 |
© National Sexual Violence Resource Center 2013. All rights reserved.
|
#CivilianAdvocates #Military #NationalSexualViolenceResourceCenter #SexualViolence #CentersforDiseaseControlandPrevention #CDC
Sexual Violence in the Military
A Guide for Civilian Advocates
Sexual violence is a pervasive public health problem in the United States,
and the military is not immune to its damaging effects. The military is working to
materialize recommendations1 made by the U.S. Department of Defense, Defense
Task Force on Sexual Assault in the Military Services (DTFSAMS, 2009), on sexual
violence prevention and response.
The military has made progress in reducing sexual violence and connecting victims2 to
services. Sexual violence runs against the grain of military standards of service and
values, yet it still happens.
Continued and expanded efforts are needed to help support survivors and work to
prevent sexual violence from occurring. The purpose of this guide is to provide
advocates working in community-based sexual assault programs with an
understanding of sexual violence in the military and to offer resources to support
their collaborative efforts with military personnel in responding to the needs of
survivors and preventing sexual violence.
1 Policies and procedures surrounding military sexual violence are rapidly changing.
The information in this guide has been expanded to include the most recent updates
as of press time. For the most up-to-date coverage, follow the National Sexual Violence
Resource Center on Facebook and on Twitter.
2 Throughout this document, the terms “victim” and “survivor” are used interchangeably
to be inclusive of the various ways people who have experienced sexual violence might
identify.
Section One
Overview
(picture: headshot of a female military member wearing a camouflage hat)
The Military Structure
To understand why sexual violence and
harassment persist in the military, it is
helpful to have a basic understanding of the
various military branches. There are three
military departments overseen by the U.S. Department of Defense (DOD), which is led by
the president-appointed Secretary of Defense. The Department of the Army oversees the Army;
the Department of the Navy oversees the Navy and the Marine Corps; and the Department of
the Air Force oversees the Air Force. The fifth and final branch of the military is the Coast
Guard, which is overseen by the Department
of Homeland Security, but control could be
relayed to the Department of the Navy during wartime. According to the DOD, in January
2013, there were 1,429,995 members of the armed forces. The Army consisted of 541,291
members, the Marine Corps had 195,338
members, the Air Force had 333,772 members,
the Navy had 317,237 members, and the Coast Guard had 42,357 members (DOD, 2013a).
There are several classifications of positions
held in the military. “Active duty” refers to a
service person who works full time or is in
full-time training in the military, excluding the
National Guard (DOD, 2010b). The reserve and National Guard are subsets of the military
branches that have members who might not be on active duty (DOD, 2010b). The military as a
whole is largely male, with approximately 14% to 18% of active, reserve, and National Guard posi
tions held by females (DOD, 2010a). The majority of the armed forces self-identify as white, with
24.1% of reserve and guard members and 30% of active-duty members identifying with a
minority race (DOD, 2010a). Hispanic ethnicity is identified by 10.8% of active-duty members and
9.5% of the reserve and guard (DOD, 2010a). The age range of the armed forces spans from 18
years old to older than 40 years old, with 44.2% of active-duty members and 33.3% of reserve and
guard members younger than 25 (DOD, 2010a).
Since October 2005, the Sexual Assault
Prevention and Response Office (SAPRO)
has been the organization responsible for the
oversight of the DOD’s Sexual Assault Prevention
and Response (SAPR) Policy.
SAPRO is congressionally mandated to serve as the department’s single point of accountability
for sexual assault policy matters and provides oversight to ensure that each of the military
services’ (Army, Navy, Marine Corps, and Air Force) SAPR programs complies with DOD policy,
which states:
“The DOD goal is a culture free of sexual assault, through an environment of prevention,
education and training, response capability ... victim support, reporting procedures, and
appropriate accountability that enhances the safety and well-being of all persons covered by
this Directive” (DOD, 2012c).
SAPRO’s vision is to lead the department’s effort in creating an organizational environment that
establishes a culture free from sexual assault. It is believed that concerted prevention, response,
and oversight efforts could reduce the number of sexual assaults while increasing victim
reporting rates, quality of care, and successful offender accountability.
There are key roles involved in sexual assault response that are the same across the military
services. The Sexual Assault Response
Coordinator (SARC) is the “single point of
contact” in coordinating victim care from initial report to resolution of the victim’s health and
well-being. With new policy changes, there are now SARCs and SAPR victim advocates in each brigade
or equivalent unit level (DOD, 2013b). Working with the command and first-response groups to address
systemic barriers to victims’ services and increase offender accountability is a secondary role. The
SARC is the first responder and is responsible for notifying a SAPR victim advocate. The SARC might
also be on call 24 hours a day.
Terminology
Military Sexual Trauma (MST) can include the act of sexual violence perpetrated by one service
member against another. It also could refer to
a survivor’s psychological response to sexual
violence. MST is not an officially recognized
term by the DOD, but it is defined by the U.S.
Department of Veterans Affairs as “sexual assault or repeated, threatening sexual
harassment that occurred while the veteran was in the military. It includes any sexual activity
where someone is involved against his or her will — he or she might have been pressured into
sexual activities (for example, with threats of negative consequences for refusing to be sexually
cooperative or with implied faster promotions or better treatment in exchange for sex), may have
been unable to consent to sexual activities (for example, when intoxicated), or may have been
physically forced into sexual activities. Other experiences that fall into the category of MST
include unwanted sexual touching or grabbing; threatening, offensive remarks about a person’s
body or sexual activities; and/or threatening or unwelcome sexual advances” (U.S. Department
of Veterans Affairs, 2012, para. 1).
Some feel that the term MST is too vague and narrow, and that it does not encompass the
severity of the acts of sexual violence that can occur within the military. Additionally, MST does
not necessarily reflect the sexual violence that might be experienced by military personnel
outside of a military setting or prior to military involvement. To be as inclusive as possible of
survivors’ experiences, the terms “military
sexual violence” and “sexual violence in the
military” are used throughout this guide.
