WASHINGTON – Lawmakers challenged Pentagon officials Wednesday to revamp policies to better protect service members who have been raped, and they stressed that if the military fails to act, Congress will.
During a four-hour hearing, members of the Senate Armed Services Committee called a recent string of reported rapes in the military “shocking,” and they urged the military to standardize services for victims to keep them safe.
Committee chairman John Warner, R-Va., promised to “take over” reform of military practices unless serious action was taken. And Sen. Saxby Chambliss, the Georgia Republican leading the investigation, stressed that soldiers should not have to fear being attacked in their own camps.
Chambliss, addressing military leaders in a room packed with more than 200 people, said that his subcommittee’s interviews with assault survivors and others showed “shocking percentages of sexual assaults suffered by women in uniform.”
“They (soldiers) need to know that they can operate on a daily basis in the U.S. military without fear of sexual assault,” he said.
Department of Defense officials responded by saying they will not tolerate sexual assault and acknowledged that they have launched several procedural reviews to address criticisms of their systems, including another task force within the Army.
“All of our policies are up for review,” said Undersecretary of Defense David Chu. “All of them are on the table.”
That brings to five the number of government investigations into the armed forces’ handling of sexual assault and domestic violence cases, including an internal investigation ordered in February by Secretary of Defense Donald Rumsfeld. The inquiries were prompted by articles in The Denver Post chronicling widespread problems with victim services, such as a lack of advocates, and leniency for thousands of sexual-assault suspects who avoid prosecution. Many alleged victims also faced punishment after reporting crimes.
The Post also reported that dozens of women returning from war duty in Iraq have sought assistance because of alleged attacks by fellow soldiers while overseas.
Wednesday’s hearing featured, at times, vigorous questioning by senators, spanning a variety of issues involving military policy and culture. A round of questioning, for example, exposed gaps in Defense Department policy that may force a rape victim to continue working with a commander who allegedly assaulted her.
Chambliss and other Senate leaders billed the hearing as the first of several, emphasizing that “we are not here today to prosecute anybody. We are here to look at facts and to do our job, which is oversight of the U.S. military.”
Military justice analysts say the lawmakers’ questions about the military legal system, which gives commanders the power to decide whether soldiers face prosecution, show they are serious about probing the military. “Those senators who brought it up, they’re to be commended,” said Eugene Fidell, director of the National Institute of Military Justice. “I hope it’s a sign of things to come.”
Chambliss asked whether the department had policies that addressed the safety of rape victims who report assaults by supervisors, citing his recent conversation with a victim who, after reporting an assault, was placed back in the same company as her commander. No specific policy exists, Chu responded, saying the decision is left to a senior commander at the scene.
“That bothers me,” Chambliss said. “… I really think this is something the (Defense Department) task force should look at.”
Chu agreed.
Senators were told that the number of cases involving female soldiers who allegedly were sexually assaulted while serving during the Iraq and Afghanistan operations had reached 68. The military has reported 88 sexual-misconduct cases but declines to specify how many involve assaults.
Christine Hansen, executive director of the Miles Foundation, testified that common patterns thread through many of the cases, including a lack of complete investigations, lack of medical treatment and no separation from their alleged attackers. A lack of victim advocates and counselors also is being reported to the foundation, a civilian victim advocacy organization that helps military victims.
Victims “significantly fear a negative impact,” Hansen said, adding that is the reason victims are seeking help from the foundation instead of the military.
Hansen proposed the creation of an Office of the Victim Advocate at the top echelons of the military to channel more services to victims and to protect their rights.
Danielle, a sexual-assault victim interviewed after the hearing, said she believes victims desperately need such a representative.
Some of the same complaints about lack of advocacy and counseling have been made by trainees at Sheppard Air Force Base in Texas, according to nearby civilian rape crisis center officials.
“Questions are being asked of them that are not being asked of civilians anymore, such as were you drinking, what were you wearing,” said Deborah D. Tucker, executive director of the National Center on Domestic and Sexual Violence. “Those kind of old-school strategies.”
Sen. Susan Collins, R-Maine, said she has been disturbed by the reports of women soldiers being assaulted by men in their own ranks during the recent wars.
“No war comes without costs,” said Collins, “But the cost should be borne of conflict with the enemy, not from egregious violation by our own troops. Why is there less public outrage when servicewomen suffer at the hands of servicemen than from the enemy? This cannot stand.”
Sen. Ben Nelson, D-Neb., and at least two other senators pressed Chu on whether Rumsfeld had authorized a critique of the military justice system, drawing assurances from the undersecretary that the review would include all military policies.
But every general questioned Wednesday defended the Uniform Code of Military Justice and giving the commanders discretion to decide punishments for crimes, saying it was necessary to maintain discipline and unit cohesion within the ranks.
Adm. Michael G. Mullen, the Navy’s vice chief of operations, described the system as “the heart and soul of who we are and what we do.”
But under questioning from Sen. Mark Pryor, D-Ark., who suggested the code might need updating, the generals said they would support a review of the system.
“I would welcome a review that makes it better,” Mullen said.
Chambliss said there were no plans to call victims to testify, but “we are not ruling out anything as we move forward.”
Danielle, whose mother was in the audience, said she was disappointed. “If they have no faces, how are we real to them?”
Rep. Louise Slaughter, D-N.Y., however, plans to organize a hearing this spring or early summer in the House to address the issue through the women’s caucus. Slaughter said she will seek testimony from victims.
WHO TESTIFIED
David S. Chu: undersecretary of defense for personnel and readiness
Gen. George W. Casey Jr.: Army vice chief of staff
Adm. Michael G. Mullen: Navy vice chief of naval operations
Gen. William L. Nyland: Marine Corps assistant commandant
Gen. T. Michael Moseley: Air Force vice chief of staff
Christine Hansen: executive director, the Miles Foundation
Terri J. Rau: head of the Policy and Prevention Section of the Counseling, Advocacy and Prevention Branch, Navy Personnel Command
Deborah D. Tucker: executive director, National Center on Domestic and Sexual Violence
Susan H. Mather: chief officer, Office of Public Health and Environmental Hazards, Veterans Health Administration
