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  • 7
    May
    2013
    4:20pm, EDT

    'Every American should be outraged:' Military sees sharp increase in sex assault cases

    Jeremiah Arbogast

    Jeremiah Arbogast, 32, a retired Lance Corporal in the Marine Corps, lives in West Virginia with his wife and 11-year-old daughter. Arbogast was sexually assaulted while serving between 1998 and 2006, and said the idea that sexual assaults may have increased dramatically in the past year "totally disgusts me."

    By Rebecca Ruiz, NBC News contributor

    Despite efforts to create a "military culture free of sexual assault," the Department of Defense announced Tuesday that the number of cases increased sharply in the last year, a trend that critics pointed to as proof that more aggressive measures are needed to end the epidemic. 

    The annual report, released by the DoD's Sexual Assault Prevention and Response Office, found that 3,374 incidents of "unwanted sexual contact" occurred within all branches of the Armed Forces in the 2012 fiscal year. That is a 6 percent increase from the previous year, when there were 3,192 reports.

    The results of an anonymous survey, however, present a much more alarming picture: 26,000 respondents said they had been sexually assaulted in the past year, compared to 19,000 respondents in last year's survey. 

    Rep. Niki Tsongas, D-Mass., was briefed by Pentagon officials on the report earlier today and told NBC News that the increase appears to represent an actual rise in the number of assaults rather than a growing willingness to report cases anonymously. 

    The figures were released a day after the announcement that Air Force Lt. Col. Jeff Krusinski had been removed from his position as branch chief for the Sexual Assault Prevention and Response Office after being charged with sexual battery. A drunken Krusinski allegedly approached the woman in a parking lot in Arlington, Va., and grabbed her breasts and buttocks, according to a police report.

    Tsongas said she was "astonished and outraged" upon hearing of Krusinski's arrest. 

    The report released Tuesday, Tsongas said, indicated that though "we've put many more tools in the toolbox ... it's clear to me there's much more work to be done" in changing the military's culture with regard to sexual assault. 


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    "Every American should be outraged by the disturbing numbers from this year's Defense Department sexual assault report," Anu Bhagwati, executive director of the Washington, D.C., advocacy organization Service Women's Action Network, said in a statement to NBC News.

    Secretary of Defense Chuck Hagel condemned the trend in the report, calling sexual assault a "crime that is incompatible with military service." 

    'They're just not getting it'
    President Barack Obama, who spoke with Hagel on Tuesday, said he has "no tolerance" for sexual assault in the military.

    "I expect consequences," Obama added. "So I don’t just want more speeches or awareness programs or training, but ultimately folks look the other way. If we find out somebody’s engaging in this, they’ve got to be held accountable — prosecuted, stripped of their positions, court martialed, fired, dishonorably discharged. Period."

    Jeremiah Arbogast, 32, a retired Lance Corporal in the Marine Corps who was sexually assaulted while serving between 1998 and 2006, was ecstatic that the president spoke so forcefully. 

    The idea that sexual assaults may have increased dramatically in the past year "totally disgusts me," he said. “I think it’s very appalling that they’re just not getting it.” 

    Jeremiah Arbogast

    "I love the Marine Corps and military with all my heart, but I want to rid the military of these sick individuals," Jeremiah Arbogast told NBC News.

    Arbogast, who has advocated for legislation that would change the way the military handles sexual assaults, was drugged and attacked by a staff sergeant in 2000. He experienced post-traumatic stress after the assault, and in 2009, attempted suicide with a firearm. The gunshot wound left him a paraplegic. 

    “I was going to make a career out of the Marine Corps and I didn’t think this was going to happen to me,” said Arbogast. “I love the Marine Corps and military with all my heart, but I want to rid the military of these sick individuals.” 

    Arbogast believes that training materials like books, brochures and videos won’t fix a problem that is deeply rooted in both unjust policies and a dysfunctional culture. 

