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RESOURCES FOR VICTIMS

LEGISLATION

Go here for text and information on HR 930, Congresswoman Pingree's bill to ease burdens preventing victims of military sexual assault from receiving disability benefits.

NEWS COVERAGE

July 19, 2012:
Pingree Bill Aims to Help Military Sexual Abuse Victims

July 15, 2012: Mainer Ruth Moore testifies for all with invisible wounds
July 16, 2012: Maine veteran Jennifer Norris recalls rape during service

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May 8, 2012: Chellie speaks at national conference of Service Women's Action Network

July 2011: Veterans Affairs Office Decides To Trust Women About PTSD

POLICY UPDATES

July 31, 2012: VA decision on denied MST claims doesn't go far enough

Congresswoman Chellie Pingree said today that the Veterans Benefits Administration's (VBA) recent decision to review denied PTSD claims for victims of military sexual trauma (MST) is a step in the right direction but doesn't go far enough.

"I'm pleased that the VA will take a significant step in reviewing certain claims it has denied for sexually assaulted veterans. I hope this helps many of the veterans I've spoken with who clearly deserve this assistance but have been denied time after time," Pingree said. "However, this decision doesn't take into consideration the other debilitating physical and mental conditions some veterans suffer after being sexually assaulted—anxiety and depression among them. If the Department wants to do the right thing, it should review denied claims for all MST victims, not just do the job halfway."

Pingree stated her concerns in a letter to Undersecretary for Benefits General Allison Hickey.  You can download the letter here.

July 18, 2012: Committee Testimony

July 18, 2012: Chellie to participate in Congressional hearing on veterans' benefits for victims of sexual assault; Maine woman will also testify

Congresswoman Chellie Pingree will be part of a Congressional hearing today dealing with benefits for survivors of sexual assault in the military. Titled "Invisible Wounds: Examining the Disability Compensation Benefits Process for Victims of Military Sexual Trauma," the hearing will include testimony from Maine veteran Ruth Moore, who was raped twice after she enlisted in the Navy at age 18. Pingree brought Moore to Washington to tell her story.

Pingree has introduced legislation to make it easier for veterans who have suffered assault during their service to get the benefits they deserve. The bill would relax burdensome requirements for proving the occurrence of rape or sexual assault that make it difficult to receive benefits and coverage for their medical care.

"It's outrageous that men and women who sign up to defend our country end up being victims of sexual assault in the first place. Then to deny them the help they need to recover is simply unacceptable," Pingree said.

After graduating from high school in Maine, Moore joined the Navy and was stationed in the Azores. While on duty there, Moore was raped by her supervisor. After reporting the attack, Moore was told by a Navy chaplain that there was nothing that could be done for her. She was then raped a second time as punishment for reporting the first attack.

Moore spent over two decades fighting for veterans' benefits.

"Unfortunately, Ruth's story isn't unique," Pingree said. "We've heard from countless veterans who have had to fight for years or even decades to get veterans' benefits. It's time to change the system so these men and women get the benefits they deserve the first time around."

Read Chellie's testimony here (pdf)
Read Ruth Moore's testimony here (pdf)

May 17, 2012: Pingree says defense bill should send strong message about military sexual assault

Congresswoman Chellie Pingree is introducing an amendment to the National Defense Authorization Act today that calls on the Department of Veterans Affairs and Department of Defense to reform policy around sexual assault in the military.

"Congress should pass this amendment and send a strong signal to the VA and to the Pentagon that we recognize what a serious problem sexual assault in the military is," Pingree said. "But mostly it sends a message to the victims that we recognize what they have gone through and we won't stand for it."

Pingree has been pushing the Department of Veterans Affairs torelax the standards of proof for victims of sexual assault who are seeking benefits, and has introduced a bill with bipartisan support to force the VA to make those changes.

Pingree says VA officials claim to have already eased standards of proof for victims, but she's heard from many veterans who are having a very different experience.

"Even when victims of sexual assault have ample evidence that they are suffering from PTSD because of the attack, the VA is often demanding unreasonable levels of proof before granting benefits. They are asking for court martial convictions or documentation that just doesn't exist," Pingree said. "We know that many victims don't report the attacks for fear of retribution and even when they do the perpetrators often don't get prosecuted. But that doesn't mean those victims don't still deserve benefits."

