Washington – Heeding cries for reform, Sen. John Warner is pushing for the creation of a standardized framework for handling sexual-assault crimes throughout the military, including providing confidential reporting channels for victims.
Warner’s legislation, approved by the Senate Armed Services Committee, requires the Department of Defense to establish new comprehensive policies for protecting victims and investigating complaints. It also requires the secretary of defense to submit detailed reports on sexual-assault statistics and disciplinary actions to Congress annually, among other provisions.
Warner, who chairs the panel, could not be reached for comment on the legislation.
Advocates for the rights of military victims praised many aspects of the legislation, especially the plan to give victims confidentiality, a protection commonly granted in the civilian world. However, they said they fear the Pentagon has too much control over creating many of the new procedures. “We think it’s important for Congress to outline more specifically what DOD policy should be,” said Christine Hansen, executive director of The Miles Foundation, a victim advocacy group.
The Warner legislation, created with input from Colorado Sen. Wayne Allard, is the first major piece of legislation addressing the military’s handling of sexual assault to gain momentum in Congress after months of media reports highlighting problems, congressional hearings and calls from victim rights organizations for reforms.
As military officials faced a harsh spotlight this past week over treatment of prisoners in Iraq, reforms concerning the military’s response to crimes of sexual and domestic violence quietly were being crafted on Capitol Hill, with several proposals moving from scribble pads to committee consideration.
California Rep. Loretta Sanchez’s proposal to broaden the military’s definition of rape crimes was under consideration late Wednesday by the House Armed Services Committee. And a proposal by U.S. Rep. Carol Kilpatrick to create a high-level Department of Defense office dedicated solely to protecting rights of victims of rape and domestic violence is in the drafting process, set to be introduced sometime in the next few weeks.
In an interview Wednesday, Allard commended Warner’s legislation, which comes in the form of an amendment to the 2005 Defense Authorization Bill.
“Confidentiality is extremely important,” Allard said. “Every measure should be taken to protect the victim. Yet we must find ways for victims to report sexual assaults to the chain of command. Sadly, many sexual assaults do not get reported.”
Warner’s bill would mandate that every branch of service comply with the same procedures for investigating crimes and dealing with victims. Senators in a March congressional hearing criticized the current hodgepodge of policies. But his mandate defers to Secretary of Defense Donald Rumsfeld for guidance in writing policies.Rumsfeld is expected to release the findings of a Department of Defense sexual-assault task force by next week.
Warner’s legislation also seeks to boost the advocates who assist victims with advice on legal services and health care, for women stationed both overseas and at home, although no specific guidelines were included. It asks the department to develop protocols for collaborating with civilian agencies that provide rape services. And it calls for improved oversight of disciplinary actions handed out by commanders, although it again lacks specifics on who should have that oversight.
The Department of Defense also would be required to submit annual reports summarizing disciplinary actions in sexual-assault cases.
Congressional staff from members of the Senate Armed Services Committee declined to predict when Warner’s bill could go to a floor vote, saying it could be days or months.
The Congressional Women’s Caucus holds a hearing today into how the military is handling domestic-violence issues, many of which overlap with the services’ approach to sexual assault.
Staff writer Miles Moffeit can be reached at 303-820-1415 or mmoffeit@denverpost.com .
