[In 2 parts]
Rape rampant in US military
http://english.aljazeera.net/indepth/features/2010/12/2010122182546344551.html
Statistics and soldiers' testimonies reveal a harrowing epidemic of
sexual assault in the US military.
Dahr Jamail
24 Dec 2010
Sexual assault within the ranks of the military is not a new problem.
It is a systemic problem that has necessitated that the military
conduct its own annual reporting on the crisis.
A 2003 Air Force Academy sexual assault scandal prompted the
department of defense to include a provision in the 2004 National
Defense Authorization Act that required investigations and reports of
sexual harassment and assaults within US military academies to be
filed. The personal toll is, nevertheless, devastating.
Military sexual trauma (MST) survivor Susan Avila-Smith is director
of the veteran's advocacy group Women Organizing Women. She has been
serving female and scores of male clients in various stages of
recovery from MST for 15 years and knows of its devastating effects up close.
"People cannot conceive how badly wounded these people are," she told
Al Jazeera, "Of the 3,000 I've worked with, only one is employed.
Combat trauma is bad enough, but with MST it's not the enemy, it's
our guys who are doing it. You're fighting your friends, your peers,
people you've been told have your back. That betrayal, then the
betrayal from the command is, they say, worse than the sexual assault itself."
On December 13, the American Civil Liberties Union (ACLU) and other
groups filed a federal lawsuit seeking Pentagon records in order to
get the real facts about the incidence of sexual assault in the ranks.
The Pentagon has consistently refused to release records that fully
document the problem and how it is handled. Sexual assaults on women
in the US military have claimed some degree of visibility, but about
male victims there is absolute silence.
Pack Parachute, a non-profit in Seattle, assists veterans who are
sexual assault survivors. Its founder Kira Mountjoy-Pepka, was raped
as a cadet at the Air Force Academy. In July 2003 she was member of a
team of female cadets handpicked by Donald Rumsfeld, at the time the
secretary of defense, to tell their stories of having been sexually
assaulted. The ensuing media coverage and a Pentagon investigation
forced the academy to make the aforementioned major policy changes.
Report reveals alarming statistics
Mountjoy-Pepka often works with male survivors of MST. She stated in
a telephone interview that four per cent of men in the military
experience MST. "Most choose not to talk about it until after their
discharge from the military, largely because the post-traumatic
stress disorder (PTSD) in over 60 percent of MST cases is too
overwhelming," she informed Al Jazeera.
Last week the Pentagon released its "annual report on sexual
harassment and violence at the military service academies". At its
three academies, the number of reports of sexual assault and
harassment has risen a staggering 64 percent from last year.
The report attributes the huge increase to better reporting of
incidents due to increased training and education about sexual
assault and harassment. Veteran's Administration (VA) statistics show
that more than 50 percent of the veterans who screen positive for MST are men.
According to the US Census Bureau, there are roughly 22 million male
veterans compared to less than two million female vets.
In Congressional testimony in the summer of 2008, Lt. Gen. Rochelle,
the army chief of personnel, reported the little known statistic that
12 percent (approximately 260) of the 2,200 reported rapes in the
military in 2007 were reported by military male victims.
Due to their sheer numbers in the military, more men (at a rough
estimate one in twenty), have experienced MST than women.
Shamed into silence
Billy Capshaw was 17 when he joined the Army in 1977. After being
trained as a medic he was transferred to Baumholder, Germany. His
roommate, Jeffrey Dahmer, by virtue of his seniority ensured that
Capshaw had no formal assignment, no mail, and no pay. Having
completely isolated the young medic, Dahmer regularly sexually
assaulted, raped, and tortured him.
Dahmer went on to become the infamous serial killer and sex offender
who murdered 17 boys and men before being beaten to death by an
inmate at Columbia Correction Institution in 1994.
Capshaw reflects back, "At that young age I didn't know how to deal
with it. My commander did not believe me. Nobody helped me, even
though I begged and begged and begged."
The debilitating lifelong struggle Capshaw has had to face is common
among survivors of military sexual assault.
Later during therapy he needed to go public. Since then he says,
"I've talked to a lot of men, many of them soldiers, who are raped
but who won't go public with their story. The shame alone is overwhelming."
In 1985 Michael Warren enlisted in the navy and for three years
worked as a submarine machinist mate on a nuclear submarine. One day
he awoke to find another soldier performing fellatio on him.
