The Broken System

Rape within our civilian culture continues to happen on a daily basis. Shocking enough young girls and boys have been raped, and the system not only seems to fail them, it victimizes them again through the trial and, yes, even through the media. It is a small wonder that they do not trust the police, the judicial system, and even the general public.


The fear of reporting rape

I have viewed comments from many adults on various website who actually accuse a woman, or young girl of either lying, or being too stupid and actually getting what she deserves. "These bitches, they're always trying to get a man into trouble." Or "If they get naked, and drunk, what the hell do they expect."  We're becoming a society which sides with perpetrators, or we bury our heads in the proverbial sand, believing that "if it's not on my porch stoop, then, I don't own it."

Some friends have shared with me that they were assaulted by someone who was suppose to be their friend or someone they knew. They remarked "I never reported it because I had been drinking, and the police would blame me for the attack." Or "They've got too many friends who like them, and would side with them."  This is the fear that victims live with. Ridicule from peers, the system, and even family members keep many from coming forward. Also they blame themselves to a certain degree for the attack. So they go on, trying to out run the nightmares, and the shame, many still living, working, or seeing their attacker on a daily basis. Now imagine living a concentrated community, such as a platoon, squadron, or military unit, where you are required to work with, or even for, a rapist?

Serving In Shame

http://invisiblewarmovie.com/

If you've never seen the documentary "The Invisible War", I would strongly suggest that you get a copy. At this date you can find it on YouTube. This is to date, the best eye opening documentary showcasing the rape crisis that men and women face in the military. It begins with picture perfect PR face that the military has shown for decades beginning with World War II to the present day.The story evolves into the face of reality, as you hear the story of women, and men who are sexual survivors. They tell their stories vividly, and with raw emotions. You won't really understand the seriousness of this stain on America, until you see this movie. I watched "The Invisible War" with unbelief and sadness, I wanted to turn it off, but I just couldn't. I was thinking, "how could our most organized and disciplined system, for military defense in the free world be guilty of this atrocity?"

As an veteran, I've never been so naïve in believing that sexual assaults don't happen. But as I listened to each story, and heard the accounts unfold of not only the rape itself, but the cover-ups of superiors, and the re-victimization within the ranks, plus the statistical numbers reflecting that this problem is growing in the US, I wondered how did we let such a problem grow to become an epidemic? What is wrong with our chain of command? And if there's a "zero tolerance policy", in the military, why are so many former servicemen and women sharing the same stories?

The Chain of Command

As a US Air Force Vet, I remember that it was constantly being drilled into our heads, "Always use your chain of command. If you don't get results, then keep going up the chain until you get results!"
And yet it seems that the chain of command in the Armed Services has become the problem, and not the solution. Perhaps it would be more honest for them to give a disclaimer: "The only exemption is in the case of rape." Countless testimonies have shared the one true reality: The chain of command doesn't work for sexual assault victims in the military.

In 1991 the "Tailhook Scandal" made national news. Female Navy personnel were subject to walk the gauntlet on the third floor of the Las Vegas Hilton Hotel. Women stating getting off of the elevator, were subject to walking this gauntlet, being pushed to the floor, clothes being ripped off, and in some cases being raped. After an investigation into the incident, it was found that a number of Flag Officers were aware of the assaults and did nothing to stop them." It also was reported that one of the officers attending the event, was quoted as saying "Everyone needs to seriously lighten up. What do you expect? This is Vegas baby!"  The incident was followed by the Aberdeen Proving ground Scandal in 1996, where NCO's were attacking new recruits, and passing their names onto others, followed in 2003 at the Air Force Academy, and just recently the Marine Barracks in Washington, DC.

And yet the top brass continues to echo the mantra, "We have a zero policy tolerance of sexual assault in the military" This "eye-rolling" remark cannot be dressed up with fancy ribbons and clever recruitment posters. There are men and women who believed in that system. A system, that turned it's back on them, protected the perpetrator, and discarded the victim.

Justice Was Not Done

One of the most heinous examples of military injustice, was in the Aviano case, where the former IG at that time, Lt. Col. James Wilkerson was found guilty of sexually assaulting a house guest.

"According to the charges against him, Wilkerson slipped into the bed of a sleeping house guest, fondled her breasts and digitally penetrated her."  Nancy Montgomery- Stars and Stripes Published November 2. 2012

Wilkerson was convicted by an all male jury consisting of four colonels, and one Lt. Colonel, after three-and-a-half hours of deliberation. His conviction was overturned by Lt. Gen. Craig Franklin, commander of the 3rd Air Force at Ramstein Air Base in Germany. Wilkerson, was promptly transferred, but not before sparking a national outrage questioning the ability of one man's ability to overturn a conviction of that magnitude.

                                  



Military leaders testified on pending legislation on sexual assault in the military June 4, 2013

Senior military legal officials testified before the Senate Armed Services Subcommittee on Personnel about sexual assault in the military. Senator Kirsten Gillibrand (D-New York) Chairman of the committee confronts Lt. General Richard Harding, USAF Judge Advocate General, on the Aviano case.

Sen. Kirsten Gillibrand: Let's talk about the Aviano case--- Do you think justice
                                          was done in that case?

Lt. Gen Harding:            I think the convening authority reviewed the facts, and
                                          made independent determination. Um--- and that was his
                                          obligation as given by him to this body. Granted it was
                                          sixty-five years ago--- but he fulfilled statutory obligation,
                                          and he did so with integrity.

Sen. Kirsten Gillibrand: And do you think the five senior officers, that were the jury
                                          in that trial, did not do justice?

Lt. Gen Harding:             I can't say that they did not ma'am. I think both the jury,
                                          and the convening authority did their duty.

Sen. Kirsten Gillibrand: Well as they both reached the opposite decision,                                            in one instance, justice was not done. Which instance
                                           do you believe justice was not done?

Lt. Gen Harding:              I can't say--- I'm not going to conclude that justice was,
                                           or was not done. What I will conclude is that all parties
                                           did their job from my review--- all parties did
                                           what they were asked to do by the law.

Sen. Kirsten Gillibrand:  Well one of the parties was wrong. And if you are the
                                          victim in that case--- to have gone through
                                           eight months of testimony--- of providing evidence-                                           I can assure you, she does not believe justice was
                                          done.

Justice Is Coming

As I am preparing this report, a senate bill has already reached the floor, presented by Senator Gillibrand and a coalition of senators, and military victims rights advocates. As some of you already know Senator Gillibrand is an impassioned crusader for justice for the common man and woman. She is determined to do what should have already been done by our military leaders.

Military Justice Improvement Act

Military Justice Improvement Act   "Our bipartisan bill takes this issue head on by removing decision-making from the chain of command, and giving that discretion to experienced trial counsel with prosecutorial experience where it belongs. That’s how we will achieve accountability, justice and fairness.” -Senator Kirsten Gillibrand (D-New York)

I fully support her and her bipartisan group of senators on this issue. The top brass continues to drag it's feet, and stall, claiming: "to remove the final authority of sexual assault from the commanders, and give it over to civilian lawyers, undercuts order and discipline." Excuse me while I give an eye roll to that rhetoric. Right now men and women who enlisted to protect us, are in the fight of their lives, because the enemy is within the ranks.

I will have more on Senator Gillibrand, and the MJI Act on Friday. Keep tweeting me your comments, ideas and thoughts. And thanks for your kind encouraging words.
Happy Thanksgiving! I'm thankful for you all.