Forces at risk from sexual assault (Politico)

There is a growing epidemic in the U.S. military that can put the morale and health of our forces at risk. Cases of sexual assault are becoming more prevalent in the public eye and statistically, we have seen an increasing number of reported cases of sexual assault.

More than 3,400 sexual assault cases were reported either through restricted or unrestricted channels, according to the Fiscal Year 2010 Defense Department Annual Report on Sexual Assault in the Military. Many critics see the increased number of reported cases as an indicator that current policies and efforts are ineffective. Others say the increase is a sign of progress — reflecting growing confidence victims now have in the system.

Unfortunately, it has taken us a long time to get to where we are today. Sexual assault was once viewed as an invisible crime that the military hoped to avoid addressing. The Defense Department was first directed only seven years ago to look at the growing problem of sexual assaults in the military. Victims had begun to speak up, and Congress saw the flaws in how the military was processing sexual assault cases.

These systemic flaws became more visible in 2005, as I worked with my colleagues and the Defense Department to revise Article 120 of the Uniform Code of Military Justice. It was outdated and placed victims at a disadvantage. Before our revision in 2006, only two major changes had been made to the code since 1950.

However, through the FY06 legislation, Congress aligned military law with federal civilian law to the fullest extent possible. I, with a number of my colleagues, revised the uniform code by adopting a modern, complete sexual assault statute that better protects victims and provides military prosecutors a clearer definition of sexual assault — making prosecution easier.

The department has also established a universal hotline to help victim reporting and allow victims to be connected with a local sexual assault response coordinator.

In the FY11 National Defense Authorization Act, Congress mandated the department improve sexual assault forensic exam practices by ensuring SAFE kits are either available or accessible in time to preserve evidence. It also ensures that military personnel have access to qualified medical personnel to collect evidence — especially in deployed and remote environments.

The Defense Department still lacks initiative toward implementing accountability measures in some areas. Congress has mandated a number of resources and reports to determine how we build a military in which sexual violence is not tolerated. For example, we requested a sexual assault database in 2008, which has yet to be established.

I also requested a report reviewing each of the services’ processes for handling sexual assault allegations and the personnel and budget resources each service allocates to handle these allegations. Congress has yet to receive this report.

One way of responding to these sexual assault cases in the military, some have suggested, is removing them from the military’s chain of command and shifting them to civilian courts. While well-intentioned, I don’t believe this will help achieve the justice that victims of sexual assault are seeking. Rather, it would only take accountability further away from the commanders — who should be held responsible for the safety and well-being of their units.

The Defense Department last year approached Congress and requested a revision to the UCMJ involving prosecution of sexual assault cases in the military. It recommended focusing the prosecution on the perpetrator rather than the victim, by using a force-based statute.

Congress is now hoping to include these changes in the FY12 NDAA. While great progress has been made, establishing a military environment that will not tolerate sexual violence — or any type of abuse — is a work in progress.

As much progress as the military has made in the past decade — these changes cannot come quickly enough for the victims of sexual assault. Regardless of why we are seeing more sexual assault cases reported, 3,400 reported cases of sexual assault crimes in the U.S. military is unacceptable. It must not be tolerated.

The Defense Department is overdue to take action in several areas, and there are no good excuses for its delay — especially when the well-being of our military personnel is at risk. There must be consequences for inaction by the commanders and the Department of Defense.

Congress has mandated a number of action items over the past decade. But until they are implemented by the department and followed by the commanders, they will continue to just be words on paper.

Rep. Loretta Sanchez (D-Calif.) serves as ranking member of the House Armed Services Subcommittee on Strategic Forces and is a senior member of the Committee on Homeland Security. She is the founder and co-chairwoman of the Women in the Military Caucus.