[Congressional Record (Bound Edition), Volume 158 (2012), Part 6]
[House]
[Page 8632]
[From the U.S. Government Publishing Office, www.gpo.gov]




                              {time}  1020
                     SEXUAL ASSAULT IN THE MILITARY

  The SPEAKER pro tempore. The Chair recognizes the gentlewoman from 
California (Ms. Speier) for 5 minutes.
  Ms. SPEIER. Mr. Speaker, I have now come to the floor some 21 times 
to tell the story of survivors of military sexual assault and the 
institution and culture that failed them. Some would tell you that the 
military has learned from their egregious mistakes and that they are 
largely now addressing this problem. The situation I'm describing to 
you today is happening right now and flies in the face of what we are 
being told by our military and the Members of Congress who believe that 
they have this problem under control.
  Recently, a San Antonio newspaper began reporting on a scandal at 
Lackland Air Force Base that is growing by the day. So far, at least 
four Air Force instructors have been charged with sexual misconduct 
with at least 24 trainees. Like many cases of rape and sexual assault, 
the perpetrators are not denying that they engaged in sexual 
misconduct; they simply contend that the sex was consensual. It comes 
down to the words of the accused and the accuser--the instructor 
against the trainee. In the military, this usually means the 
perpetrator gets off or receives a disproportionately small punishment 
and the victim endures an arduous and humiliating legal process with 
little sense of justice at the end.
  Two of the women that have come forward were called over an intercom 
2 days after they graduated from basic training last fall and asked to 
leave their dorm and to meet their instructors. In a dimly lit supply 
room, the women said they had sexual relations with their instructor. 
``I was frozen,'' one of the women said, explaining that her mind was 
racing. ``I tried to think.'' Both women said failure to follow orders 
could cause them to be retained in basic training under the very 
instructors that assaulted them.
  While unnerved about the order to leave their dorms, they told 
themselves it had to be legitimate. From the day they entered the 
military, they had been trained--and required--to follow the orders of 
their instructors, even those that didn't make sense. This may be hard 
for some in the civilian world to relate to, but it is the constant 
reality within our Armed Forces. It is ingrained in our military 
servicemen and -women to follow the orders of their chain of command 
and never, ever disobey. The justice system is also beholden to this 
chain of command, but I will get to that a little bit later.
  Staff Sergeant Luis Walker, a military instructor, is charged with 
sexually assaulting 10 women, including sodomy and rape. Staff Sergeant 
Kwinton Estacio is charged with sexual misconduct with one woman, 
violating a no-contact order, and obstruction of justice. Staff 
Sergeant Craig LeBlanc is charged with sexual misconduct of two women 
trainees. Staff Sergeant Peter Vega-Maldonado has been charged and 
convicted of sexual misconduct with one woman.
  Staff Sergeant Vega admitted in a plea bargain to having sex with one 
woman. His punishment? Ninety days in jail, 30 days of hard labor, 
reduction in rank, and forfeiture of $500 a month in pay for 4 months. 
After striking the deal with prosecutors, Vega admitted that he 
actually had improper contact with 10 trainees.
  Now, mind you, we are not firing these people. They continue to serve 
in the military. Vega is not immune to further prosecution, but his 
admission of guilt cannot be used against him in future procedures. 
Each victim will have to come forward and the prosecution will have to 
start from scratch. Vega will be forced to leave the Air Force, but 
without a bad conduct discharge. Imagine that, without a bad conduct 
discharge.
  If the military is as vigilant as they say they are, how could such a 
repetitive, widespread, and sickening behavior still be occurring? What 
is being uncovered at Lackland flies in the face of what we are being 
told by our military. Is this what zero tolerance means in the 
military?
  Former Air Force Secretary Whitten was quoted in the newspaper 
saying:

       The age-old problem is that you're putting very smart, 
     attractive people, marrying age, together in close quarters. 
     It's a circumstance that is difficult and really requires 
     restraint. Sometimes restraint is very difficult.

  Secretary Whitten doesn't get it. The age-old problem in the military 
is attitudes like this. The age-old problem in the military is a broken 
justice system that delivers weak sentences, if any. The age-old 
problem in the military is that nine out of 10 women Staff Sergeant 
Vega has now admitted to committing sexual misconduct with have not 
come forward because they know that the odds of getting justice are 
slight and the odds of their careers being finished are great.
  What is happening at Lackland Air Force Base should and needs to be a 
wake-up call. This problem is happening now, and it is systemic.
  Victims are still not coming forward because of what keeps 
happening--backwards attitudes of blaming the victim, and 
disproportionately weak sentences. Writing off survivors as women who 
had consensual sex and now have regrets is insulting and I'm afraid how 
many in our military see this problem.
  The Department of Defense has so far been unable to appropriately 
address this problem--and Lackland is proof of that.
  We--Congress--need to act to circumvent the chain of command and give 
discretion to an impartial office to determine and facilitate the 
appropriate path for perpetrators and victims. We need to fix the 
system that survivors who report are now facing, right the injustices 
suffered by those that have already gone through this system and 
provide the care, resources and understanding for these survivors to 
get better.

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