MIKULSKI CONTINUES FIGHT TO COMBAT SEXUAL ASSAULT IN THE MILITARY
Senator votes to support new reforms combating military sexual assault; follows December passage of National Defense Authorization Act which included more than 30 military sexual assault reform
“I have worked on this issue for years, and I am tired of lip service and empty promises of zero tolerance policies. Our men and women in uniform face enough stresses on the battlefield. We can’t allow sexual violence to be another one,” Senator says
U.S. Senator Barbara A. Mikulski (D-Md.) voted to pass new reforms to take on sexual assault in the military. The Senate unanimously voted 100 to 0 to advance the Victims Protection Act of 2014, legislation that builds on the more than 30 reforms recently passed in the National Defense Authorization Act to end military sexual assault. A vote on final passage of that legislation is expected Monday. Senator Mikulski also voted to support the Military Justice Improvement Act of 2013, which failed to pass a procedural hurdle.
“I have worked on this issue for years, and I am tired of lip service and empty promises of zero tolerance policies. Sexual assault in the military and service academies continues to rise,” Senator Mikulski said. “The 2013 National Defense Authorization Act (NDAA) included more than 30 reforms addressing sexual assault in the military. However, our work is not done. That is why I support Senator McCaskill and Senator Gillibrand’s bills to further reform our military justice system. These two bills take another step towards cracking the code on addressing sexual assault in the military. Our men and women in uniform face enough stresses on the battlefield. We can’t allow sexual violence to be another one.”
According to the fiscal year (FY) 2012 SAPRO report released by the Defense Department last year, an estimated 26,000 cases of sexual assault or unwanted sexual contact occurred in FY2012, a 37 percent increase from FY2011. Meanwhile, overall rates of reporting dropped from 13.5 percent in 2011 to 9.8 percent in 2012. In 2011, victims reported 3,192 out of 19,000 incidents, compared to 2012, where victims reported just 3,374 out of 26,000 incidents. While the number of perpetrators convicted of committing a sexual assault increased from 191 in 2011 to 238 in 2012, the conviction rate dropped from one percent in 2011 to 0.9 percent in 2012.
Of the 3,374 total reports in 2012, 2,558 reports were unrestricted, which means they were actionable. Of those unrestricted reports, 27 percent were for rape, 35 percent were for abusive and wrongful sexual contact, and 28 percent were for aggravated sexual assault and sexual assault. The remaining cases were for aggravated sexual contact, nonconsensual sodomy, indecent assault and attempts to commit those offenses.
In December, Senator Mikulski voted to pass the bipartisan National Defense Authorization Act. With an historic 20 women serving in the Senate, including seven on the Armed Services Committee, more than 30 reforms on sexual assault are included in the bill.
Senator Mikulski’s statement submitted to the Congressional Record follows:
“I rise in support of S. 1917, the Victims Protection Act of 2014, and S. 1752, the Military Justice Improvement Act of 2013.
“I have worked on this issue for years, and I am tired of lip service and empty promises of zero tolerance policies. Sexual assault in the military and service academies continues to rise. The data speaks for itself. Roughly 26,000 sexual assaults took place in the military last year.
“I am so proud of the seven women on the Armed Services Committee who led this effort. And I appreciate the fine men who supported them, especially Chairman Carl Levin.
“We’re now 20 women total in the Senate. We disagree on some issues, even the bills before us. But we agree on the goal of providing more prosecutorial tools to punish criminals, ensuring fairness in the process and getting help to victims.
“The 2013 National Defense Authorization Act (NDAA) included more than 30 reforms addressing sexual assault in the military. They include:
• 13 prosecutorial reforms;
• Five reforms to improve reporting of crimes;
• 10 reforms to improve victims services; and
• Two reforms to expand the training of first responders.
“This is a historic piece of legislation that takes a serious and significant step towards addressing this issue.
“However, our work is not done. That is why I support Senator McCaskill and Senator Gillibrand’s bills to further reform our military justice system.
“Senator McCaskill’s bill builds on the provisions included in the 2013 NDAA by providing additional support to victims. It prevents defendants from using a good military character defense unless it is relevant to the crime. And it ensures these improvements also apply to the Service Academies which are also dealing with the epidemic of sexual assault.
“I also support Senator Gillibrand’s bill which would take the job of deciding which crimes to prosecute out of the hands of commanders and instead give it to independent military prosecutors with expertise in these crimes.
“This approach has value for victims, commanding officers and the accused. Victims are assured of a fair process. Commanders are given an independent source on an issue that they might not have expertise or experience. And those accused of sexual violence get legal protections through the process.
“These two bills take another step towards cracking the code on addressing sexual assault in the military. Our men and women in uniform face enough stresses on the battlefield. We can’t allow sexual violence to be another one.
“I urge my colleagues to support these bills.”