    For example, commanders must be stripped of their ability to reverse a guilty verdict in a sexual assault case, he said. The Air Force was again the subject of controversy recently when Lt. Gen. Craig Franklin overturned the conviction of an F-16 pilot, Lt. Col. James Wilkerson, after he’d been found guilty of aggravated sexual assault of a civilian contractor. 

    “As a survivor, it makes you feel that regardless of what happens to you, that there is no justice, that your voice is never heard,” Arbogast said of overturned convictions. 

    'Chilling effect'
    Rep. Tsongas, who also supports a revision of the rule known as Article 60, said that Secretary Hagel has shown a willingness to modify it, and that she is looking at ways to put such changes into law. 

    There are a number of legislative proposals to address perceived problems with how the military investigates and prosecutes sexual assault cases. On Tuesday, Sens. Patty Murray (D-Wash.) and Kelly Ayotte (R-N.H.) introduced the Combating Military Sexual Assault Act of 2013, which calls for providing victims with a military lawyer and improving the ability of the DoD’s Sexual Assault Prevention and Response (SAPR) Office to collect and track statistics on the number of cases and prosecutions, among other measures. 

    While 3,374 incidents were reported in the last fiscal year, some accused assailants were not under the military’s legal authority or allegations against them were found to be “false” or “baseless.” Some victims also requested that their cases not be investigated. Of the 1,714 offenders that could be investigated, according to the Pentagon report, commanders had enough evidence to punish 66 percent of them, an increase from 57 percent in the 2009 fiscal year. 

    Tsongas said that she was particularly concerned about the nearly two-thirds of victims who reported professional or administrative retaliation once they stepped forward with an accusation. “That’s an alarming number,” she said. “You can just guess the chilling effect it has on those thinking of coming forward.”

    Arbogast, who lives in Fort Ashby, W.V. with his wife and 11-year-old daughter, remains involved with the military as an athlete in wounded warrior sporting events. He is hopeful that the outrage about the new figures will spark change within the military. 

    “If I had the opportunity to travel to every base to speak weekly, I would do it just to flush these people out of the system,” he said. “It’s an important issue and I think people need to take it seriously, because if they don’t the numbers will keep rising.”

    Related:

    • Convicted of sex assault — then cleared — fighter pilot sparks protest at Tucson base
    • Defense Secretary Hagel demands rape reform in military
    • Accuser in Air Force sexual assault case 'frustrated' at overturned verdict
    • Army employs video game to help curb sex assaults; critics call it 'affront'

    62 comments

    This is absolutely outrageous and offensive. As a USMC Vietnam vet, I am offended that this culture has been allowed to persist.

    Show more
    Explore related topics: military, sexual-assault, department-of-defense, chuck-hagel, military-sexual-trauma, rebecca-ruiz
  • 6
    May
    2013
    7:43pm, EDT

    Pentagon's annual report on sexual assault shows alarming rise

     

    By Courtney Kube and Jim Miklaszewski, NBC News

    On Tuesday, the Pentagon will release the annual report on sexual assaults in the military, which shows some startling numbers.

    While the report will show that the number of reported assaults in fiscal year 2012 rose only 6 percent to 3,374 — up from 3,192 a year before — the number of people who made an anonymous claim that they were sexually assaulted but never reported the attack skyrocketed from 19,000 in FY11 to 26,000 in FY12.

    Members of Congress will be briefed on the report early tomorrow afternoon, and then Major General Gary Patton, the Director of the DoD Sexual Assault Prevention and Response Office (SAPRO), will brief the media.

    Embarrassingly, the report is being made public just a day after it was revealed that the Air Force's sexual-abuse prevention chief has himself been charged with sexual assault.
     

    232 comments

    I am a 25-year female retired veteran of the Air Force. And it's "not the military" that is at fault here. It's the recruits that are joining the military. Unfortunately I see more and more boys and young men being brought up to not respect women.

    Show more
    Explore related topics: pentagon, military, sexual-assault
  • Updated
    7
    May
    2013
    11:17am, EDT

    Air Force's sex-abuse prevention honcho charged with sexual battery

    Lieutenant Colonel Jeff Krusinski, who is the Air Force's chief of sexual assault prevention, was arrested early Sunday morning for allegedly drunkenly sexually assaulting a woman in a parking lot. NBC's Jim Miklaszewski reports.

