[Congressional Record (Bound Edition), Volume 151 (2005), Part 15]
[Extensions of Remarks]
[Page 20798]
[From the U.S. Government Publishing Office, www.gpo.gov]




          THE MILITARY VICTIMS OF VIOLENCE CONFIDENTIALITY ACT

                                 ______
                                 

                     HON. LOUISE McINTOSH SLAUGHTER

                              of new york

                    in the house of representatives

                      Tuesday, September 20, 2005

  Ms. SLAUGHTER. Mr. Speaker, today, I am proud to introduce the 
Military Victims of Violence Confidentiality Act. This important piece 
of legislation will ensure greater protections for women in the 
military who are victims of violence by keeping their medical and 
counseling records confidential and allowing them to obtain valuable 
treatment services without further victimization.
  The military should be at the forefront of prosecuting assailants and 
setting the highest standards for treatment of service women victimized 
by sexual assault and domestic violence. Yet, our Armed Forces have 
failed to enforce the most basic protections to ensure these victims 
can receive necessary counseling and treatment. Counseling and 
treatment is essential to begin the healing process, and service 
members should be able to seek access to these services without fear of 
exposure or public humiliation.
  Recently, the issue of protecting confidential communications was 
brought to light in the case of U.S. v Harding. Ms. Jessica Brakey was 
allegedly sexually assaulted in 2000 while serving as a cadet at the 
Air Force Academy. Following the assault, Ms. Brakey sought counseling 
by victim advocate, Ms. Jennifer Bier--a civilian who was contracted by 
the military. Under Colorado's rape shield law, the disclosure of a 
victim's counseling records is prohibited. However, the military court 
issued an extremely broad subpoena for Ms. Brakey's treatment records 
with Ms. Bier, as well as her complete 10-year medical history. When 
Ms. Bier refused to turn over these records to the military court, the 
judge suspended the case against the alleged assailant.
  Unfortunately, this precedent setting case sent a clear message to 
the thousands of women in the military who are victims of sexual 
assault and domestic violence each year that the Armed Forces will not 
protect you. It is critical that we take appropriate action to ensure 
that victims of these crimes are able to seek treatment and counseling 
without repercussion.
  Although this bill is supported by many organizations that work to 
prevent and respond to sexual assault and domestic violence, the need 
for this legislation is also recognized within the military. The 
Department of Defense's, DoD, own Task Force on Sexual Harassment and 
Violence at the Military Service Academies issued a report in June 2005 
which recommended that ``Congress should create a statutory privilege 
protecting communications made by victims of sexual assault to health 
care providers and victim advocates. This privilege should extend to 
both medical health care providers and to those victim advocates 
designated and trained to perform that duty in a manner prescribed by 
DoD regulation.''
  This is exactly what my bill will do. The Military Victims of 
Violence Confidentiality Act will establish comprehensive 
confidentiality protocols to protect the rights of victims within 
military law. Under my bill, communications made to secure advice, 
counseling, treatment or assistance concerning a victim's mental, 
physical, or emotional state will remain confidential. Moreover, a 
victim will be able to refuse to disclose and prevent any other person 
from disclosing a confidential communication.
  If a victim's doctor and advocate cannot protect the confidentiality 
of treatment sessions, sexual assault and domestic violence victims 
will be unlikely to seek essential care for fear of stigma, public 
embarrassment, or threats to their career. Consequently, the military 
will continue to lose valuable women soldiers. These women put 
themselves in harm's way to protect us and our Nation from threats at 
home and abroad. The military should work as hard to ensure they are 
protected when dealing with a horrible tragedy.
  Do not allow our brave service members to be victimized twice, once 
by their perpetrator and then again by the lack of appropriate, 
compassionate, and confidential care. Mr. Speaker, I encourage all 
Members to join me in cosponsoring the Military Victims of Violence 
Confidentiality Act.

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