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.

[Ron II]

I

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.

Hello RentalGuy,

I am surprised that unit cohesiveness was predicated (so it seems) on being able to use misogynistic language (my inference). For a person to have received an Article 15 for his offense, I suspect his remark was more than just "off-color".

I would like to suggest that your unit had not been provided guidance with regard to serving with women in the unit. I remember walking down the street on a kaserne in Germany listening to the cat-calls the young female in front of me was receiving. I made as many of the on-the-spot corrections as I could, but like most cowards, their heads receded into the barracks when someone called them on their inappropriate actions.

Ron

Edited April 2, 2008 by Manitou Sprgs

[Ron II]

I was writing my comments while RentalGuy was posting his. Ron

[Ron II]

I also have made my last comment; I apologize if I offended anyone, but this is a subject I feel passionate about.

Ron

[Mcafee]

This is a very difficult and sensetive subject it is most unfortunate that this has occurred because some men think with there other Brains and not there rational mind.And this happens on a daily basis whether it be in the military or on the street,However if these individuals where to be turned into Eunichs for the rest of there lives it will hit home for sure. My apologies to those of you whom endure on a daily basis from this violent expierence.

[Mcafee]

Blessed is he, who in the name of charity and good will, shepherds the weak through the valley of darkness, for he is truly his brother's keeper and the finder of lost children.

[Jayg]

I was not trying to cause trouble. I knew some would not welcome my comments but the subject was broached.

I think it is a testament to the quality of the members here that this topic did not degenerate into a mudslinging match.

I wasn't going to camment anymore but will join with others in stating that I'll not belabor the point further either.