Running head: SEXUAL ASSAULT IN THE MILITARY

Sexual assault in the U.S. Armed Forces: Servicemen and women victimized by their

assailant and the military

Rosa Johnson

Linfield College

December 2, 2015
 SEXUAL ASSAULT IN THE MILITARY 2

Table of Contents

Preface..3

Abstract6

Introduction..7

Defining sexual assault and military sexual trauma...7

Men and women affected by assault and harassment7

Roadmap and thesis statement.8

Problems..8

Current systems and policies8

S.A.P.R.O. and S.H.A.R.P.....9

Post-traumatic stress disorder and other mental illness issues...10

Homelessness11

Sexual assault as only a womens issue...11

Reporting..12

Solutions14

No longer allowing commanders to prosecute assailants.14

Mandatory reporting and action15

More consequences for those accused of assault..16

Victim Safety17

Conclusion.17

Enhancing S.H.A.R.P. and S.A.P.R.O. .17

References..19
 SEXUAL ASSAULT IN THE MILITARY 3

Preface

I wanted to pick a topic that I thought could make a difference. I decided to focus on

sexual assault in the military after I got a call at 6 in the morning from my friend in the army. She

was crying and choking on her words as she told me how she was almost raped by men in her

platoon. I remember asking her if there was anything she could do to report and that is when I

first became aware of the militarys justice system. I watched a documentary titled, The

Invisible War, which was eye-opening to the lack of action that is taken and I wanted to be able

to do research that brings awareness to an important topic. It filled me with inspiration, I felt as if

I just needed to do something or tell someone about the documentary because it was so

important. Although finding a topic that you are interested in and that has resources available can

be difficult, but pick something that sparks wonder within you that makes you excited about the

possibilities of what this research paper could turn into. Your topic may actually pick you like it

did for me.

The most difficult aspect of this project was getting access to materials that are only

available to military members. Originally, I wanted to go to an army base for an observation and

to interview a male victim as my subject interview but the resources were limited. One of the

most helpful ways to find sources is to utilize the ones that you already have. My first interview

actually knew the person she referred me to and that made it easy to establish a connection and

schedule an appointment. Another difficult aspect of my topic in specific is trying to find people

in the military field. Most of the positions and people in the Armed Forces are kept confidential

and there was little to no way that a civilian like me could find someone without using nepotism.

Another thing that was difficult for me personally is that I had no prior knowledge of how the
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military is run or how ranking works. It was, and still is, a process of trying to understand a

whole other world that I was never a part of.

My advice to those who are going to take the class is to pick a subject with someone in

mind that you can interview. The hardest part for most people is finding someone to interview

and scheduling this is usually the most difficult part. There will always be obstacles to each topic

and research paper and it is more than likely that you are not the only one who is experiencing it.

Utilize your classmates and ask them questions. It is usually easier to approach a peer than a

professor, and more often than not, your classmate will be up as late as you are. I also stress the

importance of finishing the warm ups as soon as you can, a trick I utilized was telling myself that

it was due earlier than it actually was. This way you can get that productive-procrastination-

working mode without actually being at the deadline. Another important thing to remember is

that you have to keep a positive mindset and reward yourself for your hard work. This is a

project that you should be proud of when you are done and it is important that you recognize

your own efforts. Despite the mountain of paper that you have written after this class, it will

make every essay after this class seem rather short and it will be easier to write more efficiently.

I want to thank all of the people who made this paper possible and helped contribute to

my research. Some of the many people I would like to thank are Professor Eric Schuck for his

service in the Navy and for letting me interview him on his experience in the Armed Forces,

Amanda Brooks from the Henderson House and Sarah Grabner from the Yamhill District

Attorney Office who allowed me to interview them on their experiences as sexual assault

advocates and Jane Doe for sharing her story. I would also like to give a big thank you to Jerry

Wilson and Lisa McCracken at the Yamhill County Veterans Services Office for taking the time

to help me with my research. I would also like to acknowledge my aunt and uncle for supporting
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me and always being there for me. I want to dedicate this paper to all of the men and women

who have experience any form of military sexual trauma while serving for the United States. For

all of those who have lost who they were because of anothers unjust and cruel actions. I dedicate

this research to Private Angelica Mia Davis, a woman of war both emotionally and physically.