Effects of Military
Sexual Violence on Victims
Many studies link the effects of trauma from sexual violence to increased mental health
struggles. Research has found connections between sexual violence while serving in the
military and diagnoses of mental health problems, including anxiety, depression,
eating disorders, substance abuse, bipolar and personality disorders, sexual difficulties,
increased rates of psychiatric hospitalization, and high rates of Post-Traumatic Stress Disorder
(PTSD) (Cater & Leach, 2011; Kimerling et al., 2010; Suris & Lind, 2008). In one study, sexual
harassment and sexual assault among reservists resulted in significantly poorer health status,
even almost a decade after service (Street, Stafford, Mahan, & Hendricks, 2008). Additionally,
military sexual violence has been linked to homelessness among female veterans. In
another study, 40% of female veterans who were homeless indicated that they experienced
sexual abuse during their service (Natelson, 2009). Sexual violence can have a negative and
devastating impact on the health and well-being of servicemen and servicewomen, their families,
and the larger military community.
Section Two
Understanding Sexual Violence in the Military
Social Norms That Contribute to Sexual Violence
Sexual violence occurs within a social context, where individual behaviors are shaped by
larger social norms. Social norms about women, power, violence, masculinity, and privacy have
been identified as key contributors to sexual violence (Davis, Parks, & Cohen, 2006). More
specifically, social norms that oppress and objectify women, value the use of power over
others, tolerate violence and victim-blaming, support traditional views of masculinity as
dominant and controlling, and foster secrecy around individual or family matters, all contribute
to an environment where sexual violence can occur (Davis et al., 2006).
While these social norms exist in the larger society, they can be magnified in a military
environment. Military standards of behavior include “honor, integrity, discipline, teamwork,
courage, loyalty, and selfless duty” (DTFSAMS, 2009, p. 6). These standards can help to create a
culture free from sexual violence. However, “mixed messages about sexual assault
prevention and response during training, particularly at the inception of military service,
diminishes the services’ ability to leverage training to convey a military culture of zero
tolerance for sexual assault and other unacceptable behaviors” (DTFSAMS, 2009, p. 7). An emphasis
on unit cohesion and the hierarchical structure of the military could deter victims from coming forward
and getting help (DTFSAMS, 2009). A former commander echoes this in saying, “I can tell you
that junior people don’t believe they can complain. They have a ‘suck it up’ mentality. They want to get
the job done.” (DTFSAMS, 2009, p. 10). Issues surrounding sexual violence are uniquely complicated
in a military environment.
(side box containing the following information)
Domestic Violence
Military domestic violence, though beyond the scope of this guide, is an important
issue. For more information, visit these sites:
• Family Advocacy Program:
http://www.militaryonesource.mil/abuse;
http://usmilitary.about.com/library/milinfo/dodreg/bldodreg6400-1.htm
• National Coalition Against Domestic and Sexual Violence:
http://www.ncdsv.org/ncd_militaryresponse.html
• The Hotline:
http://www.thehotline.org/
• Domestic Violence Resources for Military Families:
http://www.realwarriors.net/family/support/domesticviolence.php
• Tools for Service Providers: Child Abuse and Domestic Abuse:
http://www.militaryonesource.mil/abuse/serviceproviders
(side box containing the following information)
‘The Invisible War’
Multiple media stories have included accounts of military sexual violence victims
being demoted, punished, or discharged following their reports of sexual violence,
while the accused perpetrators received lesser and sometimes no punishments at
all (Block, 2003). Several survivors have come forward to state that after reporting
a sexual assault, they were diagnosed with personality disorders and subsequently
discharged from service (Martin, 2012). In an environment where trust is crucial to
survival, the emotional scars from sexual assault impact various areas of a person’s
life. An Army enlistee shared her experience this way: “The betrayal issues to this day are
still pretty deep … I was like, ‘I’m willing to give my life for this guy next to me, but how
do I know that he’s not going to hurt me?’ ” (Couric, 2009). Army Specialist Mickiela
Montoya carried a knife with her for protection against her fellow soldiers while in Iraq and
said that women had three classifications in the military: bitch, ho, or dyke (Benedict,
2007). The voices of these survivors make the primary prevention of sexual violence in
the military critical. The documentary “The Invisible War,” which debuted at the Sundance
Film Festival in the spring of 2012 and was nominated for an Academy Award in 2013,
sheds light on these issues.
Prevalence of Sexual Violence in the Military
The National Intimate Partner and Sexual Violence Survey (NISVS), a nationally
representative survey of adults in the U.S., found that 79.6% of female victims were raped before
the age of 25; 42.2% of them were raped before they turned 18 (Black et al., 2011). NISVS also
found that 27.8% of male victims were raped when they were children, before the age of 10
(Black et al., 2011). The study also found that women and men who had been raped before the
age of 18 had a higher prevalence of later sexual victimization in adulthood (Black et al., 2011).
While these data are not specific to military personnel, they can be useful in furthering the
understanding of how sexual violence might affect military service members, the majority of
whom are younger than 25. Service members might have experienced sexual violence during
childhood or young adulthood — before joining the military — while others might experience
sexual violence once they are enlisted. Given that women and men with past experiences
with sexual violence are likely to experience subsequent victimizations in their lives, it is
especially important for military and civilian advocates to work together in sexual violence
prevention and response efforts.
Further — according to the NISVS technical report Prevalence of intimate partner violence,
stalking, and sexual violence among active duty women and wives of active duty men — Compari
sons with women in the U.S. general population, 2010 — deployment was found to be linked to
increased violence against active-duty women. More specifically, active-duty women who were
deployed in the three years prior to participating in the NISVS survey were significantly more
likely to have experienced contact sexual
violence and intimate partner violence when
compared with active-duty women who were
not deployed” (Black & Merrick, 2013).
Studies show a high prevalence of sexual
harassment and sexual assault among active-
duty and reservist military service members (Street et al., 2008). Natelson (2009) reports that
almost one third of female veterans were raped or sexually assaulted while serving in the military,
and sexual harassment is experienced by the majority (70% to 90%) of female veterans.