Pingree, a Member of the House Armed Services Committee, introduced the amendment to the defense authorization bill today. The amendment creates a Congressional resolution telling the VA to allow alternative forms of evidence for sexualassault victims. Although not a binding measure, the amendment will put continued pressure on the VA to make it easier for victims to get benefits.

"I met with Secretary Panetta recently and I know he understands the problem and I've met with VA officials and I know they do, too," Pingree said. "But we can't just call that good enough and we really have to keep up the pressure."

Pingree is also a cosponsor of an amendment to today's defense bill that provides oversight of the way in which the Pentagon deals with the problem of military sexual assault.

A vote on the amendment and the National Defense Authorization Act is expected later today.

May 8, 2012: Congresswoman Chellie Pingree speaks at opening of conference on sexual assault in military

This morning in Washington, Congresswoman Chellie Pingree talked to hundreds of veteransfrom around the country who had been victim of sexual assault in the military. Pingree congratulated the veterans, who had gathered at a conference put on by the Service Women's Action Network, for speaking out.

"I know this is a deeply emotional issue for you, and you should be congratulated for having the courage to come here today and tell your stories. By going to Capitol Hill and talking to Members of Congress directly about your story, you will help bring about real change," Pingree said.

The meeting, called "Truth and Justice: The 2012 Summit on Military Sexual Violence," included victims of sexual assault from Maine who had traveled to Washington to participate and tell their story.

Jennifer Norris from Rumford is a 15-year veteran of the Air National Guard who said she was raped and sexually assaulted soon after joining the military.

"I felt like the rug had been pulled out from under me, I had lost my purpose in life. And when I started to see other people who were victims I realized it was my duty to speak out and bring attention to this problem," Norris said. "It gives me a sense of purpose. I'm a soldier again, but now for a new cause."

Pingree has sponsored legislation that would make it easier for veterans diagnosed withPTSD from sexual assault to get benefits. Currently veterans are often denied benefits because records of an assault are incomplete or unclear, and Pingree's legislation would address those cases by lowering the standard of proof that the victims are required to provide.

After meetings and panel discussions this morning, veterans at today's conference were headed to the U.S. Capitol to ask their local members of Congress to support Pingree's bill and raise awareness around the issue.

Pingree recently met with Defense Secretary Leon Panetta, who agreed to make several changes to Pentagon policy regarding sexual assault in the military, including the establishment of a special victims unit and mandatory training for all personnel within two weeks of joining the military.

Pingree also praised Senator Susan Collins for her work on the issue.

"This is an issue that cuts across party lines. It's not conservative or liberal or Democratic or Republican, it's about basic decency and fairness for the men and women who serve our country in uniform," Pingree said.

Collins, along with Senator John Kerry, helped pass an amendment to a defense policybill that expands legal rights and protections for service members who havebeen victims of sexual assault.

April 17, 2011: Congresswoman Chellie Pingree says Pentagon changing policy on sexual assault

Congresswoman Chellie Pingree said this morning that the Pentagon has agreed to make someimportant changes to official policy on sexual assault in the military. Pingree met with Defense Secretary Leon Panetta last night to discuss the proposed changes.

"These changes aren't going to make sexual assault in the military go away, but they're a good start and will give victims more of the protection they deserve," Pingree said. "It's also important that Secretary Panetta is speaking out on this issue. He couldn't have been clearer when he talked to us last night. He said the rate of sexual assault in themilitary is totally unacceptable and I couldn't agree with him more."

During a meeting with Pingree and other members of the Military Sexual Assault (MST) Caucus last night in Washington, Secretary Panetta announced a number of changes to Pentagon policy:

All MST cases will be dealt with at a special court martial proceeding, which would take charges of sexual assault out of the unit where the alleged abuse occurred.

A Special Victims Unit will be created that is solely dedicated to investigating sexual assault. Sexual assault cases are unique in nature, so it's critical to have specially trained investigators who can investigate these sensitive allegations.

All personnel will be required to undergo training within fourteen days of joining the military and all units would be required to conduct an annual review tolook at potential problems related to sexual assault.

Pingree said that these changes would also apply to the National Guard and Reserve who are serving in active duty capacity.

