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Military Sexual Trauma


 

 

Rep. Tsongas questions military leaders about their response to MST


OVERIVIEW - MST: A deep-rooted cultural problem

Annual reports on sexual assault in the military released by the Department of Defense not only highlight the increasing incidence of sexual assault in the military, they indicate a staggering amount of instances of perceived retaliation against victims of sexual assault. The 2017 report recounted 6,769 reports of sexual assault involving Service members as either victims or subjects.

A 2017 report indicated an increase in reported sexual assaults, which may reflect the positive impact of recent policy changes to support victims, but nevertheless shows that there is still much work to be done on this issue. It has become painfully evident that saying the military has a cultural problem in regard to sexual assault and sexual misconduct is a glaring understatement. At worst, this is a deep-rooted and widespread acceptance of unprofessional, inappropriate and criminal behavior. At best, it is willful denial or head-turning on the part of too many military leaders.

Recent studies have revealed that as many as 1 in 4 women leaving military service report that they have experienced some form of Military Sexual Trauma (MST).

Currently over 16% of servicemembers are women, and that number is expected to rise in the coming years. The decision to lift the ban on women serving in combat opens avenues for advancement for so many brave female soldiers to rise through the ranks of our Armed Forces. This is a step toward enacting real change on several levels for women’s equality and allows our military to tap into a resource of highly skilled soldiers. What we do not want to happen is for the threat of military sexual trauma to deter talented soldiers from serving and inhibit the military’s ability to perform their mission.

This is not just a women’s issue. Department of Defense surveys show that the number of men who are sexually assaulted is nearly as high as the number of women -- although the percentages of women who are affected is alarmingly high. The disturbing prevalence of sexual assault in the military undermines the trust and shatters the confidence needed for a military unit to succeed. This is a systemic problem that demands accountability at every level – officer and enlisted alike.

If you need assistance, this page contains several resources or you can contact my office at 202.225.3411.


HOW I GOT INVOLVED

I have been fighting on behalf of victims of military sexual trauma since I was first elected to Congress in 2007. Shortly after entering Congress, I attended a Wounded Warrior luncheon where I met with U.S. soldiers. In speaking with several female soldiers, I asked them if the issue of sexual assault was as widespread and deep-rooted as I had heard in one of the first Military Personnel subcommittee hearings that I attended. One woman, a nurse who had been deployed several times to Afghanistan and Iraq, replied by saying: “Ma’am, I am more afraid of my own soldiers than I am of the enemy.” She told me about a knife she carried tucked inside her waistband as protection against would-be assailants. She had never been assaulted but lived with the persistent feeling of threat from her fellow servicemembers.

READ: BOSTON GLOBE - For Tsongas and GOP colleague, a long fight on military sexual assault

The issue was made very personal and very real for me that day. As I began to look further into the matter, I found that sexual assault in the military is a serious issue that threatens our national security and requires definitive action on our part as policymakers.

We continually ask our servicemen and women to put their lives on the line for our country, and they should not have to fear being sexually assaulted while performing their duties. Yet the increasing prevalence of sexual assaults reported by the Department of Defense (DOD) only reflects a small percentage of the actual number of sexual assaults. These sad statistics are unfortunately reinforced by many conversations I have had with servicemembers who say that sexual assault in the military is a crime that often goes unseen, and that the voices of its victims go unheard.

I have partnered across the aisle with Congressman Mike Turner (R-OH) to author a number of pieces of legislation that have become law and put many new tools in the toolbox for the military to combat its scourge of sexual assault, give support to survivors, and help them seek justice.

Congressman Turner and I also established the Military Sexual Assault Prevention Caucus and serve as its co-chairs.

In addition to authoring and championing legislation, I and my colleagues on the House Armed Services Committee continue to provide an oversight role to ensure the investigation, prosecution, and implementation of new policies and trainings are fully adhered to by all branches of the armed forces.

We place our trust in a strong and safe military whose efforts every day serve to protect our citizens at home and abroad. I am fully committed to ensuring that our national security goals succeed, and I believe that holding our servicemembers accountable must be part of our work in Congress.