He recollects with horror, "I was paralyzed with fear. I was in
disbelief... shame. When I reported it to the commander he said it
was better for me to deal with it after being discharged. Nobody
helped me, not even the chaplain. The commander at the processing
centre wouldn't look me in the face. When I filled out my claim later
they didn't believe me. It's so frustrating."
Armando Javier was an active duty Marine from 1990 to 1994. He was a
Lance Corporal at Camp Lejeune in 1993 when he was raped.
Five Marines jumped Javier and beat him until he was nearly
unconscious, before taking turns raping him. His sexual victimization
narrative reads, "One of them, a corporal, pulled down my shorts and
instructed the others to 'Get the grease'. Another corporal
instructed someone to bring the stick. They began to insert the stick
inside my anus. The people present during this sadistic and
ritual-like ceremony started to cajole, cheer, and laugh, saying
"stick em' – stick-em'."
Extreme shame and trauma compelled him not to disclose the crime to
anyone except a friend in his unit. He wrote in his account, "My
experience left me torn apart physically, mentally, and spiritually.
I was dehumanized and treated with ultimate cruelty, by my
perpetrators… I was embarrassed and ashamed and didn't know what to
do. I was young at that time. And being part of an elite organization
that values brotherhood, integrity and faithfulness made it hard to
come forward and reveal what happened."
The reality of being less equal
Women in America were first allowed into the military during the
Revolutionary War in 1775 and their travails are as old. Drill
instructors indoctrinate new recruits into it at the outset by
routinely referring to them as "girl," "pussy," "bitch," and "dyke."
A Command Sergeant Major told Catherine Jayne West of the Mississippi
National Guard, "There aren't but two places for women - in the
kitchen or in the bedroom. Women have no place in the military."
She was raped by fellow soldier Private First Class Kevin Lemeiux, at
the sprawling Camp Anaconda, north of Baghdad. The defense lawyer in
court merely wanted to know why, as a member of the army, she had not
fought back.
The morning after the rape, an army doctor gave her a thorough
examination. The army's criminal investigation team concluded her
story was true. Moreover, Lemeiux had bragged about the incident to
his buddies and they had turned him in. It seemed like a closed case,
but in court the defense claimed that the fact that West had not
fought back during the rape was what incriminated her. In addition,
her commanding officer and 1st Sergeant declared, in court, that she
was a "promiscuous female."
In contrast, Lemeiux, after the third court hearing of the trial, was
promoted to a Specialist. Meanwhile his lawyer entered a plea of insanity.
He was later found guilty of kidnapping but not rape, despite his own
admission of the crime. He was given three years for kidnapping, half
of which was knocked off.
The long term affects of MST
Jasmine Black, a human resources specialist in the Army National
Guard from June 2006 to September 2008 was raped by another soldier
in her battalion when she was stationed in Fort Jackson, South
Carolina. She reported it to her Sexual Assault Response Coordinator
(SARC) and the Military Police, but the culprit was not brought to book.
After an early discharge due to MST and treatment at a PTSD
Residential Rehabilitation Treatment Program (PRRTP) facility, she
was raped again by a higher-ranking member of the air force in February 2009.
Administrator for a combat engineering instruction unit in Knoxville,
Tennessee, Tracey Harmon has no illusions. "For women in the
military, you are either a bitch, a dyke, or a whore. If you sleep
with one person in your unit you are a whore. If you are a lesbian
you are a dyke, and if you don't sleep with other soldiers you are a bitch."
Maricela Guzman served in the navy from 1998 to 2002 as a computer
technician on the island of Diego Garcia. She was raped while in boot
camp, but fear of consequences kept her from talking about it for the
rest of her time in the military. "I survived by becoming a
workaholic and was much awarded as a soldier for my work ethic."
On witnessing the way it treated the native population in Diego
Garcia, she chose to dissociate from the military. Post discharge,
her life became unmanageable. She underwent a divorce, survived a
failed suicide attempt and became homeless before deciding to move in
with her parents. A chance encounter with a female veteran at a
political event in Los Angeles prompted her to contact the VA for
help. Her therapist there diagnosed her with PTSD from her rape.
The VA denied her claim nevertheless, "Because they said I couldn't
prove it … since I had not brought it up when it happened and also
because I had not shown any deviant behavior while in the service. I
was outraged and felt compelled to talk about what happened."
While it will go to any length to maintain public silence over the
issue, the military machine has no such qualms within its own
corridors. Guzman discloses, "Through the gossip mill we would hear
of women who had reported being raped. No confidentiality was
maintained nor any protection given to victims. The boys' club
culture is strong and the competition exclusive. That forces many not
to report rape, because it is a blemish and can ruin your career."