Her story has inspired me to look into others, to tell the testimonies of those who would have

otherwise been lost, forgotten, and hidden away from the public

My hopes are that women and men will be able to join the armed forces without the fear

of rape and other traumatic experiences from their surrounding service members or that this

paper will give victims the courage to report or get help. Rape shall no longer be considered an

occupational hazard for those in the military and justice will be served to all of those who have

escape conviction.

Abstract

Sexual assault is described as an occupational hazard in the military. Although most of the

focus is on women as victims of sexual assault, there is an equal number of men who are
 SEXUAL ASSAULT IN THE MILITARY 6

assaulted in the military but do not report it. Commanders are the ones who have the power to

prosecute rapists and are responsible for the lack of action with sexual assault in the military

despite the fact that they do not have any legal training. Victims of sexual assault often have

mental illnesses such as depression, anxiety and post-traumatic stress disorder. Service members

are more prone to sexual assault than civilians making them more likely to experience veteran

homelessness and suicidal tendencies. Most victims often face more consequences than their

rapists do such as loss of pay, lowered ranking, dismissal from the service and other charges. A

majority of military sexual trauma victims do not report their assault and few assailants are

convicted for their crimes.

Keywords: Sexual assault in the military, military sexual trauma, rape, sexual harassment

Introduction:
Defining sexual assault and Military Sexual Trauma
The United States Department of Veterans Affairs (2015) uses the term Military Sexual

Trauma (MST) to reference to a sexual assault or repeated harassment that a person experiences

while in the service. Veterans Affairs, most commonly referred to as The VA, (2015) emphasizes

all of the categories of military sexual trauma such as pressured sexual activity, nonconsensual

sex that usually involves alcohol, offensive remarks in regard to someones body and unwanted

sexual advantages. It is a rare case when the victims assaulter is a stranger; for the most part this
 SEXUAL ASSAULT IN THE MILITARY 7

makes relationships difficult for the victim since they know their rapist on a personal level

(Grabner, 2015).
Men and women affected by assault and harassment
The VA (2015) acknowledges that both men and women suffer from military sexual

trauma and knows that it needs immediate attention. According to the VAs screening program,

one out of four women have experienced military sexual trauma while one out of 100 men say

that they have. Since there is a higher number of men in the military compared to women, the

actual number of assaults ends up being equal with each gender. The VA also points out that this

statistic could be even higher since some victims choose not to come in for help and others are

not as willing to admit that they have experienced military sexual trauma. Military sexual

violence affects men and women in all the branches of service. According to the Service

Womens Action Network (n.d.), which is more commonly known as S.W.A.N., more than half

of the sexual violence incidents happen to men. Surveys indicate that women in the Air Force are

five times more likely to become victims of sexual assault than their male counterparts (Schogol,

2015). Statistically, those who serve in the Navy and Marines are more likely to experience

assault and harassment than those service members who are in the Army and Air Force (National

Defense Research Institute, 2014). According to a survey that the National Defense Research

Institute (2014) conducted, the rates of men and women reporting and experiencing sexual

assault while in the Armed Forces has remained steady each year meaning that there has been no

change to reduce the occurrence of assault and harassment.

Roadmap and thesis statement:
This paper exposes the corruption of the militarys justice system for sexual assault

victims, shows the immense problems that service members have to face while enduring MST

and proposes how new policies should be enforced in order to protect the men and women who

fight for their country. The military should create more policies or reinforce its current ones in
 SEXUAL ASSAULT IN THE MILITARY 8

order to reduce the occurrences of sexual assault and make reporting more accessible to victims.

