Bill Aims To Assist And Protect Sexual Assault Victims

By Learned Foote -- Talk Radio News Service

Today, in a hearing before the Senate Committee on the Judiciary, a panel of expert witnesses testified to the necessity of reauthorizing the “Violence Against Women Act", a law passed by Congress in 1994, and reauthorized in 2000 and 2005. The panelists argued that reauthorization is necessary to improve services offered to victims of sexual assault and domestic abuse, and to strengthen the ability of law-enforcement officials to combat crime.

"Everyday VAWA funding makes a difference in how communities across America assess, assist, and protect victims,” said Catherine Pierce, acting Director of the U.S. Department of Justice’s Office of Violence Against Women.
 
Some witnesses affirmed that work remains to be done to increased funding for rural and under-served communities. 

“I was raped in a wealthy community, with an adequately funded and staffed rape crisis center,” said actress Gabrielle Union, who testified as an advocate for victims of sexual assault. She said that disparate resources varying from neighborhood to neighborhood create a “parallel universe of justice,” and that all victims should have adequate protection.
 
Karen Tronsgard-Scott, Director of the Vermont Network Against Domestic and Sexual Violence, said that: “Women, children and men are actually on waiting lists to receive treatment and therapy after sexual assault. The Violence Against Women Act is working, but the job is not done.” 

The hearing also addressed the issue of DNA testing sexual assault suspects. The American Civil Liberties Union criticized parts of the 2005 re-authorization of VAWA. The ACLU argues that the tests violate the Fourth Amendment, since the samples are collected before suspects are convicted. The Fourth Amendment protects U.S. citizens from unreasonable searches and seizures.
 
“DNA is a very useful tool in identifying suspects,” said Sally Wolfgang Wells, Chief Assistant of the Maricopa County, Arizona Attorney’s Office. "There are a number of crimes that seem to be precursors or associated with sexual crimes, like burglary, petty theft, other kinds of felonies like that. Many states are expanding their DNA testing to those offenders as well, so that - like I said - if we can identify them early and stop even one sexual assault, it’s worth it.”

Senator Patrick Leahy (D-Vt.), Chairman of the Senate Committee on the Judiciary, said that the bill has bipartisan support, and will “continue to serve as a powerful tool to combat violence perpetuated against women and families.” 

http://www.aclu.org/crimjustice/gen/19885leg20050929.html 

Sexual Assault in the Military

"Women serving in the U.S. military today are more likely to be raped by a fellow soldier than killed by enemy fire in Iraq,” Congresswoman Jane Harman (CA) reported to the congressional committee for Military Sexual Assault Victim Support and Response. The committee met Wednesday with military personnel to discuss how the Department of Defense can improve victim support and advocacy. Beginning the hearing was former marine Laura Waterson. Ms. Waterson was sexually assaulted by an officer in her unit in early 2001. Her testimony shed light on the meager and often time insulting support provided to her by the military following her report that she was sexually abused. Through out her often weepy eyed testimony Waterson described the extremely painful aftermath of her assault that ultimately to “Post Traumatic Stress Disorder, the end of her marriage, and extreme irrational behavior.”

Waterson’s testimony spoke to the issues that surround support for victims of sexual assault within the military. Following an assault there is the issue of confidentiality due to the fact that many women fear persecution or humiliation from other soldiers or are intimidated by commanding officers. Attending the hearing was the mother of Lance Cpl. Maria Lauterbach, whose daughter was murdered shortly after reporting that she was raped by a fellow officer. The victim’s mother believes that if the marines had provided more effective protection for Maria after her assault she would still be alive.

Currently, sexual assaults that occur in the military are to be reported to Sexual Assault Response Correspondents (SARCs). After the initial report it is the SARCs responsibility to provide support and advocate for the victim. Attending the hearing was SARC and Army Sergeant Michael Horwath. Sgt. Horwath described his duty as a “liaison between the survivor and their commander.” Waterson’s testimony shed light on the fact that the SARC has no legal ability to effect change in a commanding officer’s decision in any give sexual assault case. Furthermore, the acting commander of the unit in which sexual assault takes place has no legal or occupational incentive to follow through with thorough investigations and strict punishment. Congresswoman Jane Harman, an active member of the committee, stressed that this “is an epidemic that impairs our nation.”

