines United is wholly
unacceptable and is not only morally repugnant but undermines the
safety, the security of female marines and, indeed, our national
security.
Women marines were, in some cases, identified by name, rank, and
location. These women who are bravely serving our Nation in uniform
were put at risk of blackmail, of violence to themselves, or worse.
This cannot and will not be tolerated by the United States Congress, by
the leadership of the Marines, and by Americans across this country.
The Marines represent the greatest fighting force in the history of
the world, and actions like this cannot be allowed to undermine their
effectiveness and unit cohesion. As the founder of the bipartisan Task
Force to End Sexual Violence, I join my colleagues from both sides of
the aisle to understand the persistent challenges that the culture of
sexual violence poses on school campuses, in the workplace, online, in
the military, and throughout our society.
We are beginning to change the conversation around sexual violence
and intimidation, but there is much more work to be done. I strongly
support the bipartisan legislative action to back up the cultural
change that we know is starting to take place.
The PRIVATE Act, led by Representative Martha McSally, would amend
the Uniform Code of Military Justice to ensure that the type of
explicit sharing that was seen in the Marines United scandal is
expressly prohibited.
Mr. Speaker, I want to particularly thank Representative McSally and
our Democratic colleague Representative Jackie Speier for their
leadership on the Armed Services Committee in protecting the interests
of women in our military.
I know that leadership within the Marines and the Armed Forces is
taking the issue of sexual harassment and sexual violence very
seriously, and I appreciate their commitment to improving safety for
all our servicemembers, regardless of gender. This is an issue that
transcends politics. I have been encouraged by the bipartisan support
that this issue has received.
I look forward to continuing to work with my colleagues to end sexual
violence and intimidation in the military and, indeed, throughout our
society.
Mr. Speaker, I want to just take a moment to share with you the
testimony of Lance Corporal Marisa Woytek, as indicated by our leader
today, Representative Lois Frankel. She quoted some of the testimony,
and I wanted to share a few other parts with you.
[[Page H3055]]
These are two marines who came and spoke to our bipartisan Women's
Caucus, and they described what had happened to them; that these
personal explicit pictures had been shared on the internet, that their
names, their rank, their duty station, had all been shared without
their consent.
{time} 1815
I want to talk to you about the backlash since they had the courage
to speak out, because as we investigate further in the Bipartisan Task
Force to End Sexual Violence--whether it is in high schools, whether it
is on college campuses, whether it is in the military--when someone has
the courage to identify the harassment, sexual assault, intimidation,
there is an incredible backlash on social media.
She writes:
``Within the past 24 hours alone, I have had former Marines harass me
online, and say and state that they actively look for sexually explicit
pictures of me. One of the former Marines who has been harassing me has
also been a predator to many women online denigrating women in Marines
United, and has even gone as far as saying he would throw an Active
Duty female Marine `into a barrel of acid.' ''
These are our best and brightest. These are the people that we rely
upon to keep our country safe, to uphold the dignity of our values
overseas.
She continues:
``Another Marine stated to me directly that he was `passing my info
around to Marines, so far the rough estimate is 3,000. Good luck ever
being able to show your face again.' ''
This is a woman who has trained, who has dedicated her life, and
whose family is proud to call her a marine. And I, as a Member of
Congress, am proud to call her a marine. She does not deserve this in
the workplace.
One last quote:
``Another former Marine asked `Who has this bitch's pictures, I want
to blast them all over.' ''
I have to ask my colleagues for a bit of personal privilege to even
use that word on the floor of the House of Representatives. That is not
a word that should ever be used for a marine in the United States
Marine Corps.
So I think you can tell this is deeply troubling to us as Members of
Congress, deeply troubling--it should be--to the leadership of the
Marine Corps, all the way up to and including our Commander in Chief.
This is simply unacceptable.
As members of the Bipartisan Task Force to End Sexual Violence, as
members of the bipartisan Women's Caucus, as Members of the United
States House of Representatives, we will not let it stand.