By changing its judicial system and prioritizing the victims over protecting the assailants, the

Armed Forces could prevent its men and women from experiencing Military Sexual Trauma,

post-traumatic stress disorder (PTSD), substance abuse and many more mental and physical

issues.
Problems:
Current systems and policies
The military legal system is skewed since it allows commanders to take the place of

lawyers so that they have control of the criminal courts system (S.W.A.N., n.d.). Because

commanders are allowed to prosecute others, service members are often prevented from

following through with their lawsuits against other military members. The commanders are also

likely to mishandle cases usually due to lack of knowledge of the justice system or because they

are subjected to bias which leads to little to no consequences for the accused assailant. If a

service member is in the reserves and is sexually assaulted he or she will go through Veterans

Affairs while active duty service members go through service medics (Schuck, 2015). The

process of reporting and conviction is uncertain and usually can be from one to two months long

or many up to a couple of years (Grabner, 2015).

S.A.P.R.O. and S.H.A.R.P.
The U.S. Armys Sexual Harassment/Assault Response and Prevention program,

primarily referred to as S.H.A.R.P., mainly demonstrates its bystander campaign known as I.

A.M. (Intervene, Act, Motivate) Strong (Hames, 2012). Its goal is to heightening awareness of

sexual assault and asks soldiers to look out for one another. The Army claims that the I. A.M.

Strong campaign helps to create a trusting environment for sexual assault victims to come

forward with their stories and that it brings about a culture change happening within law

enforcement. S.H.A.R.P. hosts classes every three months which is mandatory for all soldiers to

attend (Doe, 2015). The S.H.A.R.P. classes teach soldiers how to make a report, when and what
 SEXUAL ASSAULT IN THE MILITARY 9

kind of reports to make, demonstrates a variety of scenarios and what the right thing to do is in

sexual assault and harassment situations along with telling the service members who they can use

for resources. Classes make soldiers aware of assault along with their resources that are available

on base. Most of the classes content is about consent and how it cannot be given while under the

influence of drugs or alcohol. Service members report that the message that Sexual Assault

Prevention and Response Office, mainly known as S.A.P.R.O., is trying to convey in its sexual

assault prevention and response training often comes off as women are weak and always the

victim and men are bad and always the assailant (Schogol, 2015). S.A.P.R.O. is run by the U.S.

Department of Defense and claims to reinforce prevention and assailant accountability. It was

just recently established in 2005 and has yet to show any improvement or signs of effectiveness

in sexual assault cases (Lawhorne Scott, Philpott & Scott, 2014).

Post-traumatic stress disorder and other mental illness issues
The emotional and physical side effects exist in all of the victims of sexual assault, but

people cope in a variety of ways or are affected more by their situation. Issues include difficulty

sleeping, emotional numbness, trouble with concentration, complications within relationships,

reliving their traumatic experiences and eating disorders. (U.S. Department of Veterans Affairs,

2015) Although PTSD is one of the most common diagnoses for victims of military sexual

trauma, substance abuse disorders, mood disorders, anxiety and depression often occur in

patients as well. PTSD is mostly common in women who are victims of sexual assault in the

military (S.W.A.N., n.d.). Victims often face other problems with stress, dismissal from the

Armed Forces, substance abuse and suicide (Lawhorne Scott, Philpot & Scott, 2014). On the

contrary, the men in the service who have PTSD can often find the origin of their mental illness

from combat trauma. Although military sexual trauma is the leading cause of PTSD among

female veterans, the VA rejected about two-thirds of sexual trauma claims (Daly, 2015). Those
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soldiers who have been deployed usually have increased suicide ideation that is directly

associated with their experience of deployment (Monteith, Menefee, Forster, Wanner & Bahraini,

2015). Sexual trauma gave soldiers more feelings of suicide ideation and attempts at their own

life than experiencing combat and natural disasters did. Victims of sexual assault during

deployment also showed signs of lowered mental and physical health once they returned home.

