Rape on duty: Senate panel members suggest overhaul of military justice system

BriGette McCoy joins MSNBC's Richard Lui to talk about her testimony on sexual assault in the military and her concern over the lack of changes.

The investigation of accused military rapists should be removed from the chain of command and handed to trained prosecutors, perhaps installing an era of civilian oversight within the armed forces justice system, according to senators who Wednesday heard testimony from three ex-service members who were sexually assaulted while on duty. 


The push for an overhaul in how the military handles reported rapes in its ranks was repeatedly underscored during the hearing by references to the recent decision by a top Air Force general to overturn a military jury’s verdict against a fellow pilot convicted of raping a woman who had been assigned to a hospital at Aviano Air Base in Italy.

The Aviano ruling — which set aside a one-year brig sentence for the convicted rapist — is “yet another example of an abuse of authority taken by a commander that will have a chilling effect on military judges, prosecutors, and juries and inhibit victims from coming forward,” testified Brian Lewis, a former Navy petty officer, who was raped in 2000 by a senior non-commissioned officer service. Lewis became the first male rape survivor ever to testify before Congress about such an assault. The hearing also marked the first Senate attention to military sexual assault in nearly 10 years.

“The epidemic has not been successfully been addressed in decades of review and reform by the Department of Defense or by Congress … (There is) inherent bias and conflict of interest present in a broken military justice system,” Lewis testified. “The reporting, investigation, prosecution and adjudication of sexual assault must be taken out of the chain of command and (placed) into an independent office with professional, military and civilian oversight. (The current system) … is another way that the Department of Defense fails us.”


Another veteran, former Army Sgt. Rebekah Havrilla, told the panel — part of the U.S. Senate Committee on Armed Services — that she was raped in 2007, a week before she was scheduled to leave Afghanistan for the United States. When she confided the attack to an Army chaplain, he told her the rape “was God’s will and that God was trying to get my attention so that I would go back to church,” she testified, adding that her rapist later posted on the Internet images of her sexual assault.

Havrilla testified that she initially decided to not report the rape because she feared retaliation from the male members her her bomb-disposal unit. After she did report the rape to her commanders, the alleged offender was not punished, she further testified.

Sen. Jeanne Shaheen, D-N.H., shares her thoughts on the staggering number of military sexual assaults and what Congress can do to stop them.

“Commanders were never held accountable for choosing to do nothing. 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 testified.

At least four senators on the Senate subcommittee said they favored the notion of adding independent prosecutors to the portion of the military-justice system that deals with sex assaults - or agreed that some version of fundamental reform is needed in how the armed forces handle rape reports. 

“I do not believe that the current system adequately meets our standard,” said the subcommittee’s chairwoman, Sen. Kirsten Gillibrand, D-N.Y. “A system where less than one than one out of 10 reported perpetrators are taken to trial for their alleged crimes is not a system that is working. And that is just the reported crimes. The defense department itself puts the real number closer to 19,000 (rapes and unwanted sexual contacts per year, which means only) one out of 100 alleged perpetrators are faced with any accountability at all.

“We need to take a close look at the military justice system and we need to be asking the hard questions with all options on the table, including moving this issue outside of the chain of command so that we can get closer to a zero tolerance policy.” She added that the Aviano reversal, made by Air Force Lt. Gen. Craig Franklin, was “shocking, and should compel all of us to take the necessary action to ensure that justice is swift and certain, not rare and fleeting.”

Equally disturbing, Sen. Richard Blumenthal, D-Conn., argued that military rapes and how such cases are treated within the ranks are so destructive, they could potentially harm the future retention and recruitment of forces, particularly of women. 

"This issue really demands immediate action and not just tinkering around the edges," Blumenthal said. "The problem is the equivalent of having an IED in every unit."

Leaders from all five branches also testified about the litany of policy and cultural changes being installed to prevent and prosecute sex assaults, and to encourage more victims to report. They argued, however, that the power to investigate and ultimately punish suspected sexual offenders must remain within the confines of each branch. 

"For so long as we hold our commanders accountable for everything that a command does or fails to do then they must have these types of authorities," Marine Corps Maj. General Vaughn A. Ary. "They are responsible for setting command climate. They are are responsible for the culture. And it is their leadership that we have to hold accountable. They need to be able to preserve the good order and discipline to accomplish their missions."

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It definitely is time for the military justice system to be reformed, on this issue and lots of others.

  • 6 votes
Reply#1 - Wed Mar 13, 2013 4:19 PM EDT

This is almost too funny...a senator complaining about military justice while the senator and her partners in congress write bills into law that they leave themselves out of..excempt from. Isn't that interesting justice for us all ?

  • 2 votes
#1.1 - Wed Mar 13, 2013 6:57 PM EDT

Our military is not unlike the military that controls Korea....they make their own rules and line their own pockets.....