Section Three
Reporting Sexual Violence in the Military
According to the DOD’s 2012 annual report on sexual assault in the military, there were 3,374
reported sexual assaults in 2012, representing a 6% increase from 2011 (DOD, 2013b). However,
findings from the 2012 Workplace Gender Relations Survey of Active Duty Members (WGRA),
shows the prevalence of sexual assaults in the military to be much higher (Defense Manpower
Data Center [DMDC], 2013). The WGRA is an anonymous survey administered to active-duty
military service members to assess gender relations and the prevalence of sexual assault,
sexual harassment, and sexist behaviors in the past 12 months. The survey also examines the
progress of the policies, practices, and trainings addressing these issues in the military.
More specifically, the WGRA measures unwanted sexual contact and unwanted gender-related
behaviors among active-duty service members. Unwanted sexual contact is defined as “inten
tional sexual contact that was against a person’s will or which occurred when the person did not
or could not consent, and includes completed or attempted sexual intercourse, sodomy (oral
or anal sex), penetration by an object, and the unwanted touching of genitalia and other sexu
ally related areas of the body” (DMDC, p.1, 2013). Unwanted gender-related behaviors encompass
sexual harassment and sexist behaviors, defined as “crude/offensive behavior (e.g., repeatedly
told sexual stories or jokes that are offensive); unwanted sexual attention (e.g., unwanted
attempts to establish a romantic sexual
relationship despite efforts to discourage it);
sexual coercion (e.g., treated badly for refusing
to have sex) … and verbal and/or nonverbal
behaviors that convey insulting, offensive, or
condescending attitudes based on the gender
of the respondent” (DMDC, p.2, 2013).
In 2012, 22,792 service members participated in the WGRA. Of those who responded, 6.1%
of women and 1.2% of men said that they had experienced unwanted sexual contact in 2012
(DMDC, 2013). Secretary of Defense Chuck Hagel extrapolated that these percentages represent
approximately 26,000 service women (12,000) and men (14,000) (DOD, 2013c).
(picture: male Army soldier in dress uniform standing in front of a house with american flag hanging)
Increases in assaults against women in the military were of statistical significance between
2010 and 2012. Of women who indicated they had experienced unwanted sexual contact, 32%
experienced unwanted sexual touching, 31% experienced completed [unwanted] sex, and
26% experienced attempted [unwanted] sex, (DMDC, 2013). Of the men who indicated that
they had experienced unwanted sexual contact, 51% said that they had experienced unwanted
sexual touching, 10% had experienced completed [unwanted] sex, and 5% had experienced
attempted [unwanted] sex (DMDC, 2013).
For women and men, most assaults occurred at a military installation during work or duty hours.
For both women and men, most assaults were
committed by military coworkers, another mili
tary person or by a military person of higher rank (for women) or a military person within the same
chain of command (for men) (DMDC, 2013). Further, findings show that offenders used physical force,
threats to ruin reputations, threats of further physical harm to commit sexual violence against female
and male service members. Additionally, offenders often sexually harassed and stalked women and
men before the unwanted sexual contact.
Barriers to Reporting
Sexual violence is highly underreported in the larger U.S. society and military. Therefore, the
available data about sexual violence presents estimates that are much lower than its actual
prevalence. Barriers to reporting sexual violence in the military could limit what is known about
the true scope of the problem.
Of the women who experienced unwanted sexual contact, 17% reported the incident to a military
authority or organization and 16% reported to civilian and military authority/organization. This
means that 67% of female victims did not report their assaults, citing such reasons as: they did
not want anyone to know, they felt uncomfortable making the report, and they did not think
their report would be kept confidential (DMDC, 2013). Of the men who experienced unwanted
sexual contact, only 10% reported the incident to a military authority/organization and only 9%
reported to both a civilian and military authority/organization (DMDC, 2013).
Findings from the unwanted gender-related behaviors section of WGRA shed light on the
culture that surrounds and supports sexual violence in the military (DMDC, 2013):
• 23% of women and 4% of men experienced sexual harassment in the 12 months prior to the survey
• 41% of women and 20% of men experienced crude or offensive behavior
• 23% of women and 5% of men experienced unwanted sexual attention
• 8% of women and 2% of men experienced sexual coercion
• 47% of women and 15% of men experienced sexist behaviors
Many survivors describe being ostracized
and blamed by fellow service members for
destroying the cohesion of the unit after reporting their abuse, even if disciplinary action against the
perpetrator is not taken. Rumors and stories about the negative experiences of other survivors
influence victims’ decisions on whether to report what happened to them (Rock, Limpari, Cook,
& Hale, 2011). Sexual assault by a superior or a
fellow unit member creates a situation where
victims might have continued contact with the
perpetrators (U.S. Government Accountability
Office [GAO], 2011).
Another concern could revolve around the low prosecution rate for sexual assault in the mili
tary. According to the DOD Annual Report on Sexual Assault in the Military, Fiscal Year 2012,
out of the 1,714 cases that qualified for possible disciplinary action, only 594 went to courts-
martial (DOD, 2013b).
Many survivors
describe being ostracized
and blamed by fellow service
members for destroying the
cohesion of the unit after
reporting their abuse ...
Military Protocols
Once a victim makes a decision to report a
sexual assault, he or she can speak with
a Sexual Assault Resource Center (SARC),
victim advocate, or health care personnel (DOD,
2012b) in order to ensure they retain the restricted reporting option. If a disclosure is made to a
health care provider, a SARC or victim advocate will be notified (DOD, 2012b). Once a connection
is made with a SARC or victim advocate, they will assist the victim in completing an official form
called the Victim Reporting Preference Statement (VRPS). The VRPS details the reporting options,
explains the limitations and provides the victim with the power to consent to either a restricted
or an unrestricted report.
Confidentiality
There are differences between the two
reporting methods that are outlined in this
section. One significant distinction between the two reporting methods is the degree to which
information is shared. In the civilian world,
“confidentiality” is defined by state law to
generally include all verbal and written
communications between a victim and
counselor/advocate, as well as observations made by the counselor/advocate. Except in the
cases of child abuse disclosures or duty to warn (when a client poses a danger to himself/her
self and/or others), information that is shared between a victim and a counselor/advocate may
only be released through informed and written consent of the victim. Although the military uses
the word “confidential” in the context of sexual violence reports, its bounds are not absolute;
information that is provided by victims still might be shared with military personnel, whether the
victim wants this to happen or not. An exception to this is when victims share information with military
chaplains and legal assistance attorneys/officers.