The department of defence reported that in fiscal year 2009, there
were 3,230 reports of sexual assault, an increase of 11 percent over
the prior year.
However, as high as the military's own figures are of rape and sexual
assault, victims and advocates Al Jazeera spoke with believe the real
figures are sure to be higher.
--
April Fitzsimmons, who was originally quoted in this article,
requested that her information be removed on the basis of personal reasons.
--
This is the first in a two part series on sexual harassment in the US
military. The second part in the series will be published in the
coming week. [See below.]
--------
Military sexual abuse 'staggering'
http://english.aljazeera.net/indepth/2010/12/20101223113859171112.html
In part two of our series, Al Jazeera examines the often hidden world
of rape and abuse in the US military.
Dahr Jamail
23 Dec 2010
Every year, rape increases at an alarming rate within American
military institutions – and even males are victims of the cycle.
In fact, due to raw demographics, one can roughly surmise that most
victims of sexual abuse in the military are male.
Regardless of gender, reports of victims of military sexual assault
have been increasing. In 2007, there were 2,200 reports of rape in
the military, whilst in 2009 saw an increase up to 3,230 reports of
sexual assault.
Many of the victims suffer from Military Sexual Trauma (MST) and are
shamed into silence, with numerous cases not even reported.
A disturbing trend, however, is how military officials seem to be
sweeping this damaging issue under the rug and deflecting blame.
Blaming the Victim
Kira Mountjoy-Pepka of Pack Parachute, a non-profit organisation
which assists sexually abused veterans, explains that the military
system favours the perpetrator. "What we're seeing now, and what
we've seen for decades, is when someone is assaulted, the military
investigators create false or misleading crime reports. Then the case
is dismissed, and the command persecutes the victim for false reporting."
She cites the Feres Doctrine (Feres v. United States, 340 US 135
[1950]) that made it impossible for the survivor to sue the
investigators since it, "essentially prohibits people from suing the
military and/or petitioning any non-military legal authority for
interdiction without the military's prior and explicit agreement and consent."
"If you're a victim and you report this crime and the military
mishandles the investigation, you can't sue them," she explains, "I
feel if this were taken up by Congress as an issue it would be
exposed that the military is operating against the Constitution by
denying victims their first amendment rights. The military always has
their own investigators investigate [these cases], and that doesn't
seem like justice to me."
The military goes to great lengths to protect the perpetrators, and
that deters survivors from reporting. The incidences of sexual trauma
in the military are staggering.
The Department of Defence claims to have a zero-tolerance policy
towards sexual assault in the ranks, but figures indicate otherwise.
According to the US Department of Veterans Affairs, the rate of
sexual assault on women in the military is twice that in the civilian
population. A Government Accountability Office report concluded that
most victims stay silent because of "the belief that nothing would be
done; fear of ostracism, harassment, or ridicule and concern that
peers would gossip."
While a civilian rape victim is ensured confidential advice from his
or her doctors, lawyers and advocates, the only access a military
rape survivor has is to a chaplain.
Compared with a 40 per cent arrest rate for sex crimes among
civilians, only eight per cent of investigated cases in the military
lead to prosecution.
After Congress mandated it do so in 2006, the Pentagon started a
comprehensive programme to track incidents. That year, there were
2,974 reported cases of rape and sexual assault in the military. Of
these, only 292 cases resulted in trials, and those netted only 181
prosecutions of perpetrators.
Nearly half the cases are dismissed for lack of adequate proof or due
to the death of the victim. Less than 11 per cent of the cases result
in a court martial. Often, those prosecuted merely suffer a reduction
in rank or pay, and 80 per cent receive an honourable discharge nonetheless.
The victim, on the other hand, risks ending his or her career when
they file charges.
Signed, the commander
Faced with the threat of possible persecution and losing their jobs
and professional credibility, most soldiers prefer to remain silent
about their traumas. Not that silence helps, because records reveal
that less than one-third of the women have been able to maintain
their careers in the military after having been assaulted.
When presented with these dismal statistics in an interview with ABC
News last year, former Principal Undersecretary of Defence for
Personnel and Readiness, Michael Dominguez said, "Yes, we absolutely
have to get better. Secretary [Robert] Gates himself is driving this
initiative this year to improve our ability to investigate, to
prosecute and convict. This is not where we want to be."
Dominguez's replacement, Clifford Stanley, issued a Strategic Plan
for Fiscal Years 2010-12 on December 30, 2009. It addresses the need
to "Establish a culture free of sexual assault", and puts forth goals
of 90 per cent "awareness" and 80 per cent "confidence" in the sexual
assault prevention and response program by the end of 2015, with no
specific mention of the means to accomplish these goals.
