
Washington – Saying they are tired of years of foot- dragging by the military, lawmakers warned Pentagon officials in a hearing Thursday to supply Congress soon with more details about their plans to improve responses to sexual-assault cases.
They also demanded more answers about reports that military rape victims are being denied abortion services in the war zone, a trend several legislators called troubling.
During a hearing before a panel of the House Armed Services Committee, Ellen Embrey, deputy assistant secretary of defense for force health protection and readiness, stated that pregnancies are not terminated unless a victim’s life is at risk, drawing astonished reactions from Rep. Loretta Sanchez, D-Calif., and other lawmakers. Sanchez had asked Embrey to provide the panel with details about what reproductive services were being provided to female troops in the war zone, in addition to information about the scope of rape-crisis counseling and medical treatments made available.
The line of questioning exposed a conflict between congressional mandates, which authorize federal agencies to provide abortion services in instances of rape, and military policies.
“Abortions are not authorized … by Department of Defense officials unless the life of the person is threatened, Embrey told Sanchez.
“That’s incorrect,” Sanchez shot back, later adding that the armed services possibly “don’t understand the policy of this Congress.”
According to federal statutes, the Department of Defense is allowed to perform abortions when the woman’s life is at risk or when rape or incest caused the pregnancy. But the language does not mandate the procedure. Sanchez said she was concerned that if military procedures aren’t conforming with the spirit of federal law, women are being deprived of a necessary medical procedure that can relieve their trauma.
According to the Miles Foundation, a civilian rape-crisis organization, several female soldiers have been denied abortion services in recent months after they were raped. The foundation could not provide a total number of women denied abortions.
The abortion issue was raised during a lengthy hearing of the Total Force Subcommittee that was interrupted throughout the day by sporadic votes on the House floor. The hearing was called to take testimony from Embrey, Undersecretary David Chu and other defense officials who outlined findings and recommendations made by a Pentagon task force that spent 90 days studying flaws in the military’s handling of sex offenses.
But lawmakers stressed that officials were lax with details in their explanations and several stressed that they didn’t want to hear about more studies and meetings. Real solutions need to be found right away, they said.
Rep. John McHugh, the New York Republican who chairs the subcommittee, told defense officials that the military has failed to resolve ongoing issues of sexual assault during the past decade, despite the same patterns emerging time and again. After reading from the testimony of a staff sergeant who says she was raped and then mistreated by her command, McHugh said that her experience “is just another example of the system failing our service members.”
Rep. Vic Snyder, D-Ark., criticized Defense Department officials for routinely refusing to respond to requests for information from members of the Armed Services Committee in recent months.
Chu, undersecretary of defense for personnel and readiness, acknowledged that problems were widespread but insisted that the military still needs time to resolve deep conflicts and issues, such as whether to grant victims confidentiality protections after assaults. He said an upcoming week-long summit of commanders will tackle that issue and others.
On the abortion issue, McHugh agreed with Sanchez, saying he believed Congress’ “stance” was to allow abortions in cases of rape. He urged Chu and Embrey to return with clarifications about the procedures.
Kristen Houser, vice president of the National Alliance to End Sexual Violence, criticized the military’s approach to blocking abortion services for rape victims.
“It only compounds the trauma for anybody who finds themselves pregnant because of a rape,” said Houser, who submitted written testimony to the panel. “Carrying the child keeps the rape with them. Not all victims choose (abortion), but many want the option. I think it’s a necessary service to have.”
Staff writer Miles Moffeit can be reached at 303-820-1415 or mmoffeit@denverpost.com .