Restricted Reports
Available to military personnel and dependents 18 and older, the purpose of a restricted report is
twofold. First, restricted reporting allows victims to have control over the release of their private infor
mation, and it provides victims the assistance they need in the aftermath of an assault without setting
an investigation in motion.
With a restricted report, the victim will receive counseling, medical treatment, and advocacy
services (DOD, 2012b). Another consideration
in filing a restricted report is that the details of the
assault will be kept confidential unless the victim changes his or her mind and authorizes the report
to become unrestricted (DOD, 2012b). However,
as part of holding command accountable and
in an effort to protect the safety of others,
the commander will be given non-personally
identifiable information about the sexual assault that could include age and gender of the victim
as well as the location and date of the incident (DOD, 2013a).
In some situations, such as in a deployment
environment, this basic information could
compromise confidentiality due to low numbers of minority and female service members (DOD,
2012b). One important limitation of restricted reports is the lack of an investigation into the
assault, which means that the perpetrator will
go unpunished and contact could continue
between the perpetrator and survivor (DOD, 2012b). Communications between survivors and
chaplains and legal assistance attorneys/officers or clergymen could have confidential protections
under the Military Commission Rules of Evidence, but do not constitute an official report (DOD,
2007). If a survivor tells someone other than
a chaplain, legal assistance attorney/officer, SARC,
victim advocate, or health care personnel, the report might become unrestricted, as peers could
be required to report the crime
(DOD, 2012b).
It is important that advocates inform victims
that if they speak to anyone other than a
restricted reporter or chaplain, an independent investigation can be initiated. When an
independent investigation is initiated, the
information shared with restricted reporters
remains confidential, but military criminal
investigators can interview everyone who might
be a witness to the crime and might also interview the victim. The best way to maintain a restricted
report is to not discuss the matter with anyone but a restricted reporter or chaplain.
Unrestricted Reports
To make an unrestricted report, the victim
can go to any of the individuals listed above,
as well as their chain of command, law enforcement, and other legal personnel (DOD, 2012b).
An unrestricted report will provide
the survivor with the medical and counseling
benefits of a restricted report, and also could result in an investigation in which the
commander is given a report with all of the details of the incident (DOD, 2012b). Policy
changes created an expedited transfer option for individuals who go through the unrestricted
reporting process. In 2012, 216 of 218 requests for expedited transfer were granted (DOD,
2013b). Information from restricted and
unrestricted reports will be used in annual
reports to capture trends and statistical figures of sexual assaults (DOD, 2012b). If an investigation
happens, it will be placed in the hands of a high-ranking colonel-level authority (Parrish, 2012a).
The military has made improvements in the prosecution of sexual assaults, as evidenced by
a steady increase in the number of cases that go to court-martial (DOD, 2012a). To gain a better
familiarity with the military justice system, the DOD has an overview of the system on its Victim
and Witness Assistance Council (n.d.) website (http://vwac.defense.gov/military.aspx).
Reviewing this resource could be helpful in understanding the differentiations between the
military and civilian criminal justice systems.
Courts-Martial
(insert picture of a judges gavel)
When sexual assault is reported in the military, it could go through the courts-martial
process, the military’s judicial system. There are three types of courts-martial in the
military, per the Uniform Code of Military Justice: summary, special, and general. The
three courts-martial differ in structure and possible punishments. The Military Rules of
Evidence apply to all three, with the accused being proven guilty beyond a reasonable doubt.
While the general court-martial might be most appropriate, sexual assault crimes could
conceivably go to any of the three courtsmartial, based on the convening authority (a
high-ranking military officer).
Highest level: The general court-martial is sometimes compared to a felony court. The
general court-martial typically tries the most egregious offenses. It is comprised of five
members and a military judge, or solely a judge. A wide range of punishments are possible,
including death, confinement, loss of pay, fees, demotion, punitive discharge, and
other restrictions (Mason, 2012).
Second-highest level: The special courtmartial is sometimes compared to a
misdemeanor court. The special court-martial might be comprised solely of a military judge,
three members, or a combination of a judge and three members (Mason, 2012). Punishments
can include 12 months of confinement, hard labor for up to three months (without
confinement), pay forfeiture, a demotion in pay grade, and bad-conduct discharge
(Mason, 2012).
Lowest level: The summary court-martial tries minor offenses. The summary court-martial is
comprised of one commissioned officer. Punishments can include no more than a
30-day confinement, hard labor for no more than 45 days, forfeiture of pay, and demotion
to the lowest pay grade (Mason, 2012).
Section Four
Medical & Prosecution Procedures
Military nurses can receive sexual assault training, but they are not required to be certified Sexual
Assault Nurse Examiners (SANE) (Ortiz, 2008). This is important because SANE certification
has been shown to “promote the psychological recovery of rape survivors, provide comprehen
sive medical care, obtain forensic evidence and accurately and facilitate the prosecution of rape
cases” (Campbell, Patterson, & Lichty, 2005).
If victims choose to make an unrestricted report, there is a low investigation rate, and the prosecu
tion rate is even smaller. Sexual assault trials in military courts-martial have several divergences
from the civilian system.
(side box containing the following information)
Navigating the System
Advocates are encouraged to build
relationships with military legal personnel to
ensure that survivors’ rights and options are
protected within the military system.