Although the significance is greatly associated with each gender, mostly women reported more

trauma from their sexual assault than men did. Men who have experienced sexual trauma are

often diagnosed with more mental health issues than women who were also victims (OBrien,

Keith & Shoemaker, 2015). According to a survey, 65 percent of men will be diagnosed with

PTSD after experiencing sexual assault while 46 percent of women receive the same diagnosis.
Homelessness
PTSD is one of the leading causes for veteran homelessness, especially in women

(S.W.A.N., n.d.). Other mental issues such as depression, anxiety and stress give victims lifelong

effects of their assault and can lead to substance abuse. Being sexually assaulted while in the

military is a risk factor for homelessness for female veterans (Davidson, 2013). The Department

of Veterans Affairs (2015) states that its current goal is to be able to end veteran homelessness

through the Opening Doors Act, which launched in 2010.

Sexual assault as only a womens issue
About one out of five women and one out of a 100 men say that they have experienced

MST (Lawhorne Scott, Philpott & Scott, 2014). The rate of military sexual trauma is higher in

women because of the disproportionate ratio of genders in the Armed Forces. Since there are

more men in the military, those few that do report equal about the same number of women who

report that they have experienced assault or harassment. Sexual assault is more common for

military women than those who are civilians since at least one-third of women are sexually

assaulted during their time in the service (Weitz, 2015). When surveyed, civilian women who
 SEXUAL ASSAULT IN THE MILITARY 11

were affected by sexual assault were asked about their experience of sexual assault throughout

their lifetime, but women in the military are asked exclusively about their encounters during their

years in the service. This shows that women in the Armed Forces are almost expected to be

assaulted and it is often described as an occupational hazard since more women are exposed to

rape in the few years during their service than most women do in their entire lifetime. Women are

also more at risk for being sexually assaulted either before or during deployment. Some critics

make the argument that military life has more exposure to inappropriate sexual behavior than in

civilian society and historically these acts are toward women in the Armed Forces (Skaine,

1999). Most of the allegations that are made against the men in the military are often denied and

are not found guilty based on a lack of evidence. Using sex to gain powerful positions, whether

forced or willing, is against the rules in the military and is the primary counterargument that is

presented against women who attempt to report an assault.

Reporting
The Department of Defense annually reports the tens of thousands unwanted sexual

contacts but only a fraction of them report the incidents (S.W.A.N., n.d.). Any statistic on the

occurrences of sexual assaults is an estimate since 60 to 80 percent of unwanted sexual contacts

are not reported for a variety of reasons, from fear of retaliation to doubt that any action will take

place (Francis, 2013). Most victims do not want to report due to the fear of the unknown, the

general process of reporting, facing their rapist and the fear that no one is going to believe them

(Brooks, 2015). There are more victims who do not report their assault than those who do.

Options are provided to victims for reporting their assault, so the victims can choose to either

report some or all of the events that occurred and they can stop the report process at any time.

The entire reporting process is up to the victims and others cannot force them to press or drop

charges. A total of 62 percent of the women who filed a report stated that they felt shunned or
 SEXUAL ASSAULT IN THE MILITARY 12

punished for complaining. An estimate of 20,000 cases of military sexual assault or 55 cases a

day occur every year, according to Sen. Kirsten Gillibrand, D-N.Y. (Thompson, 2014). Most

of the younger generation of soldiers, sailors and service members do not think that they need

help so they do not come into the services office (Yamhill County Veterans Services Office,

2015). In most cases, the men are embarrassed to report. Some men are more comfortable in

confiding in women because there are often seen as more nurturing, but by having an

approachable service officer available for victims it makes the reporting process much easier for

victims. The military does not take accusations of sexual assault serious at all and if it were any

other problem the government would be on top of it, Veterans Services Officer Jerry Wilson

stated. Despite all of the policies that the government has tried to enforce, the attempts at ending

sexual assault have been counterintuitive. At the Yamhill County location, veterans are not able

to report their assault. In order for consequences to happen, the veteran has to file a claim for

Military Sexual Trauma and or post-traumatic stress disorder, but this only applies for benefits

and does not result in action toward the assailant. Most civilians have more access to sexual

assault resources, such as advocates appointed by a district attorney, than those in the military do.