  • 3 votes
#1.2 - Wed Mar 13, 2013 7:12 PM EDT

Hello folks,

“The epidemic has not been successfully been addressed in decades of review"

Wow, and now they want to stick women in the front line fox holes, that should help the rape statistics, not!

  • 2 votes
#1.3 - Wed Mar 13, 2013 10:59 PM EDT

TrustVerify I'm sure our Girls who go to the front lines know the risk but they should not be getting raped by teir own side. Idoit!

    #1.4 - Thu Mar 14, 2013 7:23 PM EDT

    I condemn the behavior of soldiers who rape their own comrades. However, those soldiers are like sailors in high sea without a woman , they don't control their instinct because, the war also desensitize. In part is the fault of feminist pushing for laws that allowed woman in combat, which I disagreed.Woman should not go to the front line with man. Woman are not equal than man , they don't have testosterone , hormone that the nature provide to the males to enhance their strength .

    In a man, testosterone plays a key role in the development of male reproductive tissues such as the testis and prostate as well as promoting secondary sexual characteristics such as increased muscle, bone mass, and the growth of body hair

      #1.5 - Fri Mar 15, 2013 2:57 PM EDT

      redvirginia

      "In part is the fault of feminist pushing for laws that allowed woman in combat, which I disagreed.Woman should not go to the front line with man."

      I guess you missed the part of the article that mentioned that many of these rapes are perpetrated by men ON OTHER MEN. Are these caused by the presence of female soldiers?

        #1.6 - Sat Mar 16, 2013 12:38 PM EDT
        Reply

        It sure is anti-trust. The fact that women get raped in our military and the rapists walk away from it unpunished is one of the most egregious tragedies in our nation.

        For those of you who think that women should be excluded from the military because the men just can't control themselves, quit apologizing for rapists and start throwing them in the stockade where they can practice their rapist skills on each other.

        • 14 votes
        Reply#2 - Wed Mar 13, 2013 4:24 PM EDT

        Rape is rape. It is WRONG!

        • 5 votes
        #2.1 - Wed Mar 13, 2013 5:09 PM EDT

        "Rape" is NOT rape...

        In this country you are innocent until proven guilty... not the other way around.

        In MOST cases of rape in the Militray, there is little proof and the burden of proof is on the accused...

        • 1 vote
        #2.2 - Wed Mar 13, 2013 6:55 PM EDT

        Repa is NOT rape? Are you nuts?

        Poor boys, accused unfairly by some bitter woman.

        • 3 votes
        #2.3 - Wed Mar 13, 2013 7:22 PM EDT

        Sadden American 2012

        "Rape" is NOT rape...

        In this country you are innocent until proven guilty... not the other way around.

        In MOST cases of rape in the Militray, there is little proof and the burden of proof is on the accused...

        "Only 240 cases of sexual assault in the military were prosecuted in 2011, out of more than 3,000 reported cases. The Department of Defense estimates that the number of actual sexual assaults in the military each year is closer to 19,000, although many service members never come forward out of fear of retaliation." - U.S. Secretary of Defense Leon Panetta

        Would you like to revise your statement a little or are you standing by it?

        • 9 votes
        #2.4 - Wed Mar 13, 2013 7:37 PM EDT

        sadden is a sodden SOB - but that's fine

        • 3 votes
        #2.5 - Wed Mar 13, 2013 10:28 PM EDT

        THANK YOU, BIG BAD BOB......You said it.

        • 4 votes
        #2.6 - Thu Mar 14, 2013 12:44 AM EDT
        Reply

        I'm not usually in favor of changing the Uniform Code of Military Justice, as I understand it can be pretty stringent as is, but something has to be done.

        And being told your assault was 'God's will and you should go back to church"? Why would anyone go back to an organization that would say something like that to a rape victim? What a load of crap.

        • 7 votes
        Reply#3 - Wed Mar 13, 2013 4:27 PM EDT
        Comment author avatarSadden American 2012Expand Comment Comment collapsed by the community

        Once again... taking the word of a woman over the truth... do you actually think a Chaplin in the US Military would actually say that????

        JUST becuse she said it doesn't mean it's true...

        • 2 votes
        #3.1 - Wed Mar 13, 2013 7:00 PM EDT

        Once again? I don't automatically take anyone's word. One could say you consider anything a woman says as untrue simply because she's a woman. But that wouldn't be accurate at all, right?

        Taking these matters out of the hands of the chain of command may also help a man accused of these crimes, did you think about that? That in a public court the pilot may never have seen the inside of the brig because the 'evidence' was circumstancial.

        Do not put words in my mouth. My comment about the chaplain was just an aside and not a testament to the truth of her statement. I merely think that a commanding officer should not be able to vacate any disciplinary action without some kind of due course through a judiciary panel.
        My goodness but your panties are all in a bunch.

        • 3 votes
        #3.2 - Wed Mar 13, 2013 7:15 PM EDT

        Some tweaks perhaps, but the main problem isn't the laws its the application of the laws and the good ol' boy's club.