February 27, 2011: Director of National Intelligence agrees to reform security clearance questionnaire

Congresswoman Chellie Pingree said today she was glad that James Clapper, Director of National Intelligence, has agreed to rewrite part of a security clearance questionnaire relating to mental health counseling. Question 21 on the form asks applicants if they have ever received counseling. Currently, military personnel who have received treatment for combat-related PTSD can answer “no.” Pingree asked Clapper to create the same exemption for victims of sexual assault in the military.

“Requiring victims of sexual assault to declare that they’ve been receiving counseling on this questionnaire discourages them from getting the treatment they need. I’m glad that DNI Clapper has listened to our concerns and has agreed to rewrite Question 21, but I’m going to withhold final judgment until I’ve seen the new wording,” Pingree said.

Pingree talked to Clapper about the issue last month and in a letter to Pingree, hesaid after further internal discussions, he has decided to completely rework the question instead of simply creating another exemption.

Currently Question 21 on Standard Form 86, Questionnaire for National Security Positions, reads: “In the last 7 years, have you consulted with a mental health professional (psychiatrist, psychologist, counselor, etc.) or have you consulted with another health care provider about a mental health related condition?”

“Asking victims of sexual assault to reveal counseling on this form causes a number of problems,” Pingree said. “First of all, it can open up further questioning and even an investigation about the assault, which can reopen some painful wounds. But there is an even more significant problem: a lot of the time getting a security clearance is necessary for career advancement in the military. If a victim thinks getting counseling for sexual assault is going to jeopardize that clearance, they’re less likely to go out and get the counseling they need.”

December 14, 2011: Congresswoman Chellie Pingree applauds Executive Order on military sexual assault

Today Congresswoman Chellie Pingree applauded an Obama Administration Executive Order that will allow victims of military sexual assault to keep their conversations with advocates confidential.

"Far too many of our men and women in uniform don't seek help when they've been sexually assaulted. A lot of that is due to a fear of retribution from their attackers—often superiors—if they say anything," said Pingree. "They go it alone for fear of jeopardizing their careers, which is a tragedy. We need to better protect these veterans so they feel comfortable getting help. Letting them know their conversations are confidential is a big step. As we address the critical problem of military sexual assault, we have to continue breaking down barriers that keep victims from getting the assistance they need and deserve."

Pingree is a cosponsor of legislation, the Strong Act, which would also make this change in policy.

As a member of the House Armed Services Personnel Subcommittee, Pingree has been a strong advocate for victims for military sexual assault. She has introduced legislation that would make it is easier for victims to claim benefits for post-traumatic stress disorder arising from their assault, and is also working directly with the Veterans Administration to make this change. Pingree has also been working with administration officials to change the wording of security clearance applications so that victims of military sexual trauma do not have to disclose counseling they received for their assault—one reason service members may not seek counseling is because they fear it will hinder their application.

In 2010, the Pentagon says there were 3,000 reported cases of military sexual trauma, but estimates that only 10 percent of cases were reported.

October 18, 2011: Pingree asks intelligence officials to make changes to security clearance procedure

Congresswoman Chellie Pingree has asked the Director of National Intelligence to change the questionnaire used when granting security clearances. In a letter to General James Clapper, Pingree said victims of military sexual trauma who have received counseling should not have to disclose that in the questionnaire.

"Many victims of sexual assault in the military don't seek counseling because they are afraid it will make them ineligible for the security clearances they need to advance in their career," Pingree said. "Victims of military sexual trauma shouldn't be punished for being a victim of a horrible crime."

In 2008, the questionnaire was changed so that military personnel suffering from combat-related PTSD no longer have to disclose counseling related to treatment, and Pingree says it's only fair to extend that protection to victims of sexual assault.

"That policy change was an attempt to reduce the stigma attached to mental health counseling and the perception that it could threaten a career. While I am pleased that the question was changed regarding combat veterans, a large population of military members and veterans were excluded — victims of military sexual assault," Pingree wrote to Clapper.

Pingree has been fighting for the rights of men and women who are victims of sexual assault while in uniform, and has urged the Obama Administration to lower standards of proof for victims when applying for benefits.

July 22, 2011: U.S. Senate to take up Pingree's proposal to help veterans who suffered sexual assault

This week Senator Jon Tester (D-MT) introduced a bill identical to one Congresswoman Chellie Pingree introduced in the House this spring, aimed at making it easier for veterans who have suffered sexual assault during their military service to get the benefits they deserve. The bill would relax burdensome requirements for proving that a sexual assault occurred and resulted in a veteran suffering from Post Traumatic Stress Disorder (PTSD.)