    By Jim Miklaszewski, Courtney Kube and Tracy Connor, NBC News

    The Air Force official in charge of its sexual-assault prevention program was arrested for groping, authorities said Monday.

    Lt. Col. Jeff Krusinski, 41, was removed from his position as head of the Sexual Assault Prevention and Response Office pending an investigation, the Air Force said.

    The incident happened just after midnight Sunday when a drunken Krusinski allegedly approached the woman in a parking lot in Arlington, Va., and grabbed her breasts and buttocks, according to a police report.

    Police said the woman fought off her assailant and scratches can be seen on Krusinski’s face in his mug shot. He was charged with sexual battery.

    The charges are "deeply troubling," Air Force Chief of Staff General Mark Welsh said Tuesday. The Air Force has requested jurisdiction in the case, which is standard practice.

    Krusinski didn't show up for work Monday and would not talk to colleagues about the incident, a senior defense official said.

    Arlington County PD

    Mug shot of Air Force Lt. Col. Jeff Krusinski, who headed the service's sexual-abuse prevention office until he was arrested for allegedly sexually assaulting a woman in Virginia over the weekend.

    "He has been removed," Lt. Col. Laurel Tingley said of Krusinski, who had been in charge of the sexual-assault unit for about two months.

    His arrest comes as the U.S. military grapples with sexual assault in its ranks. The Air Force recently came under fire when a commander reversed a guilty verdict in a sexual assault case.

    Secretary of Defense Chuck Hagel expressed his "outrage and disgust" to Secretary of the Air Force Michael Donley Monday night after learning about the allegations against Krusinski. Hagel "emphasized that this matter will be dealt with swiftly and decisively," a Pentagon statement said.

    "This is absolutely infuriating," said Greg Jacob, policy director at the Service Women's Action Network. "Clearly the business-as-usual manner in which the military handles sexual assault cases has led to a climate where the very officers in charge of preventing this criminal activity feel that sexual assault is acceptable behavior.

    "The military has proven time and again that the current system of prosecuting these cases is broken," he said.

    The Pentagon will release its annual report on sexual assaults in the military on Tuesday afternoon, which shows an increase in reported assaults in fiscal year 2012 — up from 3,192 a year before. Furthermore, the number of people who made an anonymous claim that they were sexually assaulted but never reported the attack skyrocketed from 19,000 in FY11 to 26,000 in FY12.

    U.S. Sen. Kirsten Gillibrand, D-N.Y., a member of the Armed Services Committee, said the allegations were "extremely disturbing."

    "It is clear that the status quo regarding sexual assaults in the military is simply unacceptable. Next week I am going to take this issue head on by introducing a set of common sense reforms," she said in a statement.

    "We have to reform how the military handles sexual assault cases and take on the culture that perpetuates this kind of behavior.”

    NBC News' Michael Isikoff contributed to this report

    This story was originally published on Mon May 6, 2013 4:45 PM EDT

    765 comments

    Looks like he got the worst of it!

    Show more
    Explore related topics: air-force, military, crime, sexual-assault, updated, jeff-krusinski
  • 10
    Apr
    2013
    11:24am, EDT

    Army employs video game to help curb sex assaults; critics call it 'affront'

    Courtesy WILL Interactive

    A screen grab from "Team-Bound," the interactive video game used by the Army to educate soldiers about sexual assault.

    By Bill Briggs, NBC News contributor

    The Army is using an interactive video game to train soldiers how to prevent sexual assaults in the ranks, and the technology has proven so popular, the branch just ordered a sequel, according to a spokesman for the company behind the video.

    But advocates for military-rape survivors vilify the video — and the philosophy behind it — as “a waste of taxpayer dollars,” an “affront to victims of sexual assault” and a tool “of limited value.”