At the outset of an unrestricted report,
crime victim rights are afforded to every sexual
assault victim. These rights, as described in a DOD brochure titled Initial Information for
Victims and Witnesses of Crime, include:
• The right to be treated with fairness and with respect for your dignity and privacy
• The right to be reasonably protected from the accused offender
• The right to be notified of court proceedings
• The right to be present at all public court proceedings related to the offense, unless the court determines that your testimony would be materially affected if you, as the victim, heard other testimony at trial
• The right to confer with the attorney for the government in the case
• The right to available restitution
• The right to information about the
conviction, sentencing, imprisonment, and release of the offender. (DOD, 2004a, panel 5)
(side box containing the following information)
Sexual Violence Against Nonmilitary Personnel
The majority of this guide provides information regarding sexual violence perpetrated
by military personnel on military personnel, with both parties on active duty or
performing federal duty, thus making the victim eligible for the full range of reporting
options and services. When either the victim or the accused falls outside of this realm,
there might be differences in reporting options, eligibility for medical services and the
Sexual Assault Prevention and Response program, and whether criminal jurisdiction lies
with the Department of Justice or civilian police. Other forms of sexual violence that
occur within the military involve reserve and guard members who are not performing
federal duty, DOD civilian employees, contractors for the military, civilians, dependents and
spouses of military members, and retired service members. Department of Defense
Directive 6495.01 regarding the Sexual Assault Prevention and Response
Program provides more information on this subject.
A Victim Witness Assistance Coordinator (VWAC) might be assigned to assist the victim
with navigating the military justice process,
exercising his or her rights, and keeping the
victim informed of case proceedings. While the VWAC is an “impartial actor” in the process,
there are no protections of the communications between VWAC and the victim; the SARC or
victim advocate will continue to provide the victim with a more confidential source of
support (U.S. Department of the Army, 2010,
p. 105). The process that a survivor goes
through once reporting sexual assault is described in victim and witness assistance
procedures (DOD, 2004b).
The victim also can experience cross-examination during trial proceedings. Military Rule of Evidence
412 is a rape shield law, but has three exceptions that can affect how a case is presented and judged.
The survivor’s sexual behavior can be used to show that injuries or physical evidence belonged
to someone other than the accused, incidents of prior sexual behavior between the victim and
accused might be used to show consent, and evidence might be admissible if it can be proven
that its exclusion would prevent a fair trial (DOD, 2007). This can be revictimizing for survivors
and deter other victims from coming forward.
Section Five
Preventing Sexual violence in the Military
The military is making strides in preventing sexual violence and creating more options for
survivors to get help. According to the 2012 WGRA respondents, 70% of women and 83%
of men would feel free to report sexual assault without fear of reprisal, which represents an
apparent increase in service members’ comfort in reporting sexual assault (DMDC, 2013). The
majority of respondents indicated that military leadership makes it clear that sexual assault has
no place in the military, and that a unit should be based on mutual trust and respect. Further,
the majority of respondents indicated that their leadership wants to lead by example
and strives to create an environment where individuals feel comfortable reporting sexual
assault. The majority of respondents were aware of sexual violence prevention and intervention
efforts in the military, such as the Sexual Assault Awareness Month programs, Safe Helpline, and
the Sexual Assault Prevention website. Close
to 100% of respondents (96% of women and
97% of men) said that they had sexual assault training in the past year (DMDC, 2013).
Respondents described these trainings as
covering the following: what constitutes sexual
assault, where/how to report sexual assault, and the role of alcohol in sexual assault (DMDC, 2013).
Each branch of the military has its own prevention model
(picture: side profiles of 4 military personnel)
While these strides are commendable, it is important to learn more about whether and to
what degree trainings have been effective at preventing sexual violence. While the majority of
respondents describe leadership as conveying a strong message that sexual assault is not a part
of the unit culture, and that individuals should feel comfortable making a report, the same
survey shows that underreporting of sexual assault persists in the military. With policy
updates that require expanded sexual violence trainings, there is great opportunity to get at the
culture changes needed to prevent sexual assault from occurring, to ensure that service members
feel safe reporting their experiences, and to
provide access to the full range of supportive
services. Additionally, the trainings described
by survey respondents seem to fall within a
risk-reduction framework as opposed to a
primary-prevention approach.
More specifically, it seems that participants received training on how potential victims
can stay safe, which is risk reduction, as opposed to a primary prevention approach that creates
cultures where sexual violence is not acceptable and individuals learn skills to promote safe,
respectful, healthy environments.
Each branch of the military has its own prevention model. The Army’s Sexual Harassment/Assault
Response and Prevention (SHARP) program is visible through the I.A.M. Strong Campaign,
which focuses on training and engaging soldiers in preventing sexual assault (U.S. Army, 2012).
In June 2012, the Marine Corps released a
multilayered plan to prevent sexual violence,
including “true zero tolerance, effective
stainability, empowered reporting, effective
deterrence, engaged leadership and evolved culture” (Hlad, 2012). A mandatory Bystander
Intervention Training is used by the Air Force, and it focuses on encouraging bystanders of
an incident to intervene to prevent sexual assault (Herrick, 2011). Using a similar model,
the Navy encourages the use of active bystander intervention while also providing information
on how to decrease the odds of becoming a
victim (U.S. Navy, n.d.).
To learn more about the Sexual Assault
Prevention and Response Office and the
programs and models used by the various branches, visit http://sapr.mil.
(picture: female military personnel in dress uniform hugging male child)
Applying the Spectrum
of Prevention
Through relationships and collaborations with the military, advocates can utilize the Sexual
Violence and The Spectrum of Prevention: Towards a Community Solution (The Spectrum)
to address and change the interconnected risk factors that make sexual violence possible in
the military.
Six levels of prevention are included in the
Spectrum, which together, create a strategy to
combat sexual violence in the community.
Harmful norms regarding women, power,
violence, masculinity, and privacy contribute to the persistence of sexual violence in the military
and outside communities, and The Spectrum is a tool that can address and change these norms
to create healthy environments (Davis et al., 2006). While risk reduction and efforts aimed at
addressing sexual violence after it occurs have their own place within the grand scheme of the
movement to end sexual violence, the focus on stopping sexual violence before it occurs is
crucial. A shift from risk reduction to primary prevention, using this model, will be an asset to
combating this devastating trend.
