[Congressional Record (Bound Edition), Volume 159 (2013), Part 5]
[Senate]
[Pages 6888-6889]
[From the U.S. Government Publishing Office, www.gpo.gov]




                     SEXUAL ASSAULT IN THE MILITARY

  Mr. DURBIN. Madam President, about an hour ago I was on the telephone 
with Secretary of Defense Chuck Hagel. It was a somber conversation. We 
were talking about the most recent disclosure yesterday of sexual 
assault in the military. The Secretary said he was beside himself with 
the knowledge that this continues and that he was going to do something 
about it. I trust that he will.
  Last night we learned of the latest and most reprehensible incident. 
The Army is investigating a sexual assault prevention and response 
coordinator at Fort Hood, TX, for being engaged in abusive sexual 
contact and other abusive crimes.
  Secretary Hagel has directed rescreening and retraining of all sexual 
assault prevention coordinators and military recruiters. I know he is 
upset about this; I could hear it in his voice. I join him in that 
response. He understands this is a pervasive crisis that threatens the 
moral underpinnings of our military. At risk are core values of trust, 
discipline, and respect that every one of our servicemembers expects 
and deserves to protect each other and ultimately to protect America.
  Next Wednesday the Army will appear before my Appropriations 
Subcommittee on Defense. We will be asking some hard questions: What 
has gone wrong? Why are so many men and women charged with stopping 
sexual assault being found guilty of it themselves? This is a serious 
issue.
  According to the Pentagon survey, there were 26,000 sexual assaults 
in the U.S. military last year. That is a 35-percent increase since 
2010. That is more than 70 service women and men sexually assaulted 
every single day in our military, and that is unacceptable. We also 
know that only a fraction of those incidents are reported. Fewer than 
3,400 incidents a year, in fact, are reported to authorities. In nearly 
800 of those instances, the victim seeks help but declines to file a 
formal complaint.
  I commend every one of those men and women who had the courage to 
come forward and name their accused. It is an unimaginably tough thing 
to do, but it is the right thing for them and it is the right thing for 
our military. Nevertheless, we have very far to go before we can say 
with confidence that the system is working to prevent these incidents, 
protect the victims, and prosecute the perpetrators. For instance, last 
month a U.S. commanding general based in Italy overturned a military 
jury's conviction of an officer charged with aggravated sexual 
assault--overturned it. That sent a chill through the ranks and caused 
increasing fear among victims that when they had the courage to step 
forward, ultimately nothing would happen.
  I appreciated that Secretary Hagel immediately called for a change in 
the Uniform Code of Military Justice. I know that Senator Carl Levin, 
Senator Jim Inhofe, and the Armed Services Committee are working to act 
swiftly on those recommended reforms. They have my full support.
  I also wish to commend some of my colleagues who have really stepped 
up on this issue. Senator Kirsten Gillibrand of New York, a member of 
the Armed Services Committee, has shown real leadership, as have 
Senator Patty Murray, chairman of the Budget Committee, and Senator 
Kelly Ayotte. They came together to introduce a bill I support, S. 871, 
the Combating Military Sexual Assault Act. I also commend Senator 
Claire McCaskill, who has been outspoken in the Senate Armed Services 
Committee on this issue.
  The bill I am talking about would provide victims with a special 
victims' counsel to assist them through the process, and it would 
strengthen the military prosecution system and ensure that the Guard 
and Reserve have response coordinators available at all times 
regardless of their duty status. We also have to ensure that each 
service has a robust investigative team with real expertise when it 
comes to sexual assault.
  These are just some of the many reforms the Pentagon must work on 
with Congress to make a difference. I am committed to working with 
Secretary Hagel and the entire Pentagon leadership to ensure that every 
servicemember can serve free of incidents of violence and trauma like 
the one that was reported this week. I urge all of my colleagues to 
support these reforms for our servicemembers.

[[Page 6889]]

  I yield the floor.
  The PRESIDING OFFICER. The Senator from Rhode Island.
  Mr. WHITEHOUSE. Madam President, I ask unanimous consent to speak as 
if in morning business for up to 15 minutes.
  The PRESIDING OFFICER. Is there objection? Without objection, it is 
so ordered.
  Mr. WHITEHOUSE. Madam President, I wish to thank the distinguished 
Senator from Illinois for his statement. We serve together on the 
Judiciary Committee. I hope that in that committee as well we can work 
on ways to improve the prosecution--particularly of rape offenses--
within the military by the Department of Justice.
  We need to break through the agreement that now prevents the 
Department of Justice from prosecuting those crimes for the crimes they 
are simply because they take place in the military.

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