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Subscribe to RSSDirector Kirby Dick and producer Amy Ziering share details from their documentary, "The Invisible War," which looks into the thousands of rapes and sexual assaults in the military. Wes Moore joins the Morning Joe panel to continue the conversation.
In “The Invisible War,” a new documentary on sexual assault in the military, service people repeatedly share a version of the same story. Subject after subject describes a harrowing assault, the intimidation and retaliation that often followed, and the failure of an institution to hold perpetrators accountable for their crimes.
“It was uncanny, chilling and disturbing,” Amy Ziering, a producer for the film, told msnbc.com. “I would do interview after interview and these women who never met each other and served in different branches would tell almost identical stories.”
Last year, 3,192 sexual assaults, from unwanted sexual touching to rape, were reported across all branches of the military. Based on anonymous surveys of active-duty service members conducted in 2010, however, the Department of Defense says the number of incidents was closer to 19,000.
Women aren't the only ones affected. Of the 65,000 veterans who sought treatment in 2009 for conditions related to military sexual trauma, a term that also includes sexual harassment, 40 percent were men.
“The Invisible War” opens on Friday in theaters in New York, Washington, D.C., Los Angeles and San Francisco in the wake of significant changes to the way the military investigates and handles allegations of sexual assault.
In the past six months, new policies have given victims the right to quickly transfer out of a unit and have access to advocates who will explain the prosecution process. Cases will soon be handled by higher-ranking officers and the Department of Defense has proposed creating special victims units staffed with trained legal personnel.
Critics are encouraged by these policies, but say more needs to be done to deter sexual assault and transform the culture of intimidation and retaliation.
The women, and men, in “The Invisible War,” appear as casualties of that culture.
Kori Cioca, who served in the Coast Guard, said that her chain of command threatened to court-martial her after she reported being raped by a commanding officer in December 2005. The charge, she was told, would be for lying. The officer admitted the attack, but denied the rape. His punishment was 30 days of base restriction and loss of pay. The attack left Cioca with a broken jaw, nerve damage to her face and post-traumatic stress disorder.
Ariana Klay, a first lieutenant in the Marine Corps who served in Iraq, said she was raped by a senior officer and his civilian friend in August 2010. After reporting the assaults, Klay said the subsequent harassment and retaliation led her to attempt suicide. When the Marine Corps investigated her case, Klay was told she had invited harassment by wearing make-up and regulation-length skirts. One of Klay's attackers was court-martialed, but convicted of adultery and indecent language -- not rape.
Trina McDonald, a seaman stationed at a remote naval station in Alaska, said she was repeatedly raped and drugged by members of the military police beginning in 1989. She did not report the assaults since those that were involved in the rapes, including higher-ranking officers, were the individuals to whom she would have reported.
'Inherent conflict of interest'
In April, Secretary of Defense Leon Panetta tried to end that dynamic by issuing a directive that the decision to pursue prosecution be handled by a colonel or officer of equivalent rank, a move military officials hope will provide greater accountability.
Previously, a service member’s local unit commander would evaluate the charges and determine whether to pursue disciplinary action -- a system that led to limited prosecutions. Of the 3,192 reports in 2011, only cases on 1,518 subjects were brought forward for disciplinary review last year.
Anu Bhagwati, executive director of the human rights organization Service Women's Action Network and a former captain in the Marine Corps, said that the reluctance of unit commanders to investigate claims is not always based on “malicious attitudes.” Instead, “sometimes there’s just sort of like this misplaced benevolence.” The accused, for example, might have a family and lifelong career, both of which a commander is loath to endanger when it might be difficult to prove an assault. “But what about the victim?” Bhagwati said. “Who’s protecting her?”
Rep. Niki Tsongas, D-Mass, a member of the House Armed Services Committee who has sponsored legislation expanding legal protections for sexual assault victims, told msnbc.com that the move to make high-ranking officers responsible for investigations is an important first step. Without an increase in successful prosecutions, though, Tsongas remains unconvinced that the chain of command should keep its power to determine whether cases are investigated.
Critics, including the filmmakers of “The Invisible War,” believe that the decision to investigate and prosecute must lie completely outside of the chain of command, citing that a colonel may still know or have friendships with the perpetrator or his commander.
“You don’t want to have an inherent conflict of interest where you’re trying to determine if rape occurred,” said Susan Burke, a Washington, D.C., lawyer who has filed a suit on behalf of some of the women who appear in the documentary. Burke would prefer if the decision to shut down rape and sexual assault investigations was made outside of the military by the civilian justice system, or if the chain of command were entirely removed from the process.