Mr. Speaker, I include in the Record testimony of a female marine.
Testimony of Lance Corporal Marisa Woytek
My name is Marisa Woytek. I am a Lance Corporal in the
United States Marine Corps. I enlisted, like many of my
brothers and sisters because I wanted to be part of something
bigger than myself. I joined to follow in my fathers' foot
steps who served honorably in the Marine Corps.
Over the past few years of being active duty, I've
experienced the amazing things the Marine Corps has to offer.
I experienced, brotherhood and sisterhood, I experienced
comradery, and I have many fond memories that I will carry
with me until the day I die. But with the good, comes the
bad. Since my first few weeks in the Marine Corps outside of
boot camp, I have seen on numerous occasions the denigration
of Marines, especially female Marines by fellow Marines. Some
active duty and some former Marines have been posting picture
women for the so called game of ``Smash or Pass'', and some
have included personal and explicit pictures including these
women's names, ranks, and duty station without their consent.
Since speaking out, I've received backlash on social media.
Within the past 24 hours alone, I have had former Marines
harass me online, and say and state that they actively look
for sexually explicit pictures of me. One of the former
Marines who has been harassing me has also been a predator to
many women online denigrating women in Marines United, and
has even gone as far as saying he would throw an active duty
female Marine ``into a barrel of acid''. Another Marine
stated to me directly that he was ``passing my info around to
Marines, so far the rough estimate is 3,000. Good luck ever
being able to show your face again''. Another former Marine
asked ``Who has this bitch's pictures, I want to blast them
all over''.
My brothers and sisters are why I am here today. The
majority of Marines are intelligent, well rounded, and
respectful people. Those Marines are who the world should be
praising. The disgusting actions of a few do not define an
entire branch. We must remember that the Marine Corps is an
institution that prides itself in honor, courage, and
commitment. Most Marines practice these values everyday, and
those who do not bring dishonor to themselves and to the
United States Marine Corps.
Ms. FRANKEL of Florida. Mr. Speaker, I thank Representative Kuster
for that forceful advocacy.
Mr. Speaker, I yield to the gentlewoman from Texas (Ms. Jackson Lee),
one of our greatest fighters for human rights, for women's rights; the
ranking member of the Judiciary Committee's Subcommittee on Crime,
Terrorism, Homeland Security, and Investigations.
Ms. JACKSON LEE. Mr. Speaker, I thank Congresswoman Frankel, our
chair, our leader, and all of my colleagues that appeared today. What a
powerful force of women who are standing by our Marines.
Now, let me be very clear: All of our men and women in the United
States Marines have earned and deserve our respect and trust. All of
the women in the United States Marines deserve our trust and our
respect.
So it saddens me today to have to rise and bring to the attention of
so many this unbelievable abuse of the men and women--men because their
reputation is tarnished, through no fault of their own, who are not
affiliated with Marines United; and women who feel that their service
to this Nation has been denigrated.
Let me cite for you the words of 23-year-old Erika Butner:
``As a Marine Corps veteran, I am disheartened and disgusted with
this scandal.''
Victim blaming and the excuse that some are giving that boys will be
boys needs to stop.
Butner says she first heard of the group in August when a friend of
hers was posted to the page without her consent. In January, she
notified the Naval Criminal Investigative Service and Google about a
shared drive posted to the group that contained naked photos of more
than two dozen servicemembers. Comments posted to the group described
the victims graphically and, in some cases, advocating that they be
raped or sexually assaulted. Names, ranks, and duty stations of the
victims were also shared. The Marines United page has been taken down,
but there are supposed to be some 30,000 users of that site.
Can you imagine that this is my story for America: that young women
marines who put on the uniform and, therefore, are willing to lay down
their life and bleed for this Nation and die will be subjected to this?
