Calls for the Secretary of Defense to develop a comprehensive strategy to increase and encourage investigation and prosecution of sexual assault and rape cases in the military.
Sets forth elements to be included in such strategy, including: (1) requiring commanders to be held accountable for sexual assaults and rapes in their units and for disposition of such cases; (2) developing prevention and response programs to create a culture that prevents sexual assault and rape in the military and encourages more reporting by victims; (3) reviewing the capacity of the legal infrastructure in the military to investigate and prosecute effectively sexual assault cases; (4) examining any barriers on military facilities to conducting effective investigations of sexual assault and rape cases; and (5) ensuring that the command affords an alleged sexual assault victim an opportunity for a base transfer should a military protection order be issued.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 28 Introduced in House (IH)]
111th CONGRESS
1st Session
H. CON. RES. 28
Expressing the sense of the Congress regarding sexual assaults and rape
in the military.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 27, 2009
Ms. Harman (for herself and Mr. Turner) submitted the following
concurrent resolution; which was referred to the Committee on Armed
Services
_______________________________________________________________________
CONCURRENT RESOLUTION
Expressing the sense of the Congress regarding sexual assaults and rape
in the military.
Whereas since 2002, 66,342 female veterans reported being raped, sexually
assaulted, or experiencing another form of military sexual trauma,
constituting 20 percent of the women seen at VA facilities nationwide,
according to the Department of Veterans Affairs' figures;
Whereas 41 percent of female veterans treated at the West Los Angeles VA Health
Center reported being sexually assaulted while in the military, and 29
percent reported being raped during their military service;
Whereas reported sexual assaults and rapes rose 73 percent from 2004 to 2006,
according to Department of Defense figures;
Whereas 2,688 reports of sexual assaults were made in fiscal year 2007,
including 1,259 reports of rape, according to the Department of Defense;
Whereas the chain of command took no action in almost half of the cases
investigated claiming insufficient evidence and the majority of the
remainder were dealt with through nonjudicial punishment or
administrative action, which in most cases amounts to little more than a
slap on the wrist;
Whereas only 181 of the 2,212--or 8 percent--subjects investigated during fiscal
year 2007 were referred to courts martial;
Whereas civilian law enforcement authorities prosecute 40 percent of those
arrested for rape, according to the United States Department of Justice
and Federal Bureau of Investigation statistics;
Whereas the absence of aggressive prosecutions by the military perpetuates a
hostile environment and hinders a victim's willingness to report a
sexual assault or rape;
Whereas the military's response was to create the Sexual Assault Prevention and
Response Office (SAPRO) in 2005, which serves as the single point of
accountability and oversight for the Department of Defense sexual
assault policy;
Whereas SAPRO has improved reporting of sexual assault and rape, but still does
not track investigations or prosecutions of reported cases; and
Whereas sexual assault and rape are a threat to our national security: Now,
therefore, be it
Resolved by the House of Representatives (the Senate concurring),
That it is the sense of the Congress that the Secretary of Defense
should develop a comprehensive strategy to increase and encourage
investigation and prosecution of sexual assault and rape cases in the
military that includes the following elements:
(1) Require commanders to be held accountable for sexual
assaults and rapes that occur in their units and provide
justification for disposing of cases through non-judicial
punishment and other administrative actions.
(2) Develop and enhance existing prevention and response
programs by using proven best-practice methods to create a
culture that prevents sexual assault and rape in the military
and encourages more reporting by victims.
(3) Conduct more aggressive oversight of existing
prevention and response programs, analyze trends, and establish
performance metrics to ensure that such programs are effective.
(4) Require the Secretary to review current training
methods for all military investigations and Judge Advocate
staff, and implement any improvements that are necessary.
(5) Encourage communication and data sharing between SAPRO
and other military branches to enhance coordination and
oversight of sexual assault and rape cases as they move through
the legal process.
(6) Review the capacity of the legal infrastructure in the
military to investigate and prosecute effectively sexual
assault cases in the military.
(7) Examine any additional barriers (such as staff
availability and adequate resources) on military bases and
facilities in the United States, abroad, and in theater to
conduct effective investigation of sexual assault and rape
cases.
(8) Review command disposition of cases and identify
whether further oversight is required to ensure that cases
reaching non-judicial ends are justified.
(9) Classify a military protection order as a standing
military order to assure an investigation has occurred and
command has completely adjudicated allegations before the order
can be overturned.
(10) Establish a policy that mandates the notification of
any military protective order issued on base to local civilian
law enforcement to provide the continuity of protection of
victims.
(11) Ensure that once a servicemember has notified her or
his command that she or he has been sexually assaulted or
raped, the command affords the alleged victim an opportunity
for a base transfer should a military protection order be
issued.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Armed Services.
Referred to the Subcommittee on Military Personnel.
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