Burke’s firm has interviewed more than 400 service members and represents 48 plaintiffs in three different complaints that seek to give service members the right to sue the military for civil damages related to sexual assault.
A 1950 Supreme Court decision prevents service members from bringing torts against the U.S. for injuries sustained during duty, a doctrine Burke said is outdated and was never intended to apply to something like sexual assault. If lawsuits were permitted, Burke believes that would create an institutional deterrent that would ameliorate the underreporting and under-prosecuting of cases.
Even with such recourse, changing the culture around sexual assault in the military will require multiple fronts. “It’s going to have to come from a lot of directions at once,” Tsongas said. “It can't just be from top down or bottom up.”
'We owe it to the public'
“The Invisible War” is critical of the military for not doing more to transform that dynamic sooner, focusing in particular on the Department of Defense's Sexual Assault Prevention and Response Office (SAPRO). That unit is charged with overseeing the department's sexual assault policy and providing training and victim-assistance programs.
Until last year, SAPRO's director was a civilian, which critics felt was indicative of the military's lack of urgency around dealing with sexual assault.
Some have criticized the program's training material as too focused on the victim taking responsibility for preventive actions. In the film, a clip from a sexual assault prevention training video portrays a scenario in which a woman is reminded to go out at night with a buddy.
“I was disappointed that film did not accurately portray what SAPRO has done in the past 12 to 18 months,” said Major General Mary Kay Hertog, who was appointed as director in 2011.
Hertog, who called the film “gut-wrenching,” said the office had worked intensely on implementing the new policies, expediting transfers for victims, expanding legal assistance through trained advocates, and developing a standard for document retention so victims can make records available to Veterans Affairs for claims related to an assault.
By October 13, sexual assault response coordinators, which act as a single point of contact for victims, will be credentialed specifically in victim assistance. She said the office was reviewing training materials across the services in order to determine a gold standard. “The training we do is not victim-blaming whatsoever,” she said.
Hertog, who is retiring this month, said she is confident her successor, Major General Gary Patton, will be aggressive in implementing new policies.
The Department of Defense, she said, is committed to investigating perpetrators and removing them from the military: “We owe it to the public to protect their children.”
Rebecca Ruiz is a reporter at msnbc.com and a 2011-2012 Rosalynn Carter Mental Health Journalism Fellow. Follow her on Twitter here.
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What, you didn't see this coming? This is what happens when homosexuals are allowed in the military. A lot of guys getting raped. sickening.
That was by far the most ignorant thing I have ever read. I served 2 tours in Afghanistan, and I can tell you without a doubt, that these incidents were happening long before gays were allowed in the military. I suggest learning some facts before you share your opinion, you pathetic mouth-breather... Oh, and i'm straight, just not stupid.
Charlie from Chesterfield - This is not a gay issue. Stop using this terrible situation to further your political agenda.
"Political agenda"? This guy has no agenda, just a sick hate for homosexuals. I wonder why? May he is...?
And this from a person who thinks homosexuality is not natural, but from there to express intolerance or hate is a long stretch. Live and let live.
Well said!
Having served in the military 25 years, i would say 1/2 women were teasing the men. I would also say there are a lot of people in the service that meet basic requirements to enlist, this causes problems during long missions.
In simpler times you hanged the offender in public, strung a sign around his neck that said RAPIST, and the troops got the message pretty quick. If not, repeat until you achieve desired result. Oh, that's right, I forgot - soldier rapists have rights and shouldn't be held accountable because they suffer from PTSD.
What simpler times? Care to give any facts? Dates?
Seven Years War/French and Indian War for example.
The British were called "lobsterbacks" because their backs were always red from the lash. The Royal Navy used it extensively also to maintain shipboard discipline.
During the Napoleonic Wars Wellington hung British soldiers for a variety of offenses.
Just 1 more of the many reasons women SHOULD NOT be in the military. I know personally (I know of 3 women known personally to me) that some join because they are looking for men. They can't find them in normal circumstances so they go "where the men are". They create havoc with the men by dressing provocotivly when off duty. Deliberatly flirting with them. So I really don't blame the guys for wanting to have their way with them. Even supply clerks, secretaries, nurses, etc., etc., etc. The worst possible place for them to be is in the trenches. Field duty, submarines. Bivowacked together. Non of it will come out well.