So I join my colleagues in standing against it, and I ask my friends
in the United States Marines--and I have many. I have staff persons who
have been members of the Marines and a wounded warrior on my staff
right now who loves his Marines. But enough is enough. We will not
tolerate the objectification of women, we will not tolerate the
nonconsensual pornography, and we will not live with sexual assault.
That is why, for starters, I am proud to be a cosponsor of
Congresswoman Speiers' resolution for claiming April as Sexual Assault
Awareness and Prevention Month. Also, I am very pleased of the privacy
bill that is being put forward to never have this occur again. Every 98
seconds another American is sexually assaulted, and there are an
average of 321,500 victims per year.
So this ties very clearly into what these United States Marines, who
happen to be women, are facing. This is a horrendous reality for women
here in the United States, but it is a reality for women in uniform who
are defending our freedom abroad. That is what I want to focus on as I
complete my remarks.
These female marines go to faraway places and are in the battlefront
and the battle lines, standing alongside with their male counterparts.
They are expected to go through basic training without any waivers.
They are expected to carry that gun without any waivers. They are
expected to wear that uniform in dignity without any waivers.
Nude photographs of female marines and veterans across the military
were shared on Marines United, and those photographs showed women in
various stages of undress, and they were grossly obscene. Some posts on
Marines United suggested sexually assaulting women marines and that
women did
[[Page H3056]]
not belong in the United States military or this particular branch.
Once again, these photos were posted without the knowledge and the
consent of the women whose photos were posted. This conduct, as I said,
is unacceptable.
The Marines Corps' creed of good order and discipline is being
undermined when it cannot police Marines who use social media to
promote anti-Semitism, sexism, and racism. These messages of hate are
oppressive and demean human dignity.
Let me close by saluting our United States Marines because I do know
that they have decades and centuries of laying their lives down. That
is not the issue here as I stand before you today.
What the issue is, of course, is that United States Marines deserve
the dignity and the respect, even if they are women and, I might say,
especially because of what has occurred because they are women. They
ask for no deference. They ask for no waivers. They ask for no
apologies in terms of them being United States Marines. They simply
want that dignity and respect that we all owe them.
I salute them and we stand alongside them.
Ms. FRANKEL of Florida. Mr. Speaker, I think we have made it clear
that when a member of the military is unfairly abused, we are all
abused, we are all dishonored.
This is not a Democratic issue. This is not a Republican issue. This
is an American issue.
Mr. Speaker, I yield to the gentleman from Nebraska (Mr. Bacon), one
of our great Americans, an Air Force veteran who serves on our Armed
Services Committee.
Mr. BACON. Mr. Speaker, I rise today in support of this bipartisan
effort to protect victims of nonconsensual sharing of intimate media in
the Armed Forces and to hold those who engage in this dishonorable
practice accountable under the military law. This is a bipartisan
effort, and I appreciate that. It should be. This is a terrible thing
that we have to fix.
I am a five-time commander. I was on the front lines fighting this as
a commander. I court-martialed those who abused others. I proudly did
so. I was recognized as having the best Sexual Assault Response Program
in the Air Force back in 2008 and 2009.
Also, I am proud to stand here in this bipartisan effort as a
husband, a father of a daughter, and a grandfather of three little
granddaughters. We have got to do better, and we stand in this together
to make a difference.
Last month we observed Sexual Assault Awareness Month, and I spoke to
the body on the obligation we share as elected leaders to support those
who have been victims of sexual violence and exploitation. It is,
therefore, fitting that we continue this campaign by turning our good
words into legislative action. I want to thank my colleagues on both
sides of the aisle for inviting me to speak on this subject.
As members of the Armed Forces, we are taught the values of honor,
integrity, loyalty to our Constitution, to our flag, and to the
Republic for which it stands. From our earliest days in uniform, we are
also imbued with an unbreakable commitment and trust in each other as
warriors and teammates. These are not abstract concepts of quaint
notions of a bygone age. Rather, they are the foundation of combat
readiness and competence under fire. Mr. Speaker, I submit these ideals
are the very essence of our strength of arms as a nation.