The closest thing military members have to legally appointed advocates are SARCs, who are

Sexual Assault Resource Coordinators.

With each year, the number of reported assaults is increasing and debated if this is due to

more reporting or because there are more incidents occurring. In 2012, there were 3,604 reported

assaults, 5,518 in 2013 and 5,983 in 2014 (Thompson, 2014). Studies have shown that more

victims are willing to report in recent years. In 2012, about 10 percent of the alleged victims

followed through with filing a report on their assault, while 25 percent stated their testimony in

2014. Now, 15 out of every 100 service members are women. Complaints from active-duty

women on unwanted sexual contact dropped from about 6.1 percent in 2013 to 4.3 percent in
 SEXUAL ASSAULT IN THE MILITARY 13

2014. For active-duty men, the number of complaints declined from 1.2 percent to 0.9 percent. In

a 2014 survey, data found that 19,000 soldiers experienced unwanted sexual contact and 55

percent of that number were men. In 2012, the estimation of sexual assaults that the government

thought would occur in 2014 was 26,000 so the actual result was 27 percent less than what was

expected to be. Gillibrand ran her own analysis of the data and found that the punishments for

107 of the cases were too lenient (Lardner, 2015). Less than a quarter of the cases actually made

it to the courtroom and only 11 resulted in a conviction. In most of the cases the jury often sided

with the alleged assailant and would believe him or her over the victim. According to Gillibrand,

in more than half of the cases female civilians were the victims. The Department of Defense

estimated that more cases are being reported, statistics of sexual assault are decreasing and

offenders will be held more accountable for their actions. Jane Doe (2015) reported that she was

hesitant to take action or even see a counselor because the Army would record and keep record

of her visit.
Solutions:
No longer allowing commanders to prosecute assailants
Military-justice response for sexual assault should be out of the chain of command

(Davidson, 2013). There are no current policies on ignoring complaints, but according to

veterans that is often what happens to sexual assault victims (Gibbons-Neff, 2015). S.A.P.R.O.

publishes an annual report and there has been little progress from the program with its recent

years of existence (Lawhorne Scott, Philpott & Scott, 2014). For the most part, victims who do

decide to report are often pressured to drop the charges against their assailant, have been

transferred away from their unit or persuaded to leave the Armed Forces. In these cases, the

offender goes unpunished and the victim has to go through changes to his or her lifestyle. More

often than not, the assaulter gets little to not punishments or convictions and the most common

consequence is extra work hours for about two weeks. It is rare if a perpetrator actually gets
 SEXUAL ASSAULT IN THE MILITARY 14

charged, most of the commanding officers have had little training in handling sexual assaults and

they are the ones in charge of prosecuting perpetrators. Most of the cases dismiss the charges

despite the fact that there is evidence purely due to the fear of their units reputation will be

damaged by a sex scandal being on the record. Because of the lack of prosecution, the number of

assaults has been increasing for men and women in the military. Victims are often reluctant to

come forward as is, but when military members did report they were often revictimized and the

cases are not handled properly because the chain of command is not properly trained.
Mandatory reporting and action
Advocates want victims to report their assault, but cannot force them to do anything that

they do not want to do (Brooks, 2015). Usually due to a lack of evidence, there is not enough to

prosecute their perpetrators even though the victim had worked up the courage to take action.