Level 1: Strengthening
Individual Knowledge & Skills
The first level of The Spectrum addresses
educating individual service members with the
goal of increasing their ability to prevent sexual violence (Davis et al., 2006). With a focus on
primary prevention, or preventing an incident from occurring in the first place, models such as
bystander prevention can be used to empower service members to take the safety of their
colleagues seriously. Service members can be encouraged to report those who violate the
trust and integrity of their branch, to be held accountable for their actions, and remove them
from the position to re-offend. Advocates can empower leadership to set a precedent for zero
tolerance of sexual harassment and assault in their units, as this has been reported to decrease
such incidents (Benedict, 2007). Advocates can provide survivors with information involving
their rights and the treatment options available to them through the Veteran’s Administration
and Tricare. Victims with confidentiality concerns or those who are no longer serving could seek
help outside of the military services available to them, so increasing the knowledge of the help
that is available in the civilian world is an
important task for advocates.
Level 2: Promoting
Community Education
This level focuses on increasing the
community’s knowledge of sexual violence
(Davis et al., 2006). The military’s awareness
of the prevalence and seriousness of sexual
violence is growing, as is their concern. The
military community is different from other
communities because its members are expected to live, work, and socialize under the same
values and in the same environment, day in
and day out. Empowering members to see
the safety of each other as important and
something to protect will help with primary
prevention efforts. Some branches already are capitalizing on this cultural aspect in their
prevention campaigns, using common slogans and values particular to their branch to explain
the responsibility they have to the service and to each other in preventing sexual assault. Advocates
can assist the military by encouraging models and training that bring awareness and focus toward
prevention and less emphasis on making the
victim responsible for their own protection.
Veterans who have been victimized by
sexual violence have a significant chance of
experiencing a wide range of mental health issues including PTSD, thus an understanding
of mental health also is an important area for community education. By decreasing stigma
related to mental health issues and increasing the supportive services available to service
members, they could be more encouraged to
seek help before an incident occurs. It is
important for advocates to be willing to
challenge inappropriate stereotypes and views
regarding sexual violence in the military
atmosphere, and encourage military members
to evaluate, critique, and change their cultural values that permit this form of violence.
Level 3: Educating Providers
The third level focuses on giving providers
access to information surrounding sexual violence
so that they can use in their respective fields (Davis et al., 2006). There are multiple ways in
which advocates can assist providers in the military world, including (but not limited to) chaplains
and medical personnel. Advocates can provide information to medical and mental health pro
fessionals concerning the relationship of sexual violence to health, which they can transfer to their
patients through discussing healthy sexuality and promoting healthy behaviors (National Sexual
Violence Resource Center [NSVRC], 2006). The International Association of Forensic Nurses (n.d.)
suggests developing assessment tools and establishing screening protocols to identify red flags
in patients who might be at risk of inappropriate sexual or abusive behaviors. Chaplains, regardless
of their specific faith beliefs, can use religious and spiritual texts in sermons and discussions
to guide service members in how to treat each other. Chaplains can do their part in reducing
sexual assault by being prepared and willing to address this issue with their congregation
(Georgia Network to End Sexual Assault, n.d.) and clearly conveying that sexual violence is unaccept
able (NSVRC, 2007). Additionally, NSVRC provided other recommendations in its white paper report,
generating and expanding sexual assault primary prevention training and using leadership
development programs to integrate training and educational curriculum on sexual assault, sexual
harassment, and substance abuse.
(picture: chest of military personnel in camouflage uniform with stethascope around neck)
Victims might turn to a military chaplain or
medical provider after an assault, and it is
important that the people who are in these
positions maintain awareness of the issues
surrounding sexual violence in the military.
Chaplains have been recognized as important
resources for survivors, and advocates are in a position to reach out to these deliverers of spiri
tual advice and healing to provide information that will help them in their work (Mulrine, 2012).
Medical and mental health professionals also have important roles in responding to the
physical and psychological trauma that results from sexual violence. Health care profession
als might be the first people a victim reports an assault to, and how they handle a disclosure is
important. Advocates can assist medical providers in learning how to screen patients for the
possibility of a sexual assault and how to respond to disclosures with empathy (NSVRC, 2012). In
screening procedures, these key figures can
maintain an awareness that PTSD and other
mental health issues could be due to reasons
other than combat trauma.
Advocates also can encourage nurses to obtain SANE credentials to increase skills in conducting
forensic examinations. Military nurses can push for official recognition of forensic nursing among
the nursing paradigm acknowledged by the DOD, with goals including increased collaboration among
professionals and credibility in the profession (Ortiz, 2008).
Level 4: Fostering Coalitions
and Networks
Level four is aimed at connecting coalitions and networks toward cohesive efforts to combat
sexual violence (Davis et al., 2006). There are
several organizations in existence that cater
to the needs of the military population who has been sexually assaulted. Advocates can use their
resources to reach out and connect with the
networks, strengthening resource sharing, and
can discover where there are gaps in service availability. Existing coalitions, networks, and
organizations that serve this population are
listed at the end of this document, see Page 21.
Level 5: Changing
Organizational Practices
A powerful impact can occur through
changing regulations and customs of institutions
(Davis et al., 2006). The GAO (2011) reviewed and made suggestions on sexual assault
investigations and adjudications in the
DOD and found that some of their audit
recommendations from fiscal year 2008-09 have not yet been implemented. Advocates
can assist with organizational change by
collaborating with the various military installations
and providing assistance with implementing
recommendations. Advocates can use their
skills and knowledge to create effective
strategies and practices, which will reduce the
incidences of sexual violence and harassment throughout the institution.
Advocates can assist the military with establishing a cohesive prevention plan to combat sexual
violence that is standard across the branches. Advocates could be encouraged to assist the
SAPRO in adopting The Spectrum for use within the military, and help them develop ways to
instill programs and interventions at every level while they address the norms that contribute to
sexual violence. While each branch prides itself on its unique role in the military, it could be
beneficial to have uniform protocols and prevention training and models to combat the issues of
sexual violence and harassment.
In response to the high numbers of reported sexual assaults in the military, former Secretary
of Defense Leon Panetta called for a certification program on sexual assault advocacy for
all SARCs and victim advocates, an increase in training funds for judge advocates and investi
gators, as well as a database for sexual assault report tracking and case management moni
toring (Parrish, 2012a). In March 2013, the DOD released updated policies and procedures to com
bat sexual violence and improve victim response. The goal of the new policy is to provide safety for
victims, standardize victim assistance programs, and enhance sexual assault prevention activities.