        Article 120:

        MAXIMUM PUNISHMENTS

        Rape and Rape of a Child: Dishonorable Discharge, death or confinement for Life, and forfeiture of all pay and allowances.

        It's not that the law is too lenient, it's not aggressively prosecuted...good ol' boy's club.

        • 5 votes
        #3.3 - Wed Mar 13, 2013 7:46 PM EDT

        Sadden American 2012....you got your name wrong...you are one SAD (excuse for) an American

        • 7 votes
        #3.4 - Wed Mar 13, 2013 8:22 PM EDT

        sadden is a sodden SOB - If the foo sh its, wear it...

        • 5 votes
        #3.5 - Wed Mar 13, 2013 10:29 PM EDT

        Sadist American,

        I suppose you and the preacher man would agree that had the rape complaint been impregnated, it would be an "Act of God". Or do you think it that "legimate rape" shuts down pregnancy? Oh, maybe she was asking for it, her cammo gear was so sexy slutty, and pregnancy is her punishment. Oh, wait that other guy said ALL pregnancies are "God's Gift?"

        Of course, once the by-product of the alleged, phony, the bitch had it coming rape is born, you and your Bible thumping pals would label the tiny mite a "bastard."

        What's not to love about you "compassionate conservatives?"

        • 5 votes
        #3.6 - Thu Mar 14, 2013 4:44 AM EDT

        I served in the Army during the Gulf War. When my unit was preparing to deploy I started to get phone calls late at night. The guy would quote my address, (I lived off post) and name then tell me he was going to rape me and stab me to death. My unit's answer to this was that I had to answer my phone because if I missed the call for deployment I would be considered AWOL. The guy was eventually caught. Nothing happened to him, in fact they sent him off to school so he could get his next rank. My life on the other hand became a living nightmere. It probably would of been better to say nothing at all and buy a gun to protect myself.

        • 4 votes
        #3.7 - Thu Mar 14, 2013 10:16 AM EDT

        Something similar happened to me, as well - just before I deployed for Desert Storm.

        MY ANSWER to the stalker - because that is what he was - was to get an answering machine - and NEVER EVER answer the phone. No One HAS to answer the phone. EVER. You "miss" nothing. DENY them the satisfaction of causing you anxiety.

        WHO CARES what your "boss" - or anyone else - SAYS you "must" do - when it comes to your PERSONAL LIFE - and safety. YOU DECIDE. You obviously asked the wrong person.

        That military male idiot gave you the entirely WRONG answer.....you would never "miss" any deployment call. Ridiculous. That "answer" was INTENDED to scare you even more - and just plain stupid - and off-topic.

        What you actually discovered was that he didn't really "care" about YOU. For HIM, it was all about HIS deployment. Again, you reported this to the wrong person. Welcome to the world - the way it really is - and to one big, bad, cruel human reality. Many supervisors abuse their petty authority. You need to stand up - and decide things - for yourself.

        You should have been told to document everything - and every single communication received. The police should have also been notified. A written report should have been filed - BY YOU - timely and immediately. All of your FRIENDS AND FAMILY should have been notified. You indicate YOU KNEW who the stalker really was - so did I. I took this matter into my own hands. Being pro-active and fighting back against these cowards is the antidote to stalkers - and rapists. Catch them at their own "game."

        Every woman should stand up and catch these cowards with as much proof as possible they've accumulated. THEN FILE ALL YOUR PAPERWORK - so it cannot EVER be "ignored" - and accuse them with ALL documentation. In these cases it's really a case of "publish or perish" - never allow people to tell you "it didn't happen." You can also document the outcome.

        The end is in sight for these human scumbag bullies - who just seem to NEED so much unusual "attention" - from those perceived as "weaker" than themselves. We are not as "weak" at all as we may seem.....

        • 1 vote
        #3.8 - Sat Mar 16, 2013 10:47 PM EDT
        Reply

        Women can't be given a fair shake in their chosen careers if the deck is stack against them from the start. Indeed a change is required. This can't be allowed to continue as it is today.

        • 7 votes
        Reply#4 - Wed Mar 13, 2013 4:58 PM EDT

        USAF RET......again - you SAID IT.

        And WE will be the generation that stops this disgusting practice in our nation.

          #4.1 - Sat Mar 16, 2013 10:55 PM EDT
          Reply

          If the military insists that prosecution remain within their branch, then every officer is also responsible, and should be up on charges. Enough of the old boy system where they blame the victim. I do not want my tax dollars going to perpetuate a system of rape and violence. Our troops have enough to deal with, without being assaulted by their fellow troops.

          • 6 votes
          Reply#5 - Wed Mar 13, 2013 5:42 PM EDT

          Help us out, Steve.....and all of you others who DO care.

          Get online and write letters - LOTS OF THEM - to your legislators.

