Rapists In The Ranks

[Wings]

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With the DoD making mandatory the DNA repository of all service members, HOW can the crimes of rape continue to go unpunished due to "insufficient evidence"?! I would NEVER allow my daughter to join the military, I would go to jail before I would let her join!! ~Wings

Rapists in the ranks

http://www.latimes.com/news/opinion/commen...0,5399612.story

By Jane Harman

March 31, 2008

The stories are shocking in their simplicity and brutality: A female military recruit is pinned down at knifepoint and raped repeatedly in her own barracks. Her attackers hid their faces but she identified them by their uniforms; they were her fellow soldiers. During a routine gynecological exam, a female soldier is attacked and raped by her military physician. Yet another young soldier, still adapting to life in a war zone, is raped by her commanding officer. Afraid for her standing in her unit, she feels she has nowhere to turn.

These are true stories, and, sadly, not isolated incidents. Women serving in the U.S. military are more likely to be raped by a fellow soldier than killed by enemy fire in Iraq.

The scope of the problem was brought into acute focus for me during a visit to the West Los Angeles VA Healthcare Center, where I met with female veterans and their doctors. My jaw dropped when the doctors told me that 41% of female veterans seen at the clinic say they were victims of sexual assault while in the military, and 29% report being raped during their military service. They spoke of their continued terror, feelings of helplessness and the downward spirals many of their lives have since taken.

Numbers reported by the Department of Defense show a sickening pattern. In 2006, 2,947 sexual assaults were reported -- 73% more than in 2004. The DOD's newest report, released this month, indicates that 2,688 reports were made in 2007, but a recent shift from calendar-year reporting to fiscal-year reporting makes comparisons with data from previous years much more difficult.

The Defense Department has made some efforts to manage this epidemic -- most notably in 2005, after the media received anonymous e-mail messages about sexual assaults at the Air Force Academy. The media scrutiny and congressional attention that followed led the DOD to create the Sexual Assault and Response Office. Since its inception, the office has initiated education and training programs, which have improved the reporting of cases of rapes and other sexual assaults. But more must be done to prevent attacks and to increase accountability.

At the heart of this crisis is an apparent inability or unwillingness to prosecute rapists in the ranks.

According to DOD statistics:

only 181 out of 2,212 subjects investigated for sexual assault in 2007, including 1,259 reports of rape, were referred to courts-martial, the equivalent of a criminal prosecution in the military.

Another 218 were handled via nonpunitive administrative action or discharge,

and 201 subjects were disciplined through "nonjudicial punishment," which means they may have been confined to quarters, assigned extra duty or received a similar slap on the wrist. In nearly half of the cases investigated, the chain of command took no action; more than a third of the time, that was because of "insufficient evidence."

This is in stark contrast to the civilian trend of prosecuting sexual assault. In California, for example, 44% of reported rapes result in arrests, and 64% of those who are arrested are prosecuted, according to the California Department of Justice.

The DOD must close this gap and remove the obstacles to effective investigation and prosecution. Failure to do so produces two harmful consequences: It deters victims from reporting, and it fails to deter offenders. The absence of rigorous prosecution perpetuates a culture tolerant of sexual assault -- an attitude that says "boys will be boys."

I have raised the issue with Defense Secretary Robert Gates. Although I believe that he is concerned, thus far, the military's response has been underwhelming -- and the apparent lack of urgency is inexcusable.

Congress is not doing much better. Although these sexual assault statistics are readily available, our oversight has failed to come to grips with the magnitude of the crisis. The abhorrent and graphic nature of the reports may make people uncomfortable, but that is no excuse for inaction. Congressional hearings are urgently needed to highlight the failure of existing policies. Most of our servicewomen and men are patriotic, courageous and hardworking people who embody the best of what it means to be an American. The failure to address military sexual assault runs counter to those ideals and shames us all.

Jane Harman (D-Venice) chairs the House Homeland Security subcommittee on intelligence.

Army Lawyer > July-August, 2003 > Article

Patricia A. Ham

The Department of Defense (DOD) began to use DNA samples to identify the remains of service members during the first Gulf War in 1991. (2) "Because of problems with obtaining reliable DNA samples during the Gulf War, the DOD began a program to collect and store reference specimens of DNA from members of the active duty and reserve forces." (3) What was then called the "DOD DNA Registry," (4)

a program within the Armed Forces Institute

of pathology, was established pursuant to a

December 16, 1991 memorandum of the

Deputy Secretary of Defense. Under this

program, DNA specimens are collected from

active duty and reserve military personnel

upon their enlistment, reenlistment, or preparation

for operational deployment.

As of December 2002, the Repository, now known as the "Armed Forces Repository of Specimen Samples for the Identification of Remains," contained the DNA of approximately 3.2 million service members. According to a recent DOD directive, the "provision of specimen samples by military members shall be mandatory." The direction to a soldier, sailor, airman, or marine to contribute a DNA sample is a lawful order which, if disobeyed, subjects the service member to prosecution under the Uniform Code of Military Justice (UCMJ). If convicted at court-martial for the offense of violating a lawful general order, the service member carries the lifelong stigma of a federal felony conviction, and faces a maximum punishment of a dishonorable discharge, confinement for two years, total forfeiture of all pay and allowances, and reduction to the lowest enlisted grade.

As its name suggests, the DNA Repository was initially conceived solely to identify the remains of service members. However, a small entry in the huge 2003 National Defense Authorization Act, "signed by President Bush on December 2, 2002, overrides Pentagon policy that the DNA samples be used almost solely to identity troops killed in combat," and allows access to the Repository for law enforcement purposes. (12) The provision reads:

[subsection] 1565a. DNA samples maintained for identification

of human remains: use for law

enforcement purposes

(a) Compliance with a court order.

