Legislation being considered this week in Congress would strengthen protections for victims of sexual assault in the military, a measure that advocates say is needed to encourage them to report the crimes.
Pentagon figures show that fewer than one in six cases of sexual assault in the military were reported last year. The Defense Department has estimated that there were some 19,000 alleged cases of sexual assault last year, based on survey results, but only 3,158 were reported to authorities.
“The numbers kind of tell the story,” said Greg Jacob, policy director for the Service Women’s Action Network, an advocacy group that is supporting the legislation. “It’s hugely underreported.”
The Defense Sexual Trauma Response, Oversight and Good Governance Act, introduced in the House last month by Rep. Niki Tsongas (D-Mass.) and Rep. Michael R. Turner (R-Ohio), has been incorporated in the 2012 defense authorization bill being considered this week in the House. Similar legislation was introduced in the Senate last week by Sen. John F. Kerry (D-Mass.) and Sen. Susan Collins (R-Maine) and has been sent to the Senate Armed Services Committee.
The legislation is aimed at addressing a number of findings contained in the Defense Department’s 2009 Task Force Report on Sexual Assault, which concluded that many victims of sexual assault believe they did not receive sufficient protection and support after the alleged crime.
One of the key provisions in the legislation would give victims of sexual assault the right to seek a transfer from their base or unit. “A lot of times, these assaults occur in the same unit, and the alleged perpetrator is in a position of authority over the victim,” Jacob said.
In 2007, Marine Lance Cpl. Maria Lauterbach, who was stationed at Camp Lejeune, N.C., was killed by a noncommissioned officer she had accused of sexual assault.
The case was cited last month by Turner during the bill’s introduction. Lauterbach “met a tragic end to her life because of a system which did not provide adequate protection for victims of sexual assault,” Turner said.
The legislation would also establish that communications between victims and their advocates are considered privileged. Currently, such conversations can be subpoenaed and used in court.
“If victims think comments will be used against them, it prevents them from coming forward,” said Tsongas.
The change would include conversations between victims and a 24-hour sexual assault response hotline maintained by the Defense Department.
Thirty-five states provide a privilege for communications between a victim and a victim advocate.
The legislation would require the Defense Department to provide all alleged victims of sexual assault access to a military lawyer who can represent their interests. Currently, defendants are guaranteed such access, but victims are not.
The legislation would also require the Defense Department to indefinitely retain some records related to sexual assault. Some records are destroyed after one year, leaving no trace of the incident.
“Often, there is no record,” said Tsongas.
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