          And I mean EVERY SINGLE ONE OF THEM - MULTIPLE TIMES......especially to the Secretaries of Defense - and congressional reps. We cannot "wait" for old generals and admirals to die off - or retire - before this command "authority" is REMOVED.

            #5.1 - Sat Mar 16, 2013 11:03 PM EDT
            Reply

            Stop asking for common sense. How ridiculous can people be, jeeeeeeez.

              Reply#6 - Wed Mar 13, 2013 5:43 PM EDT
              Comment author avatarWilliam J Grangervia Facebook

              I think everyone who has read this would agree - this is not your typical rape case. Something doesn't add up here and maybe that's why the conviction was overturned.

              • 2 votes
              Reply#7 - Wed Mar 13, 2013 6:12 PM EDT

              William J Granger

              I see. The General had additional insight not available to the jury that was actually in the court room. Would you like to try that one again? How about the General didn't want to send a fellow senior flight officer to prison for something as trivial as rape?

              • 4 votes
              #7.1 - Wed Mar 13, 2013 7:51 PM EDT

              ol-doc, #7.1,

              So, no more appeals courts or supreme court as they were not...actually in the court room.

              • 1 vote
              #7.2 - Thu Mar 14, 2013 8:41 AM EDT

              myownthoughts56

              ol-doc, #7.1,

              So, no more appeals courts or supreme court as they were not...actually in the court room.

              An Appeals COURT or the Supreme COURT...absolutely. A commander's decision to overrule a court of law with no explanation and no recourse? Abso-by-GOD-lutely NOT!

              • 1 vote
              #7.3 - Thu Mar 14, 2013 1:24 PM EDT

              ol-doc,#7.3,

              As I understand the military, the court martial is convened under the Commander's authority. So the commander IS the first appeal in the process.

              • 2 votes
              #7.4 - Fri Mar 15, 2013 5:36 PM EDT

              William J-ackass Granger.....

              It "adds up" to plenty - plenty guilty - as ALREADY DETERMINED BY A JURY - you idiot.

              This senior official abused his false "authority."

              This is the same abuse of power - read: cave-man-like brutishness - and ridiculous sense of MALE entitlement - that apparently motivated the ORIGINAL PEVERTED CRIME - by the pilot. Some folks still need to LEARN there are BOUNDARIES - AND PHYSICAL BOUNDARIES TO BE RESPECTED.

              Both men deserve indefinite imprisonment - until the false "authority" that allowed them to get away with BOTH of these BEHAVIORS - is permanently removed from their "authority" - and taken away from them. We are working to see that legal change really happens - and will not stop until we have succeeded.

              • 1 vote
              #7.5 - Sat Mar 16, 2013 8:52 AM EDT

              myownthoughts56

              ol-doc,#7.3,

              As I understand the military, the court martial is convened under the Commander's authority. So the commander IS the first appeal in the process.

              All Courts Martial should IMHO be under the authority of the Provost Marshall's office. The entire process should be overseen by the Judge Advocate General or Inspector General's office...NOT the Commander.

                #7.6 - Thu Mar 21, 2013 4:04 PM EDT
                Reply

                First off... if you've never served in the Military, then why are you commenting? You've no idea what goes on in a Military unit. Stop acting like you do.

                Second.. "It sure is anti-trust. The fact that women get raped in our military and the rapists walk away from it unpunished is one of the most egregious tragedies in our nation..."

                In EVERY instance of alleged rape, it is NOT the Commanding Officer of that unit that investigates. It's the Criminal division of that post. IF the Commanding General sets aside a verdict, then it's for good cause. Women in the Military are NOT treated equally, they're treated BETTER. In the Military, a male serviceman is guilty until proven innocent. To many times I've seen Soldiers accused of rape without proof, except for that of an angry girlfriend or jilted lover's say so... the Military is so afraid of rape accusations, NCO's and Officers are warned to never be in the same room alone with the opposite sex.

                So... unless you have special insight into this issue, or you're on the defense or prosecution, just STFU...

                • 3 votes
                Reply#8 - Wed Mar 13, 2013 6:16 PM EDT

                Our family is 4th generation serving in time of war, 3rd generation professional military.

                So on behalf of my family in response to your comment: heifer dust....

                Just because the CG sets aside a verdict doesn't mean that verdict was wrong. It was NOT for good cause.

                The officer should not only have been stripped of his rank and his commission, he should be in Ft. Leavenworth.

                • 6 votes
                #8.1 - Wed Mar 13, 2013 6:54 PM EDT

                sadden is one sodden SOB - bulls hit is bulls hit

                • 3 votes
                #8.2 - Wed Mar 13, 2013 10:36 PM EDT

                Here here Abby! And excuse me Sadden but nobody has restricted these commentators to "military only"! Who said you were in charge here???

                As a matter of fact, you sound as if you may be a rapist yourself. Everything you say and the way you say it is right up there within the psych parameters of a rapist that would prey on someone half their size and do so behind a protective good ole boy network of backslapping arsewipes.

