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“SEXUAL ASSAULT IN THE MILITARY” mentioning the U.S. Dept. of Justice was published in the Senate section on pages S3504-S3505 on May 15, 2013.
The publication is reproduced in full below:
SEXUAL ASSAULT IN THE MILITARY
Mr. DURBIN. Madam President, about an hour ago I was on the telephone with Secretary of Defense Chuck Hagel. It was a somber conversation. We were talking about the most recent disclosure yesterday of sexual assault in the military. The Secretary said he was beside himself with the knowledge that this continues and that he was going to do something about it. I trust that he will.
Last night we learned of the latest and most reprehensible incident. The Army is investigating a sexual assault prevention and response coordinator at Fort Hood, TX, for being engaged in abusive sexual contact and other abusive crimes.
Secretary Hagel has directed rescreening and retraining of all sexual assault prevention coordinators and military recruiters. I know he is upset about this; I could hear it in his voice. I join him in that response. He understands this is a pervasive crisis that threatens the moral underpinnings of our military. At risk are core values of trust, discipline, and respect that every one of our servicemembers expects and deserves to protect each other and ultimately to protect America.
Next Wednesday the Army will appear before my Appropriations Subcommittee on Defense. We will be asking some hard questions: What has gone wrong? Why are so many men and women charged with stopping sexual assault being found guilty of it themselves? This is a serious issue.
According to the Pentagon survey, there were 26,000 sexual assaults in the U.S. military last year. That is a 35-percent increase since 2010. That is more than 70 service women and men sexually assaulted every single day in our military, and that is unacceptable. We also know that only a fraction of those incidents are reported. Fewer than 3,400 incidents a year, in fact, are reported to authorities. In nearly 800 of those instances, the victim seeks help but declines to file a formal complaint.
I commend every one of those men and women who had the courage to come forward and name their accused. It is an unimaginably tough thing to do, but it is the right thing for them and it is the right thing for our military. Nevertheless, we have very far to go before we can say with confidence that the system is working to prevent these incidents, protect the victims, and prosecute the perpetrators. For instance, last month a U.S. commanding general based in Italy overturned a military jury's conviction of an officer charged with aggravated sexual assault--overturned it. That sent a chill through the ranks and caused increasing fear among victims that when they had the courage to step forward, ultimately nothing would happen.
I appreciated that Secretary Hagel immediately called for a change in the Uniform Code of Military Justice. I know that Senator Carl Levin, Senator Jim Inhofe, and the Armed Services Committee are working to act swiftly on those recommended reforms. They have my full support.
I also wish to commend some of my colleagues who have really stepped up on this issue. Senator Kirsten Gillibrand of New York, a member of the Armed Services Committee, has shown real leadership, as have Senator Patty Murray, chairman of the Budget Committee, and Senator Kelly Ayotte. They came together to introduce a bill I support, S. 871, the Combating Military Sexual Assault Act. I also commend Senator Claire McCaskill, who has been outspoken in the Senate Armed Services Committee on this issue.
The bill I am talking about would provide victims with a special victims' counsel to assist them through the process, and it would strengthen the military prosecution system and ensure that the Guard and Reserve have response coordinators available at all times regardless of their duty status. We also have to ensure that each service has a robust investigative team with real expertise when it comes to sexual assault.
These are just some of the many reforms the Pentagon must work on with Congress to make a difference. I am committed to working with Secretary Hagel and the entire Pentagon leadership to ensure that every servicemember can serve free of incidents of violence and trauma like the one that was reported this week. I urge all of my colleagues to support these reforms for our servicemembers.
I yield the floor.
The PRESIDING OFFICER. The Senator from Rhode Island.
Mr. WHITEHOUSE. Madam President, I ask unanimous consent to speak as if in morning business for up to 15 minutes.
The PRESIDING OFFICER. Is there objection? Without objection, it is so ordered.
Mr. WHITEHOUSE. Madam President, I wish to thank the distinguished Senator from Illinois for his statement. We serve together on the Judiciary Committee. I hope that in that committee as well we can work on ways to improve the prosecution--particularly of rape offenses--
within the military by the Department of Justice.
We need to break through the agreement that now prevents the Department of Justice from prosecuting those crimes for the crimes they are simply because they take place in the military.
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