When a victim attempts to hold their rapist or harasser responsible under the court of law and the

assailant is let off the hook it sets back a victims recovery. When victims attempts to incarcerate

their rapists and are unsuccessful, it changes their outlook and faith in the legal system making

them not want to report their assault. Civilians often have more access to legal and emotional

services than service members, by providing the same rights and resources veterans can be more

confident in reporting. Many victims often have the same rapist and do not pursue legal action;

two-thirds of sexual assaulters are considered serial rapists and if they are convicted there will be

less victims (Lardner, 2015). The commanders decide if a trial should be held and also make the

executive decision in the charges made whether it is honorable discharge, prison time or just

extra work hours. Most of the offenders will receive a cut in pay and a reduction in rank as a

punishment for a sexual assault charge but most women who accuse a person of assault in the

military will experience charges against them for adultery or other consequences. Gillibrand

stands with the legislations opinion that commanders should not have input on the process of
 SEXUAL ASSAULT IN THE MILITARY 15

deciding if serious crimes should go to trial or not. The Pentagon is opposed to the idea of

removing the commanders and does not want military attorneys to act as prosecutors. Adult sex

assault victims are not obligated to pursue legal action and it is their choice if they want to press

charges (Grabner, 2015). But in the event that a sexual assault case has a minor, elder or someone

who is disabled as the victim, the law requires the advocates to move forward in the best interest

of justice. It is harder to know the numbers of sexual assault in the workplace because nobody is

required to report complaints (Francis, 2013).

More consequences for those accused of assault
President Barack Obama stated in a press conference, If we find out somebody is

engaging in [sexual assault], theyve got to be held accountableprosecuted, stripped of their

positions, court-martialed, fired, dishonorably discharged. Period. Its not acceptable,

(Davidson, 2013, para.7).Usually commanders are reluctant to prosecute their service members

because it makes their branch or base seem like it has a bad reputation (Parrish, 2013). By

disregarding the stigma on sexual assault and prioritizing justice for victims, the consequences

for assailants should be upheld in order to have a lawful system. The U.S. Commission of Civil

Rights (2013) reports that victims have options such as taking either no or administrative action,

imposing a non-judicial punishment for the assaulter or referring the case to court martial.

Administrative action includes corrective measures such as a warning to the perpetrator. Adverse

administrative actions and non-judicial punishments are more severe and may include fines,

forfeitures, reduction in grade, and even administrative discharge. Unlike civilian criminal cases,

military court-martial members need do not to reach a unanimous decision. Only a two-thirds

majority is needed in order to be able to convict. If the accused is found guilty, the court-martial

members get to determine the sentence. The accuseds commander approves or disapproves of

the members findings and can either agree to or reduce the sentence. The commander can
 SEXUAL ASSAULT IN THE MILITARY 16

disapprove the legal sentence for any or no reason, whether it is the whole sentence or just an

aspect of it, the commander has the power to lessen the sentence. Commanders can also change a

punishment as long as the punishments severity does not increase. Service members convicted

of a sexual offense also may be required to register as sex offenders, but it depends on the

conclusion of the conviction.

Victim safety
Each victim will cope with their assault differently; by adapting care to the individual it

makes the process of recovery more successful (Brooks, 2015). The Ruth Moore Bill, which was

passed in July 2015, allows the survivors statement of MST to be considered as sufficient proof

that an assault occurred (Daly, 2015). Previously, the victim would need a statement from two or

more people proving that the victim had told them about their encounter in order to be taken as

evidence (Yamhill County Veterans Services Office, 2015). The approval of the bill hopes to

reduce the militarys struggles with combatting sexual assault including victims who have faced

retaliation from commanders or peers for reporting. The current VA policy allows statements

from a mental health professional or even a family member to be considered as evidence of an

assault, although critics say the VA has been inconsistent in applying that policy.
Conclusion:
Enhancing S.H.A.R.P. and S.A.P.R.O.
The Armed Forces should hire more Sexual Assault Response Coordinators, reimage their

S.H.A.R.P. and S.A.P.R.O. programs to be more efficient in prosecuting assailants and protecting

victims and encourage reporting. Although the I. A.M. Strong campaign exists, it could benefit

by teaching against rape culture in order to make soldiers aware of sexual assault and the

negative effects it has on people. By taking the power away from commanders and giving it to

trained law professionals more victims will feel comfortable reporting and rapists will be

properly punished for their crimes.

 SEXUAL ASSAULT IN THE MILITARY 17

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