                You are a disgrace to our fine armed service people that serve honorably without having to rape their fellow soldiers because they cannot get a date on their own.

                If I could I would seek you out and have a little face to face with you myself.... just to see how you would act without a keyboard or some military brass to protect you.

                Now shut up and go back to your porn collection and Vaseline while you still have something to diddle you weak piece of pond scum! How dare you.

                • 2 votes
                #8.3 - Thu Mar 14, 2013 2:11 AM EDT

                All I can muster up after reading your ridiculous rant is..well.. You have got to be one of the most ignorant posters I have ever seen.

                  #8.4 - Thu Mar 14, 2013 11:05 AM EDT

                  Saddened American....

                  Sure, there MAY be a few false accusations - but these are rare. Who brings a WITNESS - to a rape? If two people are JUST ANGRY at each other - let commanders SEPARATE THEM. THAT is just plain common sense. And - always possible. If more evidence is uncovered later - then proceed with prosecution.

                  The point is - these investigations MUST BE UNBIASED. No commanders making "truth" decisions - whatsoever.

                  It's GREAT that NCO's and officers are now AFRAID to "be alone" with a female - any female-in-the-military member. That means they must develop strictly professional relationships - no flirting, no casual sex, no innuendo, no filthy language - just good, working, professional relationships. We LOVE that......we don't want to "be alone" with them, either. MOST of the time - there is no need - we all usually work with TEAMS.

                  Your statement "... IF the Commanding General sets aside a verdict, then it's for good cause...." is one of the most naive, ridiculous, armchair quarterback, STUPID ACQUIESCENCE TO some "entitled authority" - SOMEONE YOU THINK IS SOMEHOW ENTITLED TO DECIDE WHAT IS TRUE - and WHAT IS NOT. We all know they cannot possibly "know" what really happened - the fact is most "truth" is on tape - and recorded. Everyone's "truth" though - must be thoroughly documented.

                    #8.5 - Sat Mar 16, 2013 11:45 PM EDT
                    Reply

                    And, abby, you just think some GENERAL will just put aside a verdict just because he's bored?? To do that, you need to have GREAT cause... you'll come under scrutiny from Military and civilian groups.

                    Sorry, but you're just one of the uninformed...

                    So, on behalf of those that defend our Country... please stop posting drivel...

                    • 3 votes
                    Reply#9 - Wed Mar 13, 2013 6:58 PM EDT
                    Comment author avatarGregory Penningtonvia Facebook

                    Saddened you seem to be the one that is uninformed. More times then not this sort of thing never gets reported outside the military. The General has a free reign in most instances like this.

                    People need to stop the hero worship garbage. Just because someone serves that doesn't make them a hero. There are just as many bad people in the military as there are in civilian life.

                    • 4 votes
                    #9.1 - Wed Mar 13, 2013 7:54 PM EDT

                    Sadden American 2012

                    ...you just think some GENERAL will just put aside a verdict just because he's bored?? To do that, you need to have GREAT cause... you'll come under scrutiny from Military and civilian groups.

                    1. I think a some generals are so egocentric they believe "they are the law" and would set aside a verdict if they felt it were in their own good (or their command's reputation).

                    2. No one can question his decision...that's one of the main points of the story...no appeal.

                    Sorry, but you're just one of the uninformed...

                    I spent 20 + years in the military, a number of years at a Corp level headquarters, does that make me informed?

                    So, on behalf of those that defend our Country... please stop posting drivel...

                    Don't speak on my behalf. It isn't drivel...its the good ol' boys club.

                    • 7 votes
                    #9.2 - Wed Mar 13, 2013 7:58 PM EDT

                    Sadden American 2012

                    ...you just think some GENERAL will just put aside a verdict just because he's bored?? To do that, you need to have GREAT cause... you'll come under scrutiny from Military and civilian groups.

                    1. I think a some generals are so egocentric they believe "they are the law" and would set aside a verdict if they felt it were in their own good (or their command's reputation).

                    2. No one can question his decision...that's one of the main points of the story...no appeal.

                    Sorry, but you're just one of the uninformed...

                    I spent 20 + years in the military, a number of years at a Corp level headquarters, does that make me informed?

                    So, on behalf of those that defend our Country... please stop posting drivel...

                    Don't speak on my behalf. It isn't drivel...its the good ol' boys club.

                    • 1 vote
                    #9.3 - Wed Mar 13, 2013 7:58 PM EDT

                    sadden is a sodden drivel posting SOB - but convinced that generals make court martial decisions based on their fact analysis

                    • 1 vote
                    #9.4 - Wed Mar 13, 2013 10:38 PM EDT

                    sadden

                    Since when do you have a monopoly on posting drivel? Because that's all you seem to post.