"Getting the bill introduced in the Senate increases the chances that it will come up for a vote and pass but it also puts more pressure on the Administration to make this changes without waiting for the legislation to pass," Pingree said.

Pingree praised Tester for introducing the Fairness for Survivors of Military Trauma Act in the Senate.

"Senator Tester is good friend to veterans and he understands that victims of military sexual assault haven't been getting a fair shake and it's time to change the way we treat them," Pingree said.

Earlier this month the Veterans Administration announced they had agreed to ease some of the standards used when veterans who have been assaulted apply for benefits. While the change in practice accomplished some of what is in the proposed legislation, official VA policy still requires "secondary evidence" for victims to prove they were sexually assaulted. Pingree and Tester's bills do away with that requirement and would mean veterans suffering PTSD from sexual assault would only have to meet the same standards of proof as those seeking benefits for combat-related PTSD.

July 12, 2011: Pingree says changes to sexual assault rules not enough

Congresswoman Chellie Pingree was sharply critical today of proposed changes in Pentagon rules relating to rape and sexual assault. During a briefing to the House Armed Services Committee, Pentagon officials said they are expanding the definition of "force" in considering evidence in rape and sexual assault cases.

Pingree, a member of the Committee, said the proposed changes don't go nearly far enough.

"The problem is that the focus is still on the victim—whether or not they struggled or how hard they struggled," Pingree said. "The primary standard shouldn't be how much of a fight the victim put up, it should be whether they consented. That's state law in most of the country and just makes sense."

Although Pentagon officials say they will consider whether the victim consented to sex as a "secondary" factor, Pingree said making victims prove the perpetrator used force is still an unreasonable standard. During the briefing Pingree pressed Pentagon officials to use consent as the main factor in sexual assault cases.

"I've talked with too many victims of sexual assault in the military who couldn't prove that a senior officer actually used force against them. But that doesn't mean they weren't raped. Under the current system, military prosecutors look at things like whether or not a weapon was used or if the victim suffered physical injury. Really all they need to ask is 'did the victim give consent?'" Pingree said.

July 11, 2011: Pingree welcomes change in VA practices for victims of sexual assault

Congresswoman Chellie Pingree said today that the Department of Veterans Affairs (VA) has agreed to change the way they handle claims from veterans who have been the victims of sexual assault.

"I've heard the same story from far too many veterans," Pingree said. "They were sexually assaulted while serving but when they tried to get disability benefits it was too hard to prove the attack had occurred. Sometimes victims don't report the incident because they don't feel safe and sometimes they do report and the whole thing just gets swept under the rug. But that shouldn't be a reason for their benefits to be denied."

Pingree met with Under Secretary of Veterans Affairs General Allison Hickey last month and asked that the VA make it easier for veterans to get disability benefits related to a sexual assault without having to produce documentation proving the attack occurred. Hickey agreed and immediately ordered all VA offices around the country to ease the standards of proof for veterans applying for service-connected disability from a sexual assault.

In her memo to VA employees, Hickey wrote "employees should not expect to see evidence in most military sexual assault cases."

General Hickey also told VA employees to accept veterans' statements on how they were affected by a sexual assault.

Hickey wrote that statements of behaviorial change "should be accepted as credible evidence to satisfy the requirements of the exam...Remember, there is a low exam threshold for MST claims, and we should err on the side of the Veteran."

"General Hickey has served decades in the Air Force," Pingree said. "She understands the problem and acted quickly to improve VA practices for these victims."

Pingree says veterans who are victims of sexual assault and have been denied disability benefits should consider reapplying. She says veterans wanting assistance with the process should contact her office in Portland at (207) 774-5019.

Pingree has met with victims of military sexual assault in Maine and in Washington and has introduced legislation to make it easier for them to get disability benefits related to their attacks.

April 6, 2011: Congresswoman Chellie Pingree asks VA Secretary to ease rules for victims of sexual assault

Nearly two dozen members of the U.S. House have written to VA Secretary Eric Shinseki asking him to ease the rules for victims of sexual assault in the military who now suffer from post-traumatic stress disorder. The changes, similar to those that would be required in a bill Pingree has introduced, would relax burdensome requirements for proving the occurrence of rape or sexual assault that make it difficult to receive disability benefits and coverage for their medical care.