With this policy, a new hotline will be established and expedited transfers for victims will be provided
(Simeone, 2013).
Advocates can encourage the DOD to broaden the policies’ eligibility criteria to include all victims of
sexual assault, no matter what type of report they decide to file. Another advocacy avenue is encour
aging the DOD to require that nurses have easy access to SANE credentials to better prepare them
for collecting evidence and boost the probability
of prosecution in sexual assault cases (Ortiz,
2008). A registration of military nurses with the SANE credentials could be kept by the DOD
or the International Association of Forensic Nurses to provide oversight and a better
understanding of the potential training needs
of these medical personnel.
Level 6: Influencing
Policies & Legislation
In the sixth and final level, advocates can work to influence public policies at local, state, and federal
levels to prevent sexual violence in the military and assist current and former service members
who have experienced sexual violence while
serving. Advocates can reach out to and inform
their legislators of the causes of sexual violence in the military and how more effective policies can
prevent sexual violence, bring justice to victims, and hold perpetrators accountable. The strength
of interventions at this level are that policies and legislation have a wide range of influence, and
advocating for change is something anyone can do. Policies that create mechanisms for survivors
to seek damages sustained during service —
including those damages resulting from
sexual violence during service — are important.
Advocates have a role in influencing public
policies that create a full range of rights and options for survivors.
Section Six
Policy Updates
As of June 2012, under the direction of the
Secretary of Defense, a high-ranking authority [the
Sexual Assault Initial Disposition Authority (SA-IDA), a Special Court-Martial Convening Authority]
is now responsible for making the initial disposition in sexual assault cases. The SA-IDA determines
whether a court-martial will be convened in cases of sexual assault, with consultation from legal and
medical staff. This removes the disposition process from the unit and, as a result, could encourage
more reporting of sexual assault and a greater degree of neutrality and skill applied to these cases
(Parrish, 2012b). In the past, unit commanders were responsible for making initial dispositions.
However, conflicts arose in part due to the dual and sometimes conflicting roles of unit command
ers in protecting the good of the whole unit and responding to the needs of individual victims. This
reporting structure created many possible barriers to reporting, especially if the victim was afraid of
retaliation in her or his unit, if the sexual assault was committed by the unit commander, or if the
unit commander was protective of the identified offender (Parrish, 2012b).
In addition, the Secretary of Defense directed that a special victims capability be established in the
military to ensure that sexual assault cases are handled by trained investigators, prosecutors, and
victim-witness personnel; all new service members receive information on sexual assault policies
within 14 days of their entrance on active duty; the National Guard reserves have greater access
to treatment and support for sexual assault; records of sexual assault outcomes be kept and
centrally located; annual organizational climate assessments be conducted and include sexual
assault questions; and DOD resources — such as the such as the Safe Helpline and other services
for sexual assault survivors — be more widely distributed (Parrish, 2012a).
In addition, with the passage of HR 4310, the National Defense Authorization Act for Fiscal
Year 2013 (2012), sexual assault response and prevention efforts might be further
strengthened within the military. More specifically, this law increases the rank of the
Sexual Assault Prevention and Response office, specifies the required number of Sexual Assault
Response Coordinators and victim advocates in military units, includes mandatory sexual
assault trainings for military leaders, and strengthens military legal protections for
survivors of sexual assault (Service Women’s Action Network [SWAN] 2013).
Section Seven
Conclusion
While the military has made strides in putting policies, systems, and prevention
efforts in place, a culture of sexual violence persists. Community-based sexual
assault advocates have unique skills and expertise to inform the prevention
of and response to sexual violence within the U.S. Military. With a long history of systems
advocacy and change, sexual assault advocates are positioned to partner with military
personnel in affecting positive change and preventing sexual violence among women and men
in service. Additionally, as service members return to their communities after experiencing
sexual violence, and often with PTSD, sexual assault advocates can be critical lifelines in
providing services and support. For additional tips and information on working with this
population, see the Strengthening Military-Civilian Community Partnerships to Respond to
Sexual Assault curriculum, produced by Pennsylvania Coalition Against Rape, at http://tinyurl.
com/3fuq9fw; and Special Collection: Sexual Violence in the Military at http://tinyurl.com/
o7ensvy.
(picture: side profile of a civilian holding the hand of a military member)
Section Eight
Publication Information
About the contributor — Cara Goss
The NSVRC would like to thank Cara Goss for her contributions to this guide. Cara researched and
drafted content while completing an internship at the National Sexual Violence Resource Center.
Cara’s experience includes direct services with children in group home settings; her interest areas
include research and global justice issues.
National Sexual Violence Resource Center
Founded by the Pennsylvania Coalition Against Rape in 2000, the National Sexual Violence
Resource Center (NSVRC) identifies, develops and disseminates resources regarding all aspects
of sexual violence prevention and intervention. NSVRC activities include training and technical
assistance, referrals, consultation, systems advocacy, resource library, capacity-building, integrating
research findings with community-based projects, coordinating Sexual Assault Awareness
Month, cosponsoring national conferences and events, and creating Web-based and social
networking resources.
Section Nine
Resources
(picture: military member sitting on the front porch with his wife and baby)
Army OneSource Victim Advocacy
Program:
https://www.myarmyonesource.com/FamilyProgramsandServices/FamilyPrograms/FamilyAdvocacyProgram/
TipsfortheHome/default.aspx
Benefiting Veterans:
http://www.benefitingveterans.com
Disabled American Veterans:
http://www.dav.org
Fatigues Clothesline:
http://www.fatiguesclothesline.com
Grace After Fire:
http://www.graceafterfire.org
MaketheConnection.net:
http://maketheconnection.net
Military Families Learning Community:
http://learn.nctsn.org/course/category.php?id=10
Military OneSource:
http://www.militaryonesource.mil
Military Rape Crisis Center:
http://militaryrapecrisiscenter.org
My Duty to Speak:
http://mydutytospeak.com
Mothers Against Military Sexual Trauma:
http://www.facebook.com/pages/Mothers-Against-Military-Sexual-Trauma/131259253614245
MyDuty.mil:
http://www.myduty.mil
National Center on Domestic and Sexual
Violence:
http://www.ncdsv.org
National Center for PTSD at the U.S.