Congressman Turner and I wrote about the lessons that Congress can learn from the military fight against sexual assault here.

Additional materials from the sexual assault support services at the Department of Defense can be found here.


LEGISLATION & MST INITIATIVES

2018 - PERSIST Against MST Act

Congressman Mike Turner and I introduced the Purposefully Expanding and Reinforcing the Statutes we Insist Support our Troops Against Military Sexual Trauma Act (PERSIST Against MST Act) in April 2018. This bill requires that a single official or entity within the Office of the Secretary of Defense to take on the principal responsibility for providing oversight of the registered sex offender management program It also makes sure that victims of sexual assault in the military, even if their case is handled by the Family Advocacy Program, have the choice to request an expedited transfer to a different location. It also mandates the government hand over any information requested by an independent panel, the Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces, that the panel deems necessary to carry out its duties. This independent panel is hard at work making recommendations for how the military can improve the way it handles sexual assault.

The PERSIST Against MST Act became law as part of the FY19 National Defense Authorization Act (NDAA).

2017 - The BE HEARD Act

Congressman Turner and I introduced the Building an Environment for Helpful, Effective, and Accessible Representation and Decision-making  Act (BE HEARD Act) in May 2017. The BE HEARD Act would make it easier for survivors to have their voices heard by expanding specialized training for military Special Victims’ Counsel (SVCs), provide military sexual assault survivors with better access to federal appellate courts to protect their procedural rights, and ensuring that the most vulnerable sexual assault survivors have someone to represent their legal interests throughout the military justice process.

The BE HEARD Act became law as part of the FY18 NDAA.

2016 - The PROTECT Act

Congressman Turner and I introduced the Prevent Retaliation and Open Transparency to Expand Care for Troops Act (PROTECT Act) in April 2016.  This bill calls for increased transparency in the military justice system, greater protection for survivors and witnesses from retaliation, better survivor access to court information and an increased focus on treatment for male survivors of sexual assault.

The PROTECT Act became law as part of the FY17 NDAA.


2015 - The SUPPORT Act

 In April 2015, Congressman Mike Turner and I introduced the the Support Uniformed Patriots; Prevent Offenses and Restore Trust Act (SUPPORT Act).  The goal of this bill was right in its name – to improve support for survivors of military sexual assault. Specifically, to prevent assaults, encourage reporting, provide quality services, and reform the military justice system that too often fails survivors of these crimes.  The SUPPORT Act also forces DOD to confront uncomfortable issues head-on, like retaliation and the stigma surrounding male victimization, which erode confidence in the system and discourage women and men from reporting. The bill also extends critical services to civilian DOD employees and needed training to ROTC commanders, making sure the military community is playing by the same rules across the board.

The SUPPORT Act became law as part of the FY16 NDAA.

Read more about the SUPPORT Act here.


2014 - The FAIR Military Act

In April 2014, Congressman Turner and I introduced the FAIR Military Act.  The FAIR Military Act supports military sexual assault survivors, eliminates a bias in the military justice system and increases accountability among all levels of the military.

The legislation includes language that will help make sure that commanders will be assessed on their ability to create a climate where a victim can report a crime without fear of retaliation and requires that commanders be assessed on their ability to properly handle reports of sexual assault.  It also makes sure that changes regarding military sexual assault prevention from prior defense bills will apply to the military service academies and requires that an independent panel will look at how the mental health records of victims are admitted into evidence at trial.

The FAIR Military Act also limits the use of the “good soldier” defense, which allows a defendant to cite unrelated, subjective factors during trial, such as military record during sexual assault trials.

The bill became law as a part  the FY 2015 NDAA.  

More info here


2013 - The BE SAFE Act

In May, 2013 I introduced the bipartisan Better Enforcement for Sexual Assault Free Environments Act of 2013 Act (BE SAFE Act) in the House, along with Congressman Turner.  Senator Claire McCaskill (D-MO), and Senator Susan Collins (R-ME) partnered with us to introduce this legislation in the Senate.