    Titled “Team-Bound,” the program streams laptop-generated scenarios, allowing users to assume the roles of a male or female specialist who witness on-base sexual harassments and eventually — at a bar favored by soldiers — the warning signs of an alcohol-induced date rape. Players must choose multiple responses throughout the episodes then watch the consequences of either intervening or ignoring the observed behaviors.


    Follow @NBCNewsUS

    If the video’s users pick passive reactions, an intoxicated female private is eventually raped in an Army barracks after leaving the bar with an aggressive, male private. In the video, the victim is shown ultimately reporting the attack then opting to leave the service, prompting an Army official to tell viewers: “A life damaged, a career ended, a unit falling apart. But it didn’t have to be this way. All you had to do was stand up and be strong.”


    Word of the Army's requested sequel — currently in production and scheduled to film this summer — follows Secretary of Defense Chuck Hagel’s decision on Monday to crack down on generals who now possess the power to overturn sex-assault sentences rendered by military juries.

    Courtesy WILL Interactive

    Screen grab from "Team-Bound" video game.

    A spokeswoman for the Army’s Sexual Harassment/Assault Response Prevention (SHARP) Program did not immediately respond to emailed questions about the cost, content or implementation of "Team-Bound" or its sequel.

    But a spokesman for WILL Interactive, the Maryland company behind both videos, said: “As part of its overall program to address and eliminate sexual assault, the military commissioned WILL Interactive to develop ‘interactive video simulations’ that combine behavior modification role-playing with a video game element.”

    In 2010, the Army “engaged” WILL Interactive to produce “Team-Bound,” said Caleb Barnhart, an account executive with New York-based BLJ Worldwide, an outside communications firm employed WILL Interactive.

    “The program was so well received by service members and Army administrators that they asked WILL to develop a sequel,” Barnhart said.

    'Limited value'
    The original episodes were written after focus groups consisting of Army members suggested several real-life scenarios, said Marc Smrikarov, a vice president of BLJ Worldwide.

    In one scene, five Army buddies wearing civilian clothes arrive together at a nightclub where several female soldiers are relaxing, also wearing casual outfits. A narrator says: “Loud music, cold beer, hot girls, game on.” The actors then portray various behaviors, each triggered by users’ responses. Information about the Army’s sexual harassment policies, definitions, and how to prevent such behavior — and, ultimately, stop a rape — is offered throughout that segment and others.

    Courtesy WILL Interactive

    Screen grab from "Team-Bound" video game.

    But the program is being slammed by some experts on the topic. 

    “For decades, leaders in our military have thought that they can end the epidemic of sexual assault in the military simply through training programs, like the ‘Ask Her When She’s Sober’ campaign,” said Nancy Parrish, president of Protect Our Defenders, an advocacy group for military sex-assault victims. “This video game is another example of that line of thinking. Not only is it a waste of taxpayer dollars, it is affront to victims of sexual assault.

    “Rape and sexual assault in the military is often about the abuse of power. It is a violent crime and should be treated as such. According to the DOD’s own statistics, the majority of these crimes are committed by an individual of higher rank,” Parrish said. The video “continues to portray rape and sexual assault as a misunderstanding of a social situation — (as with) ‘Ask Her When She's Sober’ — and places the emphasis on the victim and bystanders to intervene in an assault, instead of placing the responsibility squarely on the perpetrator.”

    A leader of the Service Women’s Action Network (SWAN) — which seeks to curb sexual discrimination, harassment and assault inside the military — similarly criticized “Team-Bound” as an example of the Army trying to teach its way out of the sexual-assault problem rather than focusing on disciplining and removing offenders. 

    “My take is that it’s of limited value to focus on behavioral aspects (without) addressing the role of institutional deterrents,” said Rachel Natelson, the legal and programs director at SWAN. “Outside of the military, companies can’t simply ‘train’ their employees not to commit offenses — they also have to correct offenses once they occur or they’ll be held liable under the law.”

