It is estimated that 1 in 3 servicewomen
are sexually assaulted during their military career. This rate is about double
that of civilian women. Victims of sexual assault are constantly in fear of
retaliation from their peers and commanding officers as well. They also run the
risk of having their military career stalled or completely ended. While the
case is court martialed (being tried in a judicial court ran by military
officials) they are often put on leave, unable to complete any training until a
verdict is reached. This process is sometimes stretched out in hopes of forcing
the victim to change their mind on pursuing justice any further. Victims of
sexual assault in the military have to first report the incident to their
commanding officer, where a conflict of interest is almost guaranteed to happen.
The military chain of command should not be involved with incidents of this
nature because they have mishandled cases and abused the system for years. It
has been proven that they are incapable of providing unbiased and fair
judgement while also protecting the victim, therefore all cases involving
sexual assault should be handled by civilian court.
Women in the military are already in
a precarious position being in the minority among their colleagues. Many women
who become victims choose not to report the assault because of the stigma
involved in doing so. They are trained to think of themselves and their
comrades as brothers and any accusation would cause a break in the ‘family.’
Victims are discouraged from possibly ruining the career of the perpetrator.
Yet they are not afforded the same level of respect just because of their sex.
There can be a pervasive misogyny in the military environment. Approximately
one-third of women in the military have faced some sort of gender-based
discrimination. All the talk of brotherhood does not appear apply to them,
especially when an assault occurs. Instead of much needed support, they receive
even more harassment and threats. Not to mention there is constant gossip and
accusations of the victim lying or ‘asking for it.’ Women also run the risk of losing their
careers if they decide to come forward. They are usually placed in a holding
platoon where they are not allowed to continue training or work until the investigation
and court martial process ends.
The ending of one’s career is not
the only life-altering challenge that a victim of sexual assault will face. According
to a study by the Human Rights Watch, military assault victims who report the
crime are “12 times more likely to be retaliated against than see their
attacker convicted of sex crimes.” The retaliation tactics include death
threats, social isolation, and sometimes even more assault. The accused is not
the only perpetrator either. Women who decide to come forward (or even just
contemplate it) face further harassment from fellow troops as well as
commanding officers and other higher-ups. Of the women who have come forward
about their assault, 62% have experienced some form of retaliation. Many of
them claim that the retaliation was the worst part of their ordeal and regret
coming forward because of it.
The burden of coming forward that
victims bear does not end when the court proceedings begin. During a court
martial they are faced with high-ranking officials, usually much older, and
almost always white men. The few women that do oversee proceedings are often
known to be even harder on the women than the men. The burden of proof lies on
the prosecution and the victim seems to be the one on trial for a majority of
cases. They have to relive their experience in excruciating detail in front a
group of men who question everything. Many times the officials judging the case
believe that the sex was consensual and the victims are merely out for revenge
like scorned lovers against the higher-ranking officers. One woman who came
forward was actually prosecuted for adultery because the man who raped her was
married.
The military has had jurisdiction
over sexual assault and similar crimes since the Uniform Code of Military
Justice (UCMJ) was passed by Congress in 1951. With the ubiquitous threats and
retaliation (not to mention physical and mental damage) that victims endure, it
is clear that they are failing in their mission for providing justice and
protection. Some measures have been taken through Congress to protect victims,
but the power still lies in the military chain of command. Until the process of
trying sexual assault cases is taken out of their hands, the military will
continue to exacerbate rape culture among its members.
References
Human
Rights Watch (2015, May 18). US: Military Whistleblowers At Risk. Human Rights Watch. Retrieved November
1, 2015 from https://www.hrw.org/news/2015/05/18/us-military-whistleblowers-risk