While SARC and Navy Chief Petty Officer Tonya McKennie said that she “can ensure that the victim will receive all the advice and support that (she) can possibly offer,” she is not a part of the team that investigates the assault and she is limited to “interactions and suggestions” when it comes to reporting to the commanding officers. Congressman Michael Turner admitted that “this is an ongoing process and we don’t have it right.”

Congress criticizes military for sexual assault cases

Members of the House Oversight and Government Reform Committee had harsh words for Department of Defense officials at a committee hearing on sexual assault in the military. Rep. Michael Turner (R-Ohio) said "there is a clear problem within DoD." John Tierney (D-Mass.) said the Defense Department had not done their job as far responding to accusations of sexual assault. Rep. Carolyn Maloney (D-N.Y.) said that sexual assault and rape must be prosecuted equally in civilian life and in the military. Currently, she said, the two contexts are different.

Director of the Defense Capabilities and Management for the U.S. Government Accountability Office Brenda Farrell said that according to survey data, 6.8 percent of women and 1.8 percent of men in the military had experienced "unwanted sexual contact," during the last 12 months. She said that the majority chose not to report it. In a survey to 14 bases, 103 service members said they were sexually assaulted. Farrel said that the GAO concluded that the Defense Department had made progress, but they had " not adequately addressed some important issues," such as encouraging a system that supports reporting of sexual assault. Farrell said that in the GAO survey, 91 to 98 percent of those polled felt that their direct supervisor would address sexual assault.

Director of the Sexual Assault Prevention and Response Office for the Department of Defense Kaye Whitley said that Feb. 13, 2004, the Defense Department created a sexual assault task force. She said that the Pentagon knew of the problem of sexual assault, but that the commanders must report it, and deal with it harshly. Whitley had been subpoenaed for an earlier hearing date in July but the Defense Department advised her not to testify. Rep. Christopher Shays (R-Conn.) criticized Whitley, "We don't want someone weak in this office, we want someone who shakes it up and gets in trouble...It feels like your being abused in a different way."

DoD defends sexual assault policies

The National Security Subcommittee held an oversight hearing on sexual assault in the military. The hearing sought to ensure that that the Department of Defense has adequate policies and oversight mechanisms in place to prevent, treat and punish sexual assaults.

The DoD established the Sexual Assault Prevention and Response Office (SAPRO) after a similar Congressional hearing in 2004, and the director of the organization was subpoenaed to speak today. Michael Dominguez, principal deputy undersecretary for defense from the DoD was present at the hearing, however the director of the SAPRO did not show up. Chairman Waxman and other members of the subcommittee chastised Dominguez and the DoD for disregarding Congressional subpoena and asked Dominguez what the DoD is trying to hide by not allowing the Director of the office in question testify. Waxman then dismissed the DoD officials from the hearing, without allowing them to testify, in light of their inappropriate actions.

41 percent of female veterans seen by military doctors say they were victims of sexual assault while in the military and 29 percent reported being raped during their military service, said Rep. Jane Harman (D-Cali.). According to Department of Defense reports, in 2006 2,947 sexual assaults were reported, 73 percent more than in 2004. Since the creation of the SAPRO, the DoD has initiated training and improved reporting of rapes and sexual assaults but has inexplicably failed to track prosecution rates or how victims are faring within the military service, Harman said.

“Women serving in the U.S. military are more likely to be raped by a fellow soldier than killed by enemy fire in Iraq,” Harman said.

Harman is introducing legislation calling on the Secretary of Defense to develop and implement a comprehensive strategy to end assault and rape in the military, to encourage and increase investigations and prosecutions.

Rep. Louise Slaughter (D-N.Y.) reintroduced the Military Domestic and Sexual Violence Response Act, which acts to bring military laws up to par with civilian laws in the cases of sexual assault. The DoD must do more to ensure that American civilians serving in Iraq and Afghanistan receive the same protections as service members, she said.