"It's very difficult to prove sexual assault within the current system, which makes it just as difficult for veterans who have been victims to qualify for the treatments and benefits they need to recover," Pingree said. "It's a classic case of adding insult to injury."

Pingree has been an outspoken advocate for victims of military sexual trauma.

"These are women and men who have signed up to serve and who are willing to risk their lives to defend our country. It is bad enough when they become victims of sexual assault, but denying them benefits they deserve is outrageous and simply unacceptable."

Background:

In July, 2010, the VA changed its rules for most veterans who file claims for PTSD. Under these new rules, veterans need only to show a diagnosis of PTSD, a medical link to the diagnosis and a medical opinion that the claimed stressor is consistent with the circumstances of the veteran's service. This change removes the burden many veterans faced by having to locate documentation verifying the traumatic event. Pingree welcomed this change; however it did not apply to veterans who filed mental health claims based on sexual assault or harassment. Pingree's bill would require that military sexual trauma (MST) victims only need to show a diagnosis of PTSD accompanied by a medical opinion that the claimed assault could support a diagnosis, therefore giving MST victims the same level of requirements their fellow veterans have.

Recently Pingree recently met with five women who had all been victims of rape while serving in the military. Even though they had all reported the attacks, they all told Pingree their attackers had never been punished.

March 30, 2011: Congresswoman Chellie Pingree asking Pentagon to preserve sexual assault records

Congresswoman Chellie Pingree is backing a bill that would require the Department of Defense to preserve records of sexual assault against military personnel. The Support for Survivors Act, which will be introduced today, would replace current Pentagon policy of destroying sexual assault records only a year after the assault is reported.

"We already make it too difficult for veterans who suffer sexual assault to get the benefits they deserve," Pingree said. "Destroying the records of the crime after a year makes the problem worse and just doesn't make any sense."

Earlier this year Pingree, a member of the House Armed Services Committee, introduced a bill that would ease the burden of proof for veterans who were sexually assaulted and are seeking benefits and treatment from the VA.

"I've met with too many veterans who were raped or sexually assaulted but because of the way the system is set up, it has been impossible for them to prove it. These are women and men who have served our country and when they become victims of sexual assault we are letting them down. It's time to fix this system," Pingree said.

March 3, 2011: Pingree to introduce bill to help veterans who suffered sexual assault during their service

Congresswoman Chellie Pingree is introducing legislation today to make it easier for veterans who have suffered sexual assault during their military service to get the benefits they deserve. The bill would relax burdensome requirements for proving the occurrence of rape or sexual assault that make it difficult to receive benefits and coverage for their medical care.

"It's outrageous that men and women who sign up to defend our country end up being victims of sexual assault in the first place. Then to deny them the help they need to recover is simply unacceptable," Pingree said.

Pingree plans on talking to VA Secretary Eric Shinseki to ask him to make the change in policy without waiting for legislation to pass.

"It's very difficult to prove sexual assault within the current system, which makes it just as difficult for veterans who have been victims to qualify for the treatments and benefits they need to recover," Pingree said. "It's a classic case of adding insult to injury."

In July, 2010, the VA changed its rules for most veterans who file claims for PTSD. Under these new rules, veterans need only to show a diagnosis of PTSD, a medical link to the diagnosis and a medical opinion that the claimed stressor is consistent with the circumstances of the veteran's service. This change removes the burden many veterans faced by having to locate documentation verifying the traumatic event. Pingree welcomed this change; however it did not apply to veterans who filed mental health claims based on sexual assault or harassment. Pingree's bill would require that military sexual trauma (MST) victims only need to show a diagnosis of PTSD accompanied by a medical opinion that the claimed assault could support a diagnosis, therefore giving MST victims the same level of requirements their fellow veterans have.

Sexual assault is a serious problem in the military:

· Recently Pingree recently met with five women who had all been victims of rape while serving in the military. Even though they had all reported the attacks, they all told Pingree their attackers had never been punished.

· Last year the Pentagon said there were over 3,000 cases of reported sexual assault in the military, but said that only 10% of all sexual attacks are ever reported

"We have to face up to the fact that the system of military justice has failed over and over again to protect the victims of rape and sexual assault and failed to punish the perpetrators," Pingree said. "It's a system that needs to be fixed, but in the meantime we need to change the rules so veterans who have been victims can get the care and benefits they deserve."