Members of Congress said they will investigate how the military handles sexual assault and domestic violence.
Senate leaders set the investigation in motion Wednesday in the wake of a three-day Denver Post series, which concluded Tuesday, detailing widespread flaws in the armed forces’ justice system and victim services.
During a hearing of the Senate Armed Services Committee, chairman John Warner called findings of The Post’s investigation troubling and asked a subcommittee dealing with military personnel issues to look into problems.
“They’re quite disturbing, and now they’re pervasive throughout all branches,” Warner, R-Va., said of the stories.
Outside the Senate hearing, reaction to the investigative series conveyed concern about the problems uncovered.
“These allegations need to be taken seriously,” Sen. Ben Nelson, D-Neb., said in an interview. “I would support hearings into this matter … to get to the bottom of the charges and to seek changes in the policies that allow an environment like this to persist.”
Sen. Saxby Chambliss, R-Ga., who heads the subcommittee on personnel issues, which would lead the inquiry, was not available for comment Wednesday.
Sen. Wayne Allard, R-Colo., said the subcommittee probably would ask the Pentagon for a detailed response to The Post’s findings, then possibly convene hearings next year.
One of the key issues identified in the series was how military law allows commanders broad discretion over whether to prosecute their own soldiers.
Allard asked military officials at the hearing whether it is time for a review of the military’s unique justice system that allows that practice – the Uniform Code of Military Justice. Congress can amend or rewrite the code.
Gen. Peter Schoomaker, the Army’s chief of staff, defended the justice code during the Armed Services Committee hearing.
“Every time the UCMJ is looked at, it is held up as an extraordinary example of a system, and it has been looked at many times,” Schoomaker said.
“When was the last time it was reviewed?” Allard asked.
“I’ll have to get back to you for the record,” the general said. “It’s actually in relatively modern times.”
In fact, despite numerous calls for reforming the military system, no sweeping review of the UCMJ has been undertaken by Congress or the Defense Department in more than two decades.
Schoomaker added that the civilian justice system has flaws and said of the UCMJ, “We have great confidence that people use their best judgment and the element of fairness is involved in it.”
Military rape victims interviewed by The Post for the series, “Betrayal in the Ranks,” offered mixed reactions Wednesday to Warner’s call for an investigation.
“It’s great news,” said Sally Fictum, a Marine veteran who said she was blamed after reporting being raped. “If everything I went through could help somebody else, it will be worth it.”
Said Sharon Mixon, a National Guard veteran who told of being gang-raped during Operation Desert Storm: “If it’s lip service, (Congress) will end up re-traumatizing us just as if they were the perpetrators.
“If they follow through, then at least we are validated and can find something positive out of this.”
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The Post’s nine-month investigation found that military commanders routinely fail to prosecute those accused of domestic violence and sexual assault.
Nearly 5,000 alleged sex offenders, including alleged rapists, avoided prosecution in the Army during the past decade when commanders handled their cases administratively, instead of through their criminal courts, according to records obtained by The Post.
The newspaper also reported that the military leaves victims vulnerable to pressures – sometimes even threats on their lives – because of a shortage of victim advocates to create safety plans. More than 60 victims of assault told The Post they faced a climate of intimidation or were pressured to abandon prosecution of crimes.
Under the military system, commanders, not independent prosecutors, decide whether their soldiers go to trial for crimes – a scenario assailed by critics as a conflict of interest.
Allard said such powers raise serious questions about how uniform the military’s justice code is.
“Uniformity to some degree is a problem in all courts – that they don’t always treat cases the same way,” he told The Post on Wednesday. “It may be greater in the military because it’s not as open a process. I think we should take a close look at that aspect.”
Sen. Bill Nelson, D-Fla., an Armed Services Committee member, also backed an investigation.
A spokeswoman for Nelson said, “He certainly thinks there should be a zero-tolerance policy in the military (for sexual assault), and from what you’ve printed, that’s not the case. … The military is a place where women should be safe.”
Allard said the military’s victim-advocacy services also deserve a close look.
“It’s a national issue that should be addressed,” Allard said of a lack of protection for women.
The Post’s series was sparked in part by revelations at the Air Force Academy earlier this year that female cadets encountered retaliation after they reported crimes and that their attackers were not punished.
Pentagon officials could not be reached for comment Wednesday. Schoomaker’s office declined to comment.
Miles Moffeit can be reached at 303-820-1415 or mmoffeit@denverpost.com . Amy Herdy can be reached at 303-820-1752 or aherdy@denverpost.com .