That is why when someone in our midst betrays this trust and
dishonors our code, the consequences go far beyond an individual act of
depravity. It strikes at the heart of our core values and threatens the
foundation of our combat readiness. And when the victims of these
crimes perceive they are condoned by the very institution they serve,
the damage is greater still.
That is why Congress has an obligation to act and to remove any doubt
that those who traffic in intimate pictures of their teammates and
wrongfully share them not only violate the bonds of human decency, but
are breaking the law.
That is why I am proud to stand in a bipartisan effort and also with
Representative McSally and colleagues on both sides of the aisle as an
original cosponsor of H.R. 2052, the PRIVATE Act, to amend the Uniform
Code of Military Justice to prohibit the wrongful broadcast of intimate
visual images. This is important to change the UCMJ. It will protect
the victims of this crime, hold those who engage in these acts
accountable, and make absolutely clear--zero doubt--to every member of
the Armed Forces that such conduct is unacceptable and will be
prosecuted under the law.
Those of us in the House who have served in uniform and have been
entrusted with the responsibility of command know firsthand the
importance of disciplined adherence to standards and of creating a
climate of mutual trust that treats all members with dignity, fairness,
and respect.
For those of us who have fought to enforce our laws and protect the
victims of all forms of sexual assault and exploitation in the
military, this is not just what is right; it is also very personal.
Mr. Speaker, I am proud to stand with my fellow Members of Congress
on both sides of the aisle in support of this important legislation,
support for our military, support for our culture, support for the
defense of our country. I thank those who are leading the effort
tonight.
Ms. FRANKEL of Florida. Mr. Speaker, I thank Representative Bacon,
first, for his service to our country and for speaking from the heart.
We are very pleased to join him in this effort.
Mr. Speaker, I yield to the gentlewoman from California (Mrs.
Torres), who serves on the Foreign Affairs and the Natural Resources
Committees.
I want to say that Representative Torres is, like myself, the mother
of a military veteran. Her son is a member of the Air Force. In
bringing the gentlewoman up here, she probably experiences a lot of
what I did. I think for parents whose children are in the military, man
or a woman, there are so many of those times where you just dread that
knock on the door.
{time} 1830
You have seen your child put on uniform, and the pride that they
feel. Now, could you imagine having gotten a call from your son that
someone had posted a nude picture of him on a Facebook page and he was
being humiliated? It is just hard to believe.
I know you are going to share some of your insight into all this. I
am pleased to have you here.
Mr. Speaker, I yield to the gentlewoman from California (Mrs.
Torres).
Mrs. TORRES. Mr. Speaker, I thank Congresswoman Frankel and
Congresswoman Jackie Speier of the Democratic Women's Working Group for
hosting tonight's Special Order and for their constant advocacy on
behalf of the victims of the Marines United scandal.
The gentlewoman is correct. While I was not blessed with a daughter,
I was blessed with three sons, one who I am proud to call a veteran of
the United States Air Force.
My son Christopher was the first one to leave home, and I can't
imagine, as a mother of a child who is leaving him for the first time
going into basic training, receiving the types of calls that these
parents must have received, completely heartbreaking.
One of the stories that my son shared with me was of a suicide that
happened that involved one of his classmates, and how the parents found
out about her suicide through a Facebook post because everyone was
sharing a condolence note.
So these things happen; and while we cannot and may not be able to
always control the actions of these young men and women, there is a
basic understanding and expectation from parents like myself that when
we send our boys, and our young men and our young women, daughters and
sons, to the military, that they will be taken care of; and when they
file a complaint, that those complaints will be taken seriously and
fully investigated. They deserve nothing less.