Those plans do not fill Susan Avila Smith with confidence. She is
director of the advocacy group Women Organising for Women and she
projects a dismal picture.
"The people I work with go all the way back to WWII. The stories are
almost exactly the same. It has always been covered up. Still the
drill sergeants, chaplains, and doctors appear to be the worst
perpetrators. So when these guys are convicted, rather than punishing
to the fullest extent, they can give them a letter of reprimand which
means Tommy was bad, signed The Commander. That letter comes out of
his personnel file before he moves on to the next unit, so it's like
nothing happened."
Military 'aware' of the crisis
Pentagon spokesperson Cynthia Smith assured Al Jazeera, "We
understand this is very important for everyone to get involved in
preventing sexual assault, and are calling on everyone to get
involved, step in, and watch each others' backs. We understand that
one sexual assault is too many in the Department of Defence (DOD). We
have an office working on prevention and response"
The office she alludes to is the Sexual Assault Prevention and
Response Office (SAPRO), which is responsible for the oversight of
the DOD's sexual assault policy.
In 2008 Kaye Whitley, Director of SAPRO, was subpoenaed to testify at
a hearing of the Subcommittee on National Security and Foreign
Affairs but was ordered by the military not to do so.
At a second oversight hearing she did appear and confessed to the
members of Congress, "I was given a direct order by my supervisor to
get back in the van and go back," she said.
At an MST Congressional hearing on February 3, 2010, highlighted was
what many see as the problem – the military investigating itself for
criminal acts of sexual assault and rape committed by its personnel,
as well as the naming of Task Force members and the work of the Task
Force being delayed for three years.
Due largely to Mountjoy-Pepka's work in the wake of her experiencing
MST and taking action, in October 2005 then-Secretary of Defence
Donald Rumsfeld authorised the DOD Task Force on Sexual Assault in
the military.
However, the DOD took three years to name the Task Force, and the
group's initial meeting did not occur until August 2008. During that
period, 6,000 service women and men were sexually assaulted or raped.
This same Task Force told Congress's Military Personnel Subcommittee
that, "DOD's procedures for collecting and documenting data about
military sexual assault incidents are lacking in accuracy,
reliability, and validity."
Task Force leaders also told Congress that "neither victims nor other
military personnel were routinely informed of the results of
disciplinary actions relating to sexual assault", and "Commanders
generally did not communicate case results to members of their
command, and that this lack of information often led to
misperceptions, rumours, and assumptions that allegations were unfounded."
Fighting back
Anuradha Bhagwati, the executive director of Service Women's Action
Network (SWAN), a group that helps military women who have been
victims of sexual violence, contradicts claims by the DOD that their
new programs will slow the number of MST victims. "We are seeing a
disturbingly steady flow," Bhagwati said .
In addition, she told Al Jazeera, "Contrary to DOD claims that they
are making it easier for MST survivors to get help, MST survivors
have a much more difficult time than other vets because of the burden
of proof being on them. There are concrete legal barriers in place
that prevent MST survivors from getting help."
The DOD defends the policy, saying it ensures that soldiers get
retained, promoted and their careers aren't destroyed.
SWAN has draft legislation in place to get rid of this policy.
Bhagwati concludes that nothing short of "radical systemic change"
will solve the MST crisis in the military today.
Susan Burke is an experienced litigator in Washington, DC who served
as lead counsel in five actions brought on behalf of the torture
victims at Abu Ghraib prison, as well as a suit against Blackwater
for killing 17 Iraqis in Baghdad.
She urges us to think of MST this way: "Think of the victims - it is
a double blow - first they're physically assaulted, then the
institution that is supposed to care for them does not care for them."
She claims that the DOD has done little more than give lip-service to
tackle the problem. "They created different positions, SARC, SAPRO,
but the problem is that there is no genuine political will to change
things. It's a paper tiger…the will doesn't exist. When you look at
the career paths of perpetrators compared to the victims, the former
are rising up the ranks, and the victims are leaving the military."
She is putting together a class action suit against the DOD for
failure to protect service-members from MST, aims to file it in
February, and hopes the case will bring significant and lasting
reform in the DOD's stance on MST.
They've been saying for years that they just need more time, that
they're getting their act together," Burke adds, "You can't expect to
have a properly functioning military without discipline problems
being addressed, and if you can't address rape, you have a real problem."
.