The BE SAFE Act begins to change the powers of military commanders, who have unfettered discretion and authority to determine which cases get tried and then whether a conviction should stand, even if that conviction was determined by a jury. BE SAFE removes the commander’s ability to change or dismiss an adjudged court-martial conviction for any charge or specification, except in the case of minor offenses.  It also limits the commander’s ability to change a sentencing decision.

A single commander who was not personally involved or witness to the judicial proceedings should not have the ability to reverse a decision reached by a fair and impartial jury.  It seriously degrades confidence in our military justice system and compromises the rights of victims of sexual assault.

In addition, the BE SAFE Act requires that a person found guilty of an offense of rape, sexual assault, forcible sodomy, or an attempt to commit any of those offenses receive a punishment that includes, at a minimum, a dismissal or dishonorable discharge.

Previously, legislation I authored with Rep. Turner put in place the mechanism to allow victims to request an expedited transfer from their unit so they don’t have to continue serving alongside their alleged perpetrator. The BE SAFE Act now calls upon commanders to have the option to transfer the perpetrator, instead of the victim, if the victim prefers to remain with his / her unit.

The bill also builds upon my and Rep. Turner’s efforts to support the victim and instill confidence in the system by eliminating the five-year statute of limitations on trial by Court-Martial for sexual assault and sexual assault of a child, and expanding the legal assistance services available to military sexual assault victims.

BE SAFE received strong support from the House and Senate, as well as the Department of Defense.  It was became law as part of the FY 2014 NDAA.

Learn more about the BE SAFE here


2013 - Coast Guard STRONG Act

Along with Sens. Susan Collins (R-ME), Claire McCaskill (D-MO) and Rep. Mike Turner (R-OH), I introduced the U.S. Coast Guard Sexual Trauma Response, Oversight and Good Governance Act (Coast Guard STRONG Act) to combat sexual assault in our nation’s Coast Guard (USCG).

The bicameral, bipartisan legislation would ensure victims of sexual assault in the USCG are granted an expedited consideration and determination of a request for transfer away from the geographic location of their alleged assailant.  

In 2011, Congress passed and the president signed into law important legislation, the Defense STRONG Act that requires the military services to put in place protections for victims of sexual assault, including the right to legal assistance and the right for a victim to request a transfer away from the geographic location of his or her attacker and to have that transfer request considered on an expedited basis. This expedited request for transfer provision, in particular, puts power back in the victim’s hands after it has been brutally taken away. While the USCG has committed to implementing portions of the STRONG Act, it is important that federal law be updated to clarify that the protections provided by the legislation are extended to victims of sexual assault in the USCG. 

This language the FY2014 NDAA and was signed into law by President Obama in December 2013.

Learn more about Coast Guard STRONG here

2012 - FY2013 National Defense Authorization Act

I was pleased that the FY2013 NDAA, signed into law in December 2012, was the most comprehensive legislative package to date to reduce incidents of military sexual assault. This bill was shaped in large part by the brave victims who came forward to share their painful stories. Their testimony will make our military stronger, and I am very grateful for their willingness to be leaders in this fight.

For example, the FY2013 NDAA:

  • Created an independent review panel that includes civilian members who will force the Department of Defense to closely examine the way that it investigates, prosecutes, and adjudicates sexual assault and related offense; Click here to read the final report issued by this Independent Review Panel
     
  • Required the United States Government Accountability Office to assess how sexual assault metrics are being used in the new Department of Defense sexual assault database to identify trends in sexual assault incident reporting, as well as language I supported that will allow Congress and those responsible for overseeing the armed forces to better track prior steps taken by the Department of Defense to prevent sexual assault;
     
  • Required the creation of special victims units that will bring a level of expertise with psychological trauma to victim interviews and ultimately lead to more successful investigations and prosecutions;
     
  • Included language that I worked on with Congresswoman Louise Slaughter that will help servicemembers correct their military records if they have experienced sexual harassment or sexual assault. Retaliatory gestures and intimidation techniques have for years had a chilling effect on the willingness of victims of sexual assault in the military to come forward, and this provision takes a small step towards combating these incredibly harmful actions.