I don't think it is right that men do this, or women, they are just as guilty, don't get me wrong. It is deplorable. But when opposite sexes are thrown together in situations like this you know that something is going to happen. And being in a strange land is even worse. In the Asian countries, IE: Japan, S. Korea, Vietnam, anywhere that there is prostitution available is just as bad. These women prey on our men and women in uniform. They should be totally off limits to our service men and women, period. And if there is the occation that they go and are caught, they should be sent home tute suite. The dieseses that they can pick up are often irreversable. And are passed on to family members and "new" friends. Sick. Women can do our service men well by staying home to support them until they come home. There should be a limit on how long they sould stay on tour of duty to 2 years in a foreign land. Then be rotated out state side where families can be stationed where ever as long as they are together. Personally I wouldn't recommend marriages period while in the military. Do your stent, get out, have a family. Earn a degree in the military, Engineering, mechanics, drafting, anything that will give you a good job when you are released. I know this is what is called a "Dream on" comment, but there is a lot of validity in what I say.
If any of you "think" the military is going to do anything more than shoot out empty promises you all need to rent a grip on reality. This has been going on forever and will continue unless it is taken out of the hands of the military completely. This is not a military offense, it is a crime that should be tried in civilian courts where there is no conflict of interest. If a soldier faces a dishonorable discharge and the loss of their benefits for having an opinion on facebook, should not a rapist face this and more such as time in Levanworth. Is this not equal to the actions of being a traitor to the uniform? Unfortunately I "know" from past experiences with the military their super broom will just sweep it under the rug like it did the molestation of my 4 year old Granddaughter which took place on an installation. I have been fighting to have IT taken care of since 2010 and hold verification of it by a hospital but no one will touch it much less DO anything about it. I hold CID acknowledgement as well as FBI and the post commander, but still nothing because things like that DO NOT happen on military installations. You would be amazed what goes on on posts. I lived on them and saw things for myself that make it difficult for me to even fly a flag anymore. It's all politics and lets face it...we "all" know how that works.
I have a three year old granddaughter, and what you posted makes me sick. If bodies (lifeless bodies) started showning up on the installation mentioned, would that encourage some people to take another look at this. People don't just "snap". People get snapped. If you even have an inkling of who is responsible for your granddaughters abuse, there are people out there that can make them suffer horribly, if you cannot follow through with that yourself. Screw the law. This is a four year old. A man in Texas was just aquitted of any potential charges when he killed a man with his bare hands that was caught raping his child daughter. A hero in my eyes.
shut the military down, they do more harm than good
I spent over twenty years in two branches of the military. Granted, most if it was in the Infantry field, but I interacted with females as peer, subordinate, and superior. I cannot honestly say that I was witness too, or even heard of "inappropriate" relations between the sexes. And I never even heard of rape being tossed around. I was however, aware of the chemistry between male and female in uniform. Same as it is out here in the world. The attraction factor is not camouflaged in the military. The Armed Forces are a mirror of our society. What you witness out here, you will see in there. There is a set of regulations that affect such interactions, or violations of that. I think that there is way more to the story than anyone really wants to admit. Sensationalism, witch hunting, and unsubstantiated allegations and perceptions inhibit rooting out the problem. By and far I would believe that these types of people (male and female) are the minority in our Armed Forces. Root them out with out all the fanfare.
No excuse for rape of another. I catch myself thinking that gal dressing like that is inviting trouble. Still I realize their is no excuse for her being raped by someone. I feel alot of these ladies reporting rape. Are faced with investigators looking for a reason where she's at fault on being raped. The thought process of that male investigator can come in all directions. In the military, I'm sure it's worst. I can't even imagine what some of these females go through on reporting a rape. I'm sure it's like being raped again.
It's the military. @!$%# happens! If this the worst that happens, then there is no problem.
When you're in the military you're not a man or a woman. Your a soldier, a disposable fighting machine. Your safety is not number 1 factor. Number 1 factor is winning the war! If you have to get raped to get that done, that is what you do!
It's that or you better go somewhere else.
If you really believe that, you're on the wrong side. I'm sure the Taliban would welcome you. Buy and air mattress and go join your brothers in their caves.
Not in any way condoning this behavior of rape, however there is some truth in Joe comments, Your safety (man or woman) is not priority. Thats why men had to fight to get benifits because of agent orange,& men & women will be fighting for health benefits that they may or may not get because of some aliment in current military. Their have been many cases of contaminated water in Iran & one on base in N.C.
Sounds like you're volunteering, Joe!
Maybe some of our military guys have been in Afghanistan for too long. Punishing the victim for being raped sounds like something the Taliban would do. What's next, stoning?
Estimates of sexual assault in the general population of the US put the rate at around 5% of just women a year. 19,000 a year / 2.9 million service members puts the military rate at .6%. Ten times less than that of the civilian pop. That said the epidemic is the way abusers use their power of command to suppress the victim.