Sexual harassment in the military certainly isn't new, but this
scandal is a wake-up call that we cannot afford to ignore. The victims
of Marines United don't just deserve our sympathy and our support, they
deserve a commitment to doing everything that we can to finally bring
an end to sexual harassment in the military in all forms.
This isn't a case of boys being boys. This is a disgusting violation
of women who have taken an oath to defend our Nation.
I would like to read part of Erika Butner--corporal, U.S. Marine
Corps,
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2011 to 2016--part of her testimony here today.
She begins by stating her name and thanking you for the opportunity
to testify at the August 8, 2011, hearing.
And she states: ``I enlisted in the United States Marine Corps
knowing I could have potentially deployed to a combat zone. If
presented the opportunity, I would have given my life for this country
without hesitation. Never once did I think the war I'd fight would be
among my very own brothers in arms.
``During the time I spent in the Marine Corps, various clothed photos
of me were taken from my personal social media accounts without my
consent and shared on sites that are like Marines United with great
frequency. They would post my photo and caption it, `Smash or Pass,' in
other words, `Would you have sex with this woman or not?' followed by
extreme vulgar, degrading, and repulsive comments, including rape talk.
My so-called brothers in arms shared clothed photographs of me on
Marines United, posted my contact information, and discussed all the
unspeakable things they would like to do to me.
``Comments I saw on other posts of the site included how female
marines aren't `real' marines and belong in the kitchen. One post
suggested friendly fire to the women who are now being integrated into
the infantry units. Another male veteran described how he would rip off
an Active-Duty female's eyelashes and then throw her into a tub of
acid. Many veterans think because the UCMJ does not apply to them,
they're immune from legal action.
``This culture of sharing photographs has been going on long before
Marines United, and even before Facebook. With the use of social media
and other file-sharing sites, this behavior has developed into
something that has led to harassment and the degradation of men and
women servicemembers. If this behavior had not come to light, I believe
it would have continued as a dark secret of the military.''
Her statement goes on. I will not read the rest of it but continue by
saying that these aren't faceless strangers. They are our daughters,
our sisters, and our friends. They are American heroes who volunteered
to serve our country.
As a mother of a veteran, I know that our military is better than
this. Our men and women in uniform represent the very best of this
Nation, and I am proud to stand with my colleagues this evening in
support of bringing about the changes we need to put a stop to the
sharing of nonconsensual pornography in the military and, ultimately,
bring an end to sexual and gender-based violence and harassment in our
Armed Forces.
The next letter that I write to one of the academies recommending a
young lady from my district, I want the reassurance from our military
that her safety, her personal safety, will be taken seriously. And I
need to have a commitment that she is just as American as any male of
our military.
Mr. Speaker, I thank the gentlewoman for this opportunity.
Ms. FRANKEL of Florida. Mr. Speaker, I thank the gentlewoman for her
son's service and for her service, too. I know what it is like to be
the mother of a military person.
Mr. Speaker, we are waiting for--Representative McSally is going to
be with us in a few moments, and I thought, as we wait for her to join
us--as I said, she is at a hearing now. Unfortunately, the hearing is
on the topic of sexual harassment in the military academies.
I wanted to just state for the Record the folks who participated at
our Democratic Working Women's Group hearing that we had a couple of
weeks ago, we talked about Lance Corporal Marisa Woytek. We talked
about Erika Butner, who is a Marine Corps veteran, and both,
unfortunately, were victims of this Marines United scandal.
We also heard from James LaPorta, who is a journalist for The Daily
Beast and a former U.S. Marine Corps sergeant who has covered Marines
United extensively. His work has appeared in The Washington Post and
the Chicago Tribune, among other national publications. During his 8
years on Active Duty, Mr. LaPorta served within the infantry and
intelligence communities, deploying multiple times to the war in
Afghanistan.
We also heard from Miranda Peterson. She is the executive director of
Protect Our Defenders, which she joined in 2013. Protect Our Defenders'
mission is to uplift and support survivors of military sexual assault,
and to improve and reform the U.S. military's process for addressing
rape, sexual assault, and sexual harassment.
