Speier authors amendments on military sexual assault
STATEMENT FROM CONGRESSWOMAN JACKIE SPEIER
The House Armed Services Committee accepted the following amendments from Congresswoman Speier:
Department of Defense Review of Unrestricted Reports of Sexual Assault and Discharges
This amendment requires the Department of Defense to review all unrestricted reports of rape and sexual assault in the military, dating back to 2000, to determine whether victims were discharged subsequent to reporting, on what grounds and if the separations were in compliance with DOD regulations.
On this amendment, Congresswoman Speier said:
“Mental health diagnoses are rampantly misused to administratively discharge survivors of sexual assault and other service members. Since 2001, the military has discharged more than 31,000 service members on the grounds that they had personality disorders.
“A 2008, a GAO investigation found that the services were only in compliance of their own requirements related to the personality disorder diagnosis by a psychiatrist or psychologist between 40 to 78 percent of the time.
“My hope is that this amendment and the findings it produces will trigger the military to address these mishandled cases. I will be monitoring their actions and will continue to hold them accountable.”
Workplace and Gender Relations Survey
This amendment requires the Workplace and Gender Relations Survey to be conducted in 2014, 2015, and every two years after that rather than on quadrennial basis. The survey and related report includes an analysis of the prevalence of active duty members’ experiences of sexual assault, as defined by the Uniform Code of Military Conduct (UCMJ), in the 12 months prior to taking the survey and the details of incidents they have experienced.
On this amendment, Congresswoman Speier said:
“The WGR survey reveals the estimated number of rapes or sexual assaults that occurred the year prior and the SAPRO report documents the cases that were reported by victims in either a restricted or unrestricted manner in the year prior. This estimate provides vital context for the other data annually required to be included in the SAPRO report. Problematically, the WGR survey is conducted every four years, while the SAPRO report is published annually making the data compatible only every four years.
“The most recent WGR Survey that was conducted in 2010 revealed an astounding estimated 19,000 rapes or sexual assaults were committed in the military that time frame. That estimate compared with FY10 SAPRO data enabled us to determine that only about 13.5% of cases of military rape or sexual assault are ever reported. But, subsequent SAPRO reports lack the same context because survey estimates will not be available until 2014.”
Independent Uniform Code of Military Justice Review
This amendment requires the Secretary of Defense to assemble an independent panel to conduct a review of UCMJ procedures in sexual assault cases. The panel will examine the punishments or administrative actions taken in response to sexual assault court-martial proceedings, the court-martial convictions of sexual assaults and any subsequent appeals made by defendants, the number of instances in which previous sexual conduct was included in Article 32 proceedings, and the training level of defense and prosecution trial counsel.
On this amendment, Congresswoman Speier said:
The independent panel will identify deficiencies in the UCMJ judicial proceedings of sexual assault and determine if tools and processes used by state and federal criminal courts would improve the UCMJ.
Congresswoman Speier offered the following amendment which was not accepted by the committee:
Creation of Separate Office with Discretion of Sexual Assault Related Offenses
This amendment would take cases of rape and sexual assault out of the hands of commanders and places the jurisdiction in the hands of an impartial office staffed by experts – both military and civilian. This office would oversee the investigation of the case and, if appropriate, the prosecution of these cases. This office may consult with commanders and even refer these cases back to them if they deem appropriate.
On this amendment, Congresswoman Speier said:
“According to the DOD’s FY11 report on sexual assault in the military, fewer commanders decided to bring charges against perpetrators and of those charged many fewer were successfully prosecuted. In 2010, 1,025 actions were taken by commanders on the grounds of sexual assault, in 2011 there were 791 — a decrease of 23%. The number of initiated court-martials fell 8%, from 529 in 2010 to 489 in 2011. The number of perpetrators convicted of committing a sexual assault decreased 22%, from 245 in 2010 to 191 in 2011.
“New guidance from the Secretary of Defense requires cases of rape and sexual assault to be handled by higher ranking officers in the chain of command, however this proposal will not remove the inherent conflict of interest within the chain itself.”