                    • 1 vote
                    #9.5 - Thu Mar 14, 2013 6:14 AM EDT
                    Reply

                    Having prosecuted a number of rapes in the military and thrown out a far larger number of complaints for lack of evidence and sheer credibility of the accuser, I can say the military system works better than the civilian. sure there will always be problems but it's usually because the woman (who is trained in hand to hand combat and is a "WARRIOR" like the men - or so they claim) fails to promptly report the so called rape to anyone, even a roommate; doesn't go to the hospital, etc. It then becomes a he said/she said and that ain't enough in our legal system - especially when in so many rapes it's an open question of whether there was consent/intent. We have plenty of cases where the sobbing victim fantasizes that she can finally have the man of her dreams, then accuses him of rape, and the female prosecutor buys it - they ain't too bright when it comes to conducting a detailed investigation of a woman's complaint.

                      Reply#10 - Wed Mar 13, 2013 7:22 PM EDT
                      Comment author avatarGregory Penningtonvia Facebook

                      OH BS the military looks the other way with a boys will be boys attitude. I served and I know exactly how it is and you are crazy if you think the military does a better job on rape then their civilian counterparts. In 2011 there was an estimated 19000 sexual assaults and yet only 389 charged. Do you still want to claim the military does a better job? The problem is the victim has to follow the chain of command. Can you imagine what that would be like if you had to report an assault to your boss and the accused is one of his buddies? Or the fact the assault happened would look poorly on your boss, because it happened under his command? It opens the whole thing up to bias and agendas. Your whole post sounds like a biased male attitude towards rape victims and in favor of the attackers.

                      • 1 vote
                      #10.1 - Wed Mar 13, 2013 7:46 PM EDT

                      YOU prosecuted WHAT atelier ?? Your attitude is all over your narrative. You say the women don't report, then you talk total b.s. about the woman fantacising about her dream man. You are a thought disordered piece of crap, and you are part of the problem...and dont' tell me about leadership, I spent 8 years in the Marines and I know a malfunctioning punk when I hear one!! You sound more like a prison guard with a limited understanding of the human race. You must be a section 8 nut. The military is a male organization made up of low brows like yourself. They have no clue about justice or how to correct their own multiple mistakes.

                      • 1 vote
                      #10.2 - Thu Mar 14, 2013 2:46 AM EDT

                      He was probably on the group W bench. You know, with the father rapers.

                        #10.3 - Thu Mar 14, 2013 6:21 AM EDT

                        All women who ARE military members - MUST BE ADVISED - to GO TO THE NEAREST HOSPITAL IMMEDIATELY AFTER ANY RAPE.

                        The MILITARY simply put - doesn't DO this. Now - it's time.

                          #10.4 - Sun Mar 17, 2013 12:09 AM EDT

                          Atelier.......

                          Pray tell: Who brings a witness - to a one-on-one rape? OR, for that matter - their sexual harassment - it's rarely public........try to THINK.

                          This kind of BEHAVIOR must stop. Why don't you COUNSEL ALL SOLDIERS to get their "sexual needs" met - with those OUTSIDE their OWN units? There is no "abuse of power" in OUTSIDE relationships - they are acknowledged to be, presumably, consenual. In those that are not - there are CIVILIAN authorities - who will investigate these issues - and ACT ACCORDINGLY.

                          You - and your kind - are only PART of the problem........"man of their dreams" - you must be kidding. How very arrogant.

                          Why don't the services ACT - and ACT PROACTIVELY - to protect ALL THEIR MEMBERS - from these kinds of so-called false ACCUSATIONS? Sexual harassment is bad enough - and career ending - especially when a WOMAN DARES object to it.

                            #10.5 - Sun Mar 17, 2013 12:35 AM EDT
                            Reply

                            Ah.. approaching a Woman in the military with amorous intentions is not sexual assault but more like .. what's the word i'm looking for ??

                              Reply#11 - Wed Mar 13, 2013 7:24 PM EDT

                              Warren.......these days it's called sexual harassment.

                              It needs to stop.

                              Go fish in a DIFFERENT POND - NOTyour WORK.

                                #11.1 - Sun Mar 17, 2013 12:38 AM EDT
                                Reply

                                This is not new, our military do this kind of thing often and without consequences, not only within the ranks but also in foreign countries to the civilian population. The most egregious was the one in Japan, where three "brave" marines raped and killed a 14 year old, and many other instances of US troops committing all kinds of abuses in foreign lands. Just google for information before defending these unfit macho men as so many in this blog seem to be doing.