2011 - The Defense STRONG Act

In 2011, I co-authored Defense Sexual Trauma Response, Oversight, and Good Governance Act (The Defense STRONG Act) with Rep. Turner, in order to expand the legal rights of servicemembers who have been victims of sexual assault and to improve and strengthen prevention efforts within the Department of Defense.

This bipartisan legislation, signed into law by the President in December 2011 as part of the FY2012 NDAA, includes provisions to allow victims guaranteed access to legal counsel, enable expedited transfers for victims, maintain confidentiality when speaking with Victim Advocates, and provide greater training for sexual assault prevention at every level of the Armed Services. 

Anu Bhagwati, Executive Director of the Service Women’s Action Network (SWAN) explains: “the Defense STRONG Act will assist countless servicemembers who experience the horror of sexual assault in uniform by guaranteeing access to legal counsel and standardizing training and professionalizing the billets designed to support survivors.”


2011 - United States Air Force Special Victims Counsel

The United States Air Force Special Victims Counsel (SVC) program provides military sexual assault survivors with a dedicated attorney to walk them through the often cumbersome and confusing investigative and prosecutorial process.

The program was developed according to the “right to legal counsel” requirements that were originally part of the Defense STRONG Act, legislation I co-authored with Congressman Mike Turner (R-Ohio), which also granted victims the right to a base transfer if they felt threatened and the right to confidentiality when seeking assistance from an advocate. Defense STRONG was included in the FY2012 NDAA, which was signed into law in December of 2011.

The Air Force began a Special Victims pilot program in January 2013 and immediately found an urgent need for these services. According to the Air Force, attorneys acting as Special Victims Counsel represented 269 victims of sexual assault within the first few months.

Due to its success, the program has now been expanded to every branch of the armed forces.  Providing victims of sexual assault access to legal counsel is a critical step in the process of creating an environment that encourages victims to report these crimes and bringing those responsible to justice. We must recognize that there is a long way to go across the branches of the military when it comes to preventing and combating sexual assault, but seeing this provision from Defense STRONG implemented and expanded beyond the original pilot program is an encouraging step and I look forward to working with all the branches of our armed forces to continue that progress.


THE INVISIBLE WAR

I participated in a documentary film called The Invisible War, a stark and moving look at the alarming incidence of sexual assault in the United States military. This documentary, made by filmmakers Kirby Dick and Amy Ziering, was nominated for an Academy Award for Best Documentary Feature in 2013. In 2014, the documentary won a Peabody Award and an Emmy Award.

The Invisible War has been instrumental in focusing a national spotlight on a shocking issue that affects as many as one in five returning female veterans.

I am grateful to the makers of the film who went to extreme lengths to interview not only dozens of survivors, but also those who are working to break the pattern. This is an important film dedicated to ensuring that the stories of the courageous men and women it features, and the countless others who share their reality, receive the attention they deserve so that we can bring an end to the heartbreaking violence and injustice depicted in this film.

I have hosted several viewings of the film at various locations around Massachusetts and in Washington, D.C. Following a showing in Lowell, I joined a panel of military sexual assault survivors and advocates for a discussion with the audience on steps being taken in Congress and the armed forces. I will continue to host these viewings and panel discussions to help raise awareness of this important issue.

Learn more about The Invisible War here

MILITARY SEXUAL ASSAULT PREVENTION CAUCUS

Congressman Mike Turner and I established the Military Sexual Assault Prevention Caucus in 2012. We also serve as its co-chairs.

The caucus convenes to hold hearings and briefings from members of the military and activist organizations to help guide legislative initiatives aimed at preventing and combating sexual assault in the military.

The caucus has led several letters to Department of Defense leaders, which resulted in meetings and responses that were the foundation for many changes to the military’s sexual assault policies.

 

 

RESOURCES

If you have questions or need assistance, please do not hesitate to contact my office. You can call: 202-225-3411.

Or fill out this form and a representative from my office will contact you promptly: click here for contact form

Below please find several organizations and websites that provide information on MST-related matters, as well as assistance for active-duty servicemembers and veterans.

 

MEDIA

Below please find a small sample of media clips that discuss the MST issue in detail, as well as Congresswoman Tsongas' work to prevent and combat MST. For more clips, please click here.

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