Prior to joining Protect Our Defenders, Mrs. Peterson worked on the
historic lawsuits against the Department of Defense filed on behalf of
military sexual assault survivors who experienced abuse and retaliation
after reporting, and which were the subject of the Oscar-nominated
documentary film, ``The Invisible War.''
We also heard from Elizabeth Hillman, and she is the president of
Mills College. She was invited by Representative Barbara Lee. Elizabeth
Hillman has conducted extensive research on the history of sexual
violence in the military organization's culture. She is a director and
past president of the National Institute of Military Justice, a
nonprofit that promotes fairness in and public understanding of
military justice worldwide.
She previously served on the Response Systems to the Adult Sexual
Assault Crimes Panel, an independent panel chartered by Congress to
study and make recommendations about sexual assault in the U.S.
military.
And of course we heard from Gloria Allred, who is a nationally
renowned women's and victims' rights attorney. She was the lawyer
representing Marine Corps veteran Butner and Active-Duty Marine Lance
Corporal Woytek.
What treasures these activists are. They are patriots in their own
way because they are defending and standing up for our patriots; and
how sad that they have to spend so much of their time to do that.
Now, since this scandal broke up, there have been numerous articles
written. I want to share one as we wait for Representative McSally,
who, herself, is a military veteran.
Thomas Brennan actually broke this story. He wrote that: ``The U.S.
Department of Defense is investigating hundreds of marines who used
social media to solicit and share hundreds, possibly thousands, of
naked photographs of female servicemembers and veterans.'' That is just
so shameful.
``Since January 30, more than two dozen women, many on Active Duty,
including officers and enlisted servicemembers, have been identified by
their full name, rank, and military duty station in photographs posted
and linked to from a private Facebook page.'' Again, very shameful.
Mr. Speaker, I am now pleased to welcome Representative McSally. I
would say to you that I have been talking about you in your absence.
First of all, I told the Speaker that you were, unfortunately, at a
hearing on sexual harassment in the military academies.
But we are so grateful for your--first of all, for your service to
our country and for your advocacy in standing up for what is right for
our military men and women. Ms. McSally is our lead sponsor on this
PRIVATE Act, which we have had many speakers talk about.
Mr. Speaker, I yield to the gentlewoman from Arizona (Ms. McSally).
Ms. McSALLY. Mr. Speaker, I want to thank my colleague. And yes, I
just came over from a hearing on the Armed Services Committee; first
panel with some victims, and second panel with the superintendents of
the different military academies.
{time} 1845
As the only female veteran on my side of the aisle, and having been
an academy graduate myself, I thought it was very important for me to
be there and continue to help to lead on these issues that are near and
dear to my heart. I know there has been much discussion. I want to say
thank-you for helping to organize this and manage it and all the people
who came down to speak on this very important issue.
As was likely mentioned before, we came upon this issue on Saturday,
March 4. The Marines United Facebook page discovered individuals linked
with this private group were posting nude, intimate photos of women, as
well as personal information, their names, and duty stations, without
their consent or their knowledge.
The next day, the NCIS started to launch an investigation and, 1 week
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later, discovered, unfortunately, this was not an isolated activity.
Sharing intimate photos without a consent is a problem that now we are
seeing in the other branches of the military.
Such degrading behavior from troops in uniform is disgusting. As a
veteran and a former commander myself, it is infuriating. In some ways
it is not surprising, but it is intolerable, and we rise on both sides
of the aisle today to say that we are standing together to help on our
part, in our appropriate role to stop this.
Our servicemembers enlist to serve this country and protect it from
our enemies. They should not have to watch their backs among
individuals who are to be their teammates. Sharing explicit photos of
fellow servicemembers undermines women and destroys trust and morale.