                                • 2 votes
                                Reply#12 - Wed Mar 13, 2013 7:26 PM EDT

                                Rasputin-2589057

                                THAK YOU FOR THE HEADS UP.. HAD NO IDEA THIS HAS BEEN HAPPENING

                                  #12.1 - Wed Mar 13, 2013 7:39 PM EDT
                                  Reply

                                  Atelier....It strongly appears that you are quite biased against female rape victims. Perhaps because you are more than likely a male. This too is part of the problem with the US military's justice system. Rape in the US military is FAR from anything new. Before some of the male soldiers were raping fellow female soldiers, they would rape weaker male soldiers. When the worst of them were not satisfied with that, they used the pathetic excuse of "war" to rape the women and children of the countries they were fighting in. It STILL happens today, yet not as frequently. For though it is true that there are women out there who falsely accuse men of rape, t is the V A S T majority of women who are NOT false accusers and are actual victims/survivors of the heinous crime. It's repugnant that the US military looks at the crime of rape as a "boys will be boys" type of mentality/morality. EVERY woman who has been raped in the US military at ANY TIME EVER should come forward NOW and speak out so that the true HORROR of the crime and its enormity in the US military can be seen....That goes for any MEN that have been raped also.

                                  • 1 vote
                                  Reply#13 - Wed Mar 13, 2013 8:08 PM EDT

                                  The General should lose everything, his choice to take care of his buddy. I say toss him in the brig right "behind" the rapist. And let us not forget the rapists wife, toss her right into the same fray, this is appalling at best, the military are an embarrassment on more than just this level. They are entitlement babies, starting at the top of the food chain, they need to have proper oversight from a group of Civilians in a Jury situation, no more USCMJ, it's ridiculous that they be given their "own laws". When are we ever going to get back to "one country" for all.... This is rape we are talking about here, not a traffic ticket, rape. This case needs to be judged by a jury of its peers and that means any registered voter.

                                  • 5 votes
                                  Reply#14 - Wed Mar 13, 2013 9:31 PM EDT

                                  Does anybody else see this as a total disgrace to the uniform? What are these people thinking--that they're part of a giant frat party? I read a story that some of the military wives objected to groups like the Dallas Cheerleaders and others being part of the USO trips for the troops, because it might encourage this very type of behavior. Whether or not this is the case, who knows, but my question is, where are all these military wives now that this behavior has become such a public nightmare and embarrassment? I talked to somebody a while back who knew a serviceman who worked in the legal dept. of the Army and he told me they could barely keep up prosecuting all the cases of service personnel behaving badly. It should be an instant dishonorable discharge for anybody who is a part of this.

                                  • 4 votes
                                  Reply#15 - Wed Mar 13, 2013 10:40 PM EDT

                                  "Does anybody else see this as a total disgrace to the uniform?"

                                  YES....and a disgrace to the NATION. We appear to have a problem with intercourse in general......

                                  "What are these people thinking--that they're part of a giant frat party?"

                                  Could be - but this is not about partying. It's complete disregard for another's personal boundaries. In this case the member was actually SLEEPING. Then assaulted. This means there was NO CONSENT possible. I'd sure like to know what occurred with the WIFE - who seemed to be threatened by this member's presence.

                                  Preying on men and women perceived as "weak" - or somewhat "vulnerable" - appears to be a "sport" in our culture. Alcohol is often a factor. It appears to have been present - in this particular case - but is never an excuse for criminal behavior.

                                  Rape occurs in every branch of the service, and the military is a culture where brute force is valued - where the "strong" are rewarded - and protected. Investents in certain people are huge - such as pilots - who are sometimes allowed to run amok - they know they're valued. They also know they'll be protected from any "trouble" or accusations......and, for this reason, some are very, very arrogant.

                                  They feel entitled.......

                                  Rape is a crime of opportunity and isolation - this woman spent the night in his guest room - alone. Probably not the best personal judgment. Apparently, though, she HAD been invited.

                                  Adjudication procedures are corrupt.

                                  It is this "culture" that needs "medicine" - and intervention.

                                    #15.1 - Sun Mar 17, 2013 3:38 AM EDT
                                    Reply

                                    You would think the Senate could do something. They do not seem to do anything other work. This is something they could do in a bipartisan way. The Military is corrupt from within and our Congress should demand that it be fixed. The General who reversed the most recent verdict should be relieved of his command because he certainly has proven that he cannot create a safe environment for women.

                                    • 2 votes
                                    Reply#16 - Wed Mar 13, 2013 11:00 PM EDT

                                    Military Justice, it like the fox policing the hen house, they been working on this for about 10 years and here we are spinning their wheel always moving and going nowhere.

                                    • 1 vote
                                    Reply#17 - Wed Mar 13, 2013 11:17 PM EDT

                                    Good. Women don't belong in the military.. If fact neither do Men.

                                      Reply#18 - Thu Mar 14, 2013 12:30 AM EDT

                                      The military has been F@!# people, especialy its own, for nearly 300 years. It always thinks it is a world unto itself. The abuse you DON'T know about is huge, including murder; murder of its own, on the front lines and near it. My time in the military both made me a man, and made me cynical about the human race. Its a negative, lower astral plane organization of mostly hell bound Souls. Very little difference between the Military and a state Prison. Just ask the families of the Soldiers and Marines who commited suicide. The Military can't find its ass with both hands, a map and a compass. I hope these people blow up and expose the whole rotten system. Semper Fi!