*Sigh* Another sexual assault... Well, we already given them so much power over our country and of course, population. We hadn't thought about "sexual assault" because they'd doing good job on defending our country and yet, they're the ones causes our country to be victim.
As sad as it sounds, (and I have a daughter in the military) women's roles must be limited.
Men and women are two very disticnct animals.
In some scenarios the two should never be mixed.
I am a 33 year vet, and I have rarely seen such activity.
Sometimes you would hear of a commander who played around with a secretary.
In a testosterone combat field this I suppose might multiply.
BUT I have seen aggressive women in the military as well as aggressive gays.
This is not to be tolerated.
My suggestion is to keep women away from combat.
I know I will catch flack, but this is my educated opinion.
Viewer_Ready, I think you've hit the nail on the head. There is a simple, and sensible answer to this problem, and that is to remove women from the military entirely. Making this into some misguided "civil" rights issue is not going to really solve the problem, nor it is likely to improve the military, considering the military is not a civilian venue. Men and women are not the same in terms of combat ability, or in terms of their sexuality. It is a situational issue; you change the situation by removing the temptation.
Controverter, while your name is clever, your comments are disturbing. Rape is not synonomous with sex. These men are not raping women because they want sex. Sex is mutually fun. The purpose of rape is to harm someone intentionally. "Removing the temptation" is precisely the same argument used to enforce long sleeves, long tunics, and hair covers in the middle east and central Asia. The idea that women are sexually tempting and some men are not strong-willed enough to resist no longer flies in the U.S. Get the rapists and harrassers out of the military. The Israelis do fine with an integrated military. Also, your argument does not explain the behavior of the military women who sexually harrass other women.
It's about bloody time this is being addressed. When you've been raped by someone you report to, what do you do? Hopefully these changes will have the desired effect of stopping this abuse.
Um...here's the reality for you, they won't. That's becuase it has to do with biological difference, and cannot be effectively stopped, given the circumstances. This is another reason why women should not be in the military. They make crappy soldiers, and then they are also at risk for victimization.
Well, I guess women need to be removed from our society in general then, because the biological difference exists in civilian life also?
I remember going off base with a couple of my buddies to a local drive in restaurant at one base. The kind where you park your car, speak into a box, and a girl on roller skates brings out your food.
Well, we ordered, and after about 20 minutes, when our food didn't arrive, we asked if it was ready. They told us it was, but that they wouldn't bring the food out to us. One of the guys went in to get it, brought it out, and said that they had told him too many of their girls had been dragged into the car by military personnel.
I've been into places that don't allow military personnel in, to include a Pizza Hut, for the same reason.
So, sexual assaults by military personnel also take place against non-military personnel.
How many of these rapists identify themselves as "christian?"
To Joe-1059546, it's OK unless it happens to you. What an attitude.
More liberal policies creating more problems. Will they ever learn?
The clear and most vital answer is to recognize that men and women are not the same in terms of combat ability, or in terms of their sexuality. The best answer to this problem is to disallow women from being in the military all together. It is not a civil rights issue, becuase it is not a civillian arena. Involving external oversight and privatizing legal action is preposterous and laughable.
The military men and women are trained to protect our nation and to defend the others, but they cannot protect themselves in their own base.
The training manual may need to include how to protect themselves and to watch over others' shoulders, regardless of their genders to which human beings have only two.
Train them well, including to protecting themselves.
white cracker men are disgusting pigs
We can all thank the 60's when women burned their bra's and screamed for equal rights. Fed picked up on it as broadening the tax base. Latchkey kids left home alone and the list goes on. Working in a mans world is tough enough. Throw some hot babes in the mix and . Well, @!$%# happens.
I truly believe after serving 2 tours myself, that if soldiers were allow to have pornagraphy in middle east war zones it would help as a release, and sexual frustrations would not build up, and spill out as rape and other crimes.
I agree that it is a problem, but there were several things in the article that I didn't like. First was the comment about when you go out take a buddy. That standard military precaution, even when you are going out by your base in the states they say that, including the males. Second is they first want to take chain of command out of the investigation and even turn it over to civilians then turn around and bash them for putting a civilian in charge of their sexual assault department. Also military is not civilian. If they are truly concerned they should put a military unit together who specializes. Finally a good portion are not keeping this secret. I was FAPed to the legal center, and commanders did turn in sexual assault personal and right now everyone is making big rocks into little rocks.
Since there seems to be an atmosphere of see no evil, hear no evil in regards to sexual harrassment - then I suppose it would also go unreported if a female officer for example squeezed a would-be rapists ba33s and picked up the nearest available item to slam over his head. Just sayin'.........