(1) Subject to paragraph (2), if a valid

order of a Federal court (or military judge) so

requires, an element of the Department of

Defense that maintains a repository of DNA

samples for the purpose of identification of

human remains shall make available, for the

purpose specified in subsection (b), such

DNA samples on such terms and conditions

as such court (or military judge) directs.

[Guest Dataman]

I don't think U need the DNA Info. When it happen be harsh on them instead of blaming the Woman or trying to cover it up. Make it Capitol Crime in War Zone and go for it would stop it (but would not happen).

Shame......

If they ever use the DNA Database from the Military (ie open it up to all LE) I think everyone should have to give a sample then. Not that I have anything to hide.

[ruby]

I was in a non combat situation when I was assualted, I fought back and escaped, but I was still assualted. While I never realized it, I have a lot of baggage as a result of being assualted and how I was treated after I reported the assualt.

What needs to be done, is simply, you do the crime ,you do the time. The military is still the good ole boy network.

If I had known that I would have the baggage I have now, I would have pressed charges (was talked out of it) and I would have given my story to the AP hoping someone would print it back in 1976.

They should use any and all methods available to pursue these perverts.

Edited April 1, 2008 by ruby

[Jayg]

I may not have stated what I was feeling correctly, Wings. I agree 100%. They need to take these guys out back and shoot 'em. I'm talking about a coed military alltogether. IMHO (and that's all it is) there needs to be male units and female units. This is especially true in basic training. I honestly don't think that this would go very far in fixing this horrible problem, though.

I agree that no punishment is too harsh for a rapist. Oughta castrate 'em at the very least. That'd make darn sure they never did it again if nought else.

But my comment below was misunderstood, at least in part. I never meant to suggest such things occured only in CZs. Hardly. I was/am saying that they would be intensified in CZ or other high stress environments. And again, I most certainly am not suggesting this is any sort of justification. There is none.

[rentalguy1]

I'm obviously not in much of a position to speak on the matter. I would like to know from the females what they think would deter this. I've made my suggestion, and I'm sure that it doesn't get looked at favorably by the females, but please don't take me the wrong way. I am not trying to upset anyone. This is why I am against coed military units:

1. The little sister syndrome...having served in one company with one female I know that I, along with all the other guys, was always concerned for her safety. No, we didn't need to be. She was a soldier, and as such, she was more than capable of handling herself. That didn't matter, though. To all of us, she was like a sister, and nobody messed with our sister. What does this do to soldiers in a combat situation? Can a male soldier perform effectively if they are worried about something happening to their female counterpart?

2. Self-preservation. Can she pull my 210 pounds out of the helicopter wreckage when we get shot down? I have seen some that probably could, but most could not have.

3. Loss of freedom. All it takes is one slip of the toungue for a troop to be in big trouble. This is something that I never had to worry about in all male units, and we tried not to worry about it with the one female in my last unit, until someone made an off-color remark (not towards her...just in general) and was given an article 15. The normal rousing and joking pretty much ended right there, and unit cohesiveness began to break down.

All the ladies can begin throwing tomatoes at me now...lol.

[Ron II]

Hello,

Just my opinions and I don't have anymore stature than anyone else here. I would like to add that I served in units during my last 10 years in the Army that were 50 percent (approximately) women.

My thoughts after 23 years service.

1. There is no excuse or mitigating circumstances with regard to rape. Being in combat is no excuse. I could elaborate here, but the bottom line is that it is a crime and the perpetrator is a predator. regarding of age or rank.

2. The responsibility for ensuring that rapes do not occur lies with the senior leadership in each unit.

It is their responsibility to ensure that everyone knows that there is no tolerance for that type of animalistic behavior and they are not doing their job if they do not ensure there is prosecution of each and every case.

3. The units I served in never had a reported rape and men and women shared quarters during the last half of my career.

4. Boys will be boys is BS. If the chain of command doesn't work in ones unit, then they should take it higher. I'm not advocating this, but I was witness to my Sergeant Major (when I was a MSG) almost knock one of his 1SG's out (his hands were clenched) for verbally sexually harassing a female E-6/SSG. The first sergeant was relieved.

5. The answer is not segregating the women from the men; the answer is for leadership to take appropriate action and ensure each soldier in his/her unit knows that sexual misconduct will not be tolerated.

My opinions...

Ron

Edited April 3, 2008 by Manitou Sprgs

[rentalguy1]

I can see this going sour fast, and I probably urged it in that direction. I apologize to Wings for this, as it was not my intent. I will make this my last post in this thread, and sit back and watch, and hopefully learn a little something.

While I was in the army I was young and full of "piss and vinegar." I was taught how to kill people and blow things up from aloft. I was taught how to cast fear aside while trolling for fire. I was good at my job and I never hesitated to do it. I was cocky and harsh. Everyone in my unit was...there was more than enough machismo to go around. When a woman was introduced into our world, it was almost as if we were gelded. I hated my job the rest of the time that I was in that unit solely because I felt like I had to walk on eggshells because of one person.

That said, I agree wholeheartedly with Ron's comments that rape has absolutely nothing to do with boys being boys. I was a boy, and those kinds of thoughts never entered my head. And as much as I didn't like her being around, I damn sure made it my business that nothing bad was going to happen to her. It is up to more than the upper echelons of the command structure to make sure that these things don't happen. It is up to every member of a unit to have the backs of all the other members...male of female. If there was more chivalry still in existence today, this would not be a problem at all.