Department of Veteran Affairs:
http://www.ptsd.va.gov
National Sexual Violence Resource Center:
http://www.nsvrc.org
Rape Abuse and Incest National Network (RAINN):
http://www.rainn.org
Service Women’s Action Network (SWAN):
http://servicewomen.org
Sexual Assault Prevention and Response Office (SAPRO):
http://sapr.mil
Sexual Harassment/Assault Response and Prevention (SHARP) Program:
http://www.sexualassault.army.mil
StopMilitaryRape.org:
http://stopmilitaryrape.org
VetWow:
http://vetwow.com
Veteransforamerica.org:
http://www.veteransforamerica.org
Section Ten
References
Benedict, H. (2007, March 7). The private war of women soldiers. Salon.
Retrieved from http://news.salon.com/2007/03/07/women_in_military/singleton/
Black, M. C., Basile, K. C., Breiding, M. J., Smith, S. G., Walters, M. L.,
Merrick, M. T., … Stevens, M. R. (2011). The National Intimate Partner and
Sexual Violence Survey (NISVS): 2010 summary report. Retrieved from the U.S.
Department of Health and Human Services, Centers for Disease Control and
Prevention: http://www.cdc.gov/ViolencePrevention/pdf/NISVS_Report2010-a.pdf
Black, M. C., & Merrick, M. T. (2013). Prevalence of intimate partner violence, stalking,
and sexual violence among active duty women and wives of active duty men — Comparisons
with women in the U.S. general population, 2010. Retrieved from the U.S. Department
of Defense, Sexual Assault Prevention and Response: http://www.sapr.mil/public/docs/
research/2010_National_Intimate_Partner_and_Sexual_Violence_Survey-Technical_Report.pdf
Block, J. (2003, May 27). Rank defiled. The Village Voice. Retrieved from
http://www.villagevoice.com/2003-05-27/news/rank-defiled/1/
Campbell, R., Patterson, D., & Lichty, L. F. (2005). The effectiveness of sexual assault
nurse examiner (SANE) programs: A review of psychological, medical, legal, and
community outcomes. Trauma, Violence, & Abuse, 6, 313-329. doi:10.1177/1524838005280328
Cater, J. K., & Leach, J. (2011). Veterans, military sexual trauma and PTSD: Rehabilitation
planning implications. Journal of Applied Rehabilitation Counseling, 42(2), 33-40.
Couric, K. (2009, March 18). Sexual assault permeates U.S. armed forces [Video file]. CBS
News. Retrieved from http://www.cbsnews.com/stories/2009/03/17/eveningnews/main4872713.shtml
Davis, R., Parks, L. F., & Cohen, L. (2006). Sexual violence and the spectrum of
prevention: Towards a community solution. Retrieved from the National Sexual
Violence resource Center: http://www.nsvrc.org/sites/default/files/Publications_NSVRC_
Booklets_Sexual-Violence-and-the-Spectrum-of-Prevention_Towards-a-Community-Solution_0.pdf
Defense Manpower Data Center. (2013). 2012 Workplace and Gender Relations Survey of Active
Duty Members (Survey Note No. 2013-007). Retrieved from http://www.sapr.mil/public/
docs/research/2012_Workplace_and_Gender_Relations_Survey_of_Active_Duty_Members-Survey_
Note_and_Briefing.pdf
Georgia Network to End Sexual Assault. (n.d.). Churches responding to sexual assault
opportunities for faithful collaboration. Retrieved July 30, 2012 from http://
www.unified-solutions.org/Pubs/opportunities_for_faithful_collaboration.pdf
Herrick, C. (2011, April 11). ‘Bystander’ intervention key
to stopping assault. Retrieved
from the U.S. Air Force:
http://www.af.mil/news/story.asp?id=123251086
Hlad, J. (2012, June 25). Marines release new plan to
prevent sexual assault. Stars and
Stripes. Retrieved from http://www.stripes.com/news/marines-release-new-plan-to-prevent-
sexual-assault-1.181307
International Association of Forensic Nurses. (n.d.). Primary sexual violence prevention
project [Brochure]. Retrieved July 30, 2012 from http://www.iafn.org/associations/
8556/files/Primary%20Prevention%20Brochure.pdf
Kimerling, R., Street, A. E., Pavao, J., Smith, M. W., Cronkite, R. C., Holmes, T. H., &
Frayne, S. M. (2010). Military-related sexual trauma among Veterans Health
Administration patients returning from Afghanistan and Iraq. American Journal of
Public Health, 100, 1409-1412. doi:10.2105/AJPH.2009.171793
Martin, D. S. (2012, April 14). Rape victims say military labels
them ‘crazy’ [Video file].
CNN. Retrieved from http://www.cnn.com/2012/04/14/health/military-sexual-assaults-
personality-disorder/index.html?hpt=hp_t3
Mason, R. C. (2012). Military justice: Courts-martial, an overview (CRS code R41739).
Retrieved from the Federation of American Scientists: http://www.fas.org/sgp/crs/
natsec/R41739.pdf
Mulrine, A. (2012, January 10). On the front lines of sexual assault in the military: Army
chaplains. The Christian Science Monitor. Retrieved from http://www.csmonitor.com/
USA/Military/2012/0110/On-the-front-lines-of-sexual-assault-in-the-military-Army-chaplains
Natelson, R. (2009). A case for federal oversight of military sexual harassment. Clearinghouse
Review: Journal of Poverty Law and Policy, 43, 277-281. Retrieved from
http://
servicewomen.org/wp-content/uploads/2011/01/A-
(picture: chest of service member wearing camouflage uniform with small American flag in chest pocket)
(picture: Military member kneeled down to tie boots)
(picture: man in military camouflage sitting on steps while holding small American Flag in hands)
National Sexual Violence Resource Center l (877)739-3895 l resources@nsvrc.org l www.nsvrc.org
Comments
Post a Comment