[Congressional Record (Bound Edition), Volume 160 (2014), Part 3]
[Senate]
[Pages 3977-3978]
[From the U.S. Government Publishing Office, www.gpo.gov]




                             SEXUAL ASSAULT

  Mr. LEVIN. Madam President, the Senate takes another step forward in 
combating sexual assault in the military. Thanks to the leadership of 
Senators McCaskill, Ayotte, Fischer, and others, we can improve 
legislation which adds important new protections for victims of sexual 
assault and strengthens our ability to investigate and prosecute these 
crimes.
  This legislation we will be voting on bolsters and improves upon the 
provisions to combat sexual assault which were included in the National 
Defense Authorization Act for Fiscal Year 2014. Among the reforms 
included in that bill and are now law were provisions which make it a 
crime to retaliate against a servicemember for reporting a sexual 
assault; that require every servicemember who reports a sexual assault 
to get a special victims' advocate who works for them, not for the 
command or for the court; and also this recently enacted law requires a 
higher level review of decisions not to prosecute an allegation of 
sexual assault.
  The reforms in the bill we will be voting on shortly are significant 
additions to that recently enacted law. First, this bill will be making 
an important change in how we prosecute sexual assault crimes by 
amending the Military Rules of Evidence to eliminate what is known as 
the good soldier defense, which has allowed servicemembers to argue 
that their good military performance is evidence of their innocence 
when charged with a crime. The military culture has been too slow to 
grasp the painful truth that even a successful professional can also be 
a sexual predator. This important reform in the bill we are considering 
will help to alter that culture.
  The bill also strengthens oversight of commanders' decisions on 
prosecution. Under reforms we passed last year, any decision by a 
commander not to prosecute a sexual assault case is reviewed by the 
next highest authority in the chain of command. When that decision 
contradicts a recommendation to prosecute from the commander's senior 
legal adviser, that review is done by the service Secretary, the 
highest civilian authority in each military service. The bill we are 
now going to consider would require the same review if a commander's 
decision not to prosecute conflicts with the recommendation of the 
senior prosecutor who would try the case.
  The bill also strengthens victims' input into prosecution decisions. 
The reforms we passed last year require that every victim of a military 
sexual assault be provided with a special victims' counsel--an attorney 
who works not for the commander or the court but for the victim. The 
bill before us requires that these victims' counsels advise victims on 
the advantages and disadvantages of seeing their case prosecuted in a 
military court or in a civilian court. The bill also requires that when 
victims express a preference for one or the other, that preference be 
given great weight.
  The bill before us includes other important new protections for 
sexual assault victims. For example, it allows victims of a sexual 
assault who leave the military to challenge the terms or the 
characterization of their discharge. The bill requires a confidential 
process enabling victims to seek a review of discharge decisions in 
order to look for possible instances of retaliation for their having 
reported a crime.
  The bill we will soon vote on also includes an important new 
provision to boost accountability for commanders. It requires their 
performance appraisals analyze whether they have established a command 
climate in which sexual assault allegations are properly

[[Page 3978]]

and fairly handled and in which a victim can report a sexual assault 
without fear of reprisal or ostracism.
  These and other provisions in the McCaskill-Ayotte-Fischer bill add 
further weight to the important reforms included in the National 
Defense Authorization Act we adopted and was enacted very recently. The 
bill we will be voting on contains real important reforms which deserve 
not just our support and our votes but our thanks to Senators 
McCaskill, Ayotte, Fischer, and others for crafting these additional 
reforms because they will surely make a major contribution in 
protecting the troops who protect us.
  Ms. MIKULSKI. Madam President, I rise in support of S. 1917, the 
Victims Protection Act of 2014, and S. 1752, the Military Justice 
Improvement Act of 2013.
  I have worked on this issue for years, and I am tired of lip service 
and empty promises of zero tolerance policies. Sexual assault in the 
military and service academies continues to rise. The data speaks for 
itself. Roughly 26,000 sexual assaults took place in the military last 
year.
  I am so proud of the seven women on the Armed Services Committee who 
led this effort. And I appreciate the fine men who supported them, 
especially Chairman Carl Levin.
  We are now 20 women total in the Senate. We disagree on some issues, 
even the bills before us. But we agree on the goal of providing more 
prosecutorial tools to punish criminals, ensuring fairness in the 
process, and getting help to victims.
  The 2013 National Defense Authorization Act, NDAA, included more than 
30 reforms addressing sexual assault in the military. They include: 13 
prosecutorial reforms, 5 reforms to improve reporting of crimes, 10 
reforms to improve victims services, and 2 reforms to expand the 
training of first responders.
  This is a historic piece of legislation that takes a serious and 
significant step towards addressing this issue.
  However, our work is not done. That is why I support Senator 
McCaskill's and Senator Gillibrand's bills to further reform our 
military justice system.
  Senator McCaskill's bill builds on the provisions included in the 
2013 NDAA by providing additional support to victims. It prevents 
defendants from using a good military character defense unless it is 
relevant to the crime. And it ensures these improvements also apply to 
the service academies which are also dealing with the epidemic of 
sexual assault.
  I also support Senator Gillibrand's bill which would take the job of 
deciding which crimes to prosecute out of the hands of commanders and, 
instead, give it to independent military prosecutors with expertise in 
these crimes.
  This approach has value for victims, commanding officers, and the 
accused. Victims are assured of a fair process. Commanders are given an 
independent source on an issue that they might not have expertise or 
experience. And those accused of sexual violence get legal protections 
through the process.
  These two bills take another step towards cracking the code on 
addressing sexual assault in the military. Our men and women in uniform 
face enough stresses on the battlefield. We can't allow sexual violence 
to be another one.
  I urge my colleagues to support these bills.
  I yield the floor and I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Ms. COLLINS. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The remarks of Ms. Collins pertaining to the introduction of S. 2100 
are printed in today's Record under ``Statements on Introduced Bills 
and Joint Resolutions.'')
  Ms. COLLINS. I yield the floor.
  The PRESIDING OFFICER. The Senator from Vermont.

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