WASHINGTON – In a stinging rebuke of the militarys efforts to curb sexual assault, members of a Senate panel hammered Defense Department officials on Wednesday for making too little progress in combating the crimes and failing to improve a military justice system that victims described as slow and uncaring.
The panel heard harrowing testimony from several victims, who said military justice is broken and pushed for Congress to take action to stem the rape, sexual assault and sexual harassment that they said are pervasive in all the service branches.
Pentagon officials said they grasp the problem.
Sexual assault in the military is not only an abhorrent crime that does enormous harm to the victim, but it is also a virulent attack on the discipline and good order on which military cohesion depends, said Robert Taylor, the Pentagons acting general counsel.
The Air Force has zero tolerance for this offense, added Lt. Gen. Richard Harding, the judge advocate general of the Air Force.
But lawmakers pointed to a decision by Air Force Lt. Gen. Craig Franklin to reverse a guilty verdict in a sexual assault case as evidence of how the military fails the victims who come forward to report the crimes.
Under military law, a commander who convenes a court martial is known as the convening authority and has the sole discretion to reduce or set aside guilty verdicts and sentences or to reverse a jurys verdict.
Her voice rising, Sen. Kirsten Gillibrand, D-N.Y., said all the promises of zero tolerance amount to nothing if a convening authority is the only person who can decide whether to overturn a case.
Gillibrand, chairwoman of the Senate Armed Services Personnel Subcommittee, then directed her frustration at Harding, demanding to know whether justice was done when Franklin overturned a military jurys conviction.
Harding replied that Franklin reviewed the facts and made an independent decision with integrity. Gillibrand then asked whether justice was served when the five senior officers on the jury rendered a guilty verdict. Harding said he could not say.
The case is generating support for legislation that would prevent commanding officers from overturning rulings made by judges and juries at courts-martial proceedings.
Anu Bhagwati of the Service Womens Action Network told the panel that commanders are unable to make impartial decisions because they usually have a professional relationship with the accused and, often times, with the victim as well. Bhagwati, a former Marine Corps captain, said court-martial cases should be left in the hands of trained, professional, disinterested prosecutors.
Rebekah Havrilla, a former Army sergeant, expressed a similar view. She told the panel that she encountered a broken military criminal justice system after she was raped by another service member while serving in Afghanistan. Havrilla described suffering from post-traumatic stress disorder and described how her case was eventually closed after senior commanders decided not to pursue charges.
What we need is a military with a fair and impartial criminal justice system, one that is run by professional and legal experts, not unit commanders, Havrilla said.
BriGette McCoy, a former Army specialist and a Persian Gulf war veteran, said she was raped when she was 18 and at her first duty station. But she did not report it. Three years later, she reported being sexually harassed and asked for an apology and to be removed from working directly with the offender.
They did remove me from his team, and his formal apology consisted of him driving by me on base and saying sorry out of his open car door window, McCoy told the subcommittee.