It decreases effectiveness of our Armed Forces, and it embarrasses
America. United States troops must be warriors. What it means to be a
warrior is to embody courage, commitment, honor, trust, and respect. In
all the services we have our core values. They are on and off duty.
That is what it means to stand up. We stand in the gap for others. We
are not the perpetrators. We are supposed to be the protecters. We are
supposed to be the ones who are embodying and leading in those values
that we hold dear.
The unearthing of this widespread problem has highlighted the
difficulty in prosecuting Active Duty military members, though, who do
this, who share private, intimate photos of their teammates without
consent. This action is harmful, and it destroys the bonds of trust in
the unit that are so critical for our warfighting capabilities.
So to look at the UCMJ, the Uniform Code of Military Justice, again,
I am pretty familiar with this having been a commander and a retired
colonel. We have a couple of articles, article 133 and article 134.
Article 133 is conduct unbecoming of an officer. Article 134 is what we
call anything that is prejudicial to good order and discipline. This is
one I would say as a commander we often use as the catchall article.
When we could not prosecute someone under another article, we go to
article 134 because we knew their behavior was degrading good order and
discipline.
Civilian law faces challenges in prosecuting this crime. Thirty-five
States and the District of Columbia have statutes against sharing
private, intimate digital media without consent, but the State laws
vary in their proof, the elements, and the punishment.
The Marines recently created a regulation where they can charge these
Neanderthals who commit these violations, but creating regulation isn't
the same thing as strengthening the law. That is why I introduced the
PRIVATE Act. Again, this is a bipartisan bill. My bill provides clear,
unambiguous charge that gives commanders a sharper tool in the UCMJ for
targeting and prosecuting this behavior. It clearly defines this
behavior as a crime, and it also addresses the issues of intent and
free speech.
These actions are a symptom of a larger issue: why we must change the
culture that promotes this behavior. While these blatant, disrespectful
actions have been committed by a specific subset of our military, this
is indicative of a larger cultural problem. I just came from speaking
about that in our Air Force Academy hearings--I'm sorry, not just Air
Force, all the academies.
This is not the first time that behavior like this or culture like
this has really been addressed, nor will it be the last. Myself, as the
first woman in the U.S. to fly in combat in a fighter aircraft and to
command a squadron, I have personally experienced, confronted, and
overcome sexist behavior in the military. I have been there, I have
seen it, I have lived it, and, quite frankly, I am sick of it.
We need to do what we can together to stop it. We must confront the
underlying issues that inculcate resentment toward women in our
services. We need to address the topic now and send a clear message
this behavior has no place in our military. The issue is developing at
the speed of broadband, but our solutions are often stuck at the speed
of bureaucracy.
I have met with the commandant of the Marine Corps, General Neller,
immediately after this news broke. We had a very productive
conversation, and I look forward to continuing work with him and the
other service chiefs to address this issue.
We also can't allow this to turn into victim blaming, though.
According to one victim who tried to have a video removed:
``I went to the police to get them to take it down, and they told me,
because I didn't live in North Carolina, they couldn't do anything. I
then went to his command, and they said: Why don't you stop making sex
tapes?''
This is not a matter of free speech on the internet. This is a matter
of military members who have infringed on the rights, the duty, and the
basic respect of others. We can't afford to let another military member
become a victim of this crime.
I appreciate everyone stepping up for this Special Order today. I
appreciate the bipartisan support of the PRIVATE Act. It is not going
to solve it by itself, but it is going to give the commanders another
tool. I promise I am going to tirelessly be working and leading on this
issue to protect our troops and make sure we have the best, most
respected, and most trusted warfighting force.
I want to thank my colleague for giving me the opportunity to speak.
Ms. FRANKEL of Florida. Mr. Speaker, I thank Representative McSally.
We have come to, I think, a perfect ending here today--those of us who
were here today. I know, on a bipartisan basis, we look forward to
fighting for the gentlewoman for what is right and to get this bill
passed.
Mr. Speaker, I yield back the balance of my time.
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