                                      • 1 vote
                                      Reply#19 - Thu Mar 14, 2013 2:28 AM EDT
                                      Reply

                                      What we are dealing with the a denial of the difference between men and women. The average young soldier is at the height of his sexual desire when he is in the military and the American military has never really accepted that fact. It was a problem you could keep under control as long as men and women were kept separate. You mix the two and you are asking for trouble. We are stuck in stupid on this issue. The problem will not be resolved with all of the laws in the world and women will continue to suffer trying to be like men. I feel so sad for this country. We are such children.

                                      • 1 vote
                                      Reply#20 - Thu Mar 14, 2013 3:09 AM EDT

                                      Perhaps the men should be required to wear chastity belts...

                                      It also makes me wonder if men are really suited to govern, if they are so susceptible to lust and cannot be expected to control themselves.

                                      • 2 votes
                                      #20.1 - Thu Mar 14, 2013 7:11 AM EDT

                                      Women are susceptable to alot of things to. It is getting more common, some females will rape males. Society is getting worse all the way around.

                                      • 1 vote
                                      #20.2 - Thu Mar 14, 2013 7:56 AM EDT

                                      Aaron, Good, well raised young men will not violate any woman just because they are stimulated sexually by their presence. Give men some credit here. Normal healthy men can be strongly attracted to a woman, make a "pass" at her and if and when rejected just move on.

                                      Get one thing straight in your head if nothing else. Rape is not about sexual desire. Rape is about control and power. That is the need rape feeds for these rapists. I don't believe for one minute that men are really even attracted to the women they rape. In fact they hate them. This has been studied thoroughly. Rape is an act of violence against the victim. Man or woman. It's a venomous drive to humiliate, degrade and physically, mentally and emotional damage their victim. That's why many of these rapists kill the victim. Because the rape soon is not enough to satisfy that need.

                                      • 1 vote
                                      #20.3 - Thu Mar 14, 2013 12:38 PM EDT
                                      Reply

                                      I hate to bring race into this, but it brings up a problem. A woman is 100 times more likely to be raped by a black man than a white man. I suppose this would be true in the military as well.

                                      Just how do you think Jessy Jackson and Al Sharpton would play this in the media.

                                      • 1 vote
                                      Reply#21 - Thu Mar 14, 2013 7:49 AM EDT

                                      "Military justice" - an oxymoron if there ever was one.

                                        Reply#22 - Thu Mar 14, 2013 8:47 AM EDT

                                        What amazes me is what I learned in the military, if you are assaulted you never go to your commander, you report the crime to the Judge Advocate on base or station. That is the proper way to report any type of crime. It's useless to report it to your commander 75% of the time because they don't care or don't know what to do about situations such as that.

                                        That was told to me by the Judge Advocate General of all bases I have been stationed.

                                        • 1 vote
                                        Reply#23 - Thu Mar 14, 2013 9:51 AM EDT

                                        concerned veteran

                                        In my experience you are absolutely right. Most local Commanders don't have the slightest idea how to pursue a reported crime; no idea how to preserve the chain of evidence and no inclination to draw negative attention to themselves...doesn't look good on their OER. They will either botch the investigation by not calling the Provost Marshal in early enough or they will stall and hope it goes away.

                                          #23.1 - Thu Mar 14, 2013 1:36 PM EDT
                                          Reply

                                          I served in the US Army during the Gulf War. When my unit was preparing to deploy I started to receive calls late at night. The guy would tell me my name and address, (I lived off post). Then he would tell me that he was going to rape me and stab me to death. When I told my unit about it their response was, "You have to answer your phone because if you miss deployment you will be considered AWOL". The guy was eventually caught. He was sent off to school to get his next rank. On the other hand my life became a living nightmere.

                                          • 1 vote
                                          Reply#24 - Thu Mar 14, 2013 10:34 AM EDT

                                          From the article:

                                          "For so long as we hold our commanders accountable for everything that a command does or fails to do then they must have these types of authorities," Marine Corps Maj. General Vaughn A. Ary. "They are responsible for setting command climate. They are are responsible for the culture. And it is their leadership that we have to hold accountable. They need to be able to preserve the good order and discipline to accomplish their missions."

                                          Translation: Any and all rape and sexual assault reflects on the leadership quality and abilities of the commanders. They need to be in able and allowed to cover up all these crimes and misconduct since it looks bad on their record and can hinder hurt their chances for that next promotion they are counting on.

                                          Well, thank you for spelling it out so clearly for us all Maj. General! The military hierarchy must prevail! The grunts signed up to be a grunt and they should accept their lot in life. Don't they know they are Government Issue?? Military property. Not human. Tools. YOUR tools.

                                          God bless and protect all these brave soldiers, men and women. Especially from their commanders!!!!!

                                          • 2 votes
                                          Reply#25 - Thu Mar 14, 2013 12:21 PM EDT
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