    Related:

    • Defense Secretary Hagel demands rape reform in military
    • Guidelines protect sex assault victims seeking security clearance
    • Training aims to improve how military sexual assaults are investigated
    • Senate panel members suggest overhaul of military justice system 
    • Accuser in Air Force sexual assault case 'frustrated' at overturned verdict
    • Civil Rights Commission urged to order audit of military sex-assault cases

     

    85 comments

    Having left military service 10 years ago I cannot say what state the Army's training is in today, but I know that during my service we had sensitivity and preventive training for just about anything you could think of, and guess what, it was not effective. You simply cannot change human nature, and …

    Show more
    Explore related topics: army, pentagon, military, video-game, rape, sexual-assault, service-womens-action-network, featired, protect-our-defenders, sex-assault-in-the-military
  • 8
    Apr
    2013
    4:12pm, EDT

    Defense Secretary Hagel demands rape reform in military

    By Bill Briggs, Jim Miklaszewski and Courtney Kube, NBC News

    Defense Secretary Chuck Hagel on Monday cracked down on generals who now possess the power to overturn sex assault sentences, ordering the first substantive shift of his tenure in how the military handles rape convictions in the ranks.


    Follow @NBCNewsUS

    But victims’ advocates quickly lashed the move as merely a meager tweak that fails to meet mounting calls to remove all sex-assault investigations from the chain of command and to inject civilian oversight into a controversial system of justice further exposed by the recent Aviano case. 

    Hagel directed the Pentagon's General Counsel to strip the authority of commanding generals to void military court convictions. The Pentagon must seek fresh Congressional legislation to rewrite a section of the Uniform Code of Military Justice (UCMJ) to make the planned change legal.

    The decision follows a firestorm ignited last month when Air Force Lt. General Craig Franklin overturned the sex-assault conviction of Air Force Lt. Col. James Wilkerson, an F-16 combat pilot. Wilkerson was court martialed and convicted by a military jury in the assault of a civilian woman at the U.S. Air Base in Aviano, Italy. He was sentenced to one year in the brig and booted from the Air Force.


    But using current UCMJ laws, Franklin reversed that jury's ruling for apparent lack of evidence. Wilkerson was subsequently released from jail, reinstated and assigned to a staff job at an Arizona air base.

    The head of the Service Women's Action Network (SWAN), which seeks to help women serve without discrimination, harassment or assault, said she is "encouraged" by Hagel's proposal to reform a portion of the UCMJ, particularly "in light of the perceived travesty of justice in the recent Aviano case." But she added that the modification is not enough.

    "The Department of Defense has effectively acknowledged that commanders currently have undue influence on post-trial decision-making," said Anu Bhagwati, executive director of SWAN and a former Marine Corps captain. "However, post-trial review is only one component of the command-driven system that currently governs how military crimes are handled.

    "Unless pre-trial decision-making around investigation and prosecution of offenses is also removed from the hands of commanders and given to impartial prosecutors, military criminal justice will remain a lesser form of justice, both for victims and defendants."

    Measures 'fall short'
    Protect Our Defenders, an advocacy group for military sex-assault victims, called the generals’ current prerogative to toss out sex-assault convictions "only one part of much larger fundamental problems."

    "Today’s proposed changes from the Pentagon fall short of the necessary fixes to end the epidemic of sexual assault in the military," said Nancy Parrish, president of Protect Our Defenders. "The military has always contended that incidences like Aviano are extremely rare and we have never disputed that. But, we have always contended that the more insidious problem is that convening authorities can unilaterally lessen sentences, and today’s announcement does not change this.

    "Commanders now have the power to reduce any sentence for any reason or no reason," Parrish added. "Under the current proposal ... this will not change. In the Aviano case, rather than setting Lt. Col. Wilkerson’s sexual assault conviction aside, Lt. General Franklin could have simply reduced the sentence to no punishment.

    "For the system to be legitimate — the reporting, investigation and adjudication must be taken completely out of the chain of command if we are to avoid another case like Aviano," she added.

    Under UCMJ, Hagel and Congress are powerless to change Franklin's decision to overturn the conviction of Lt. Col. Wilkerson.

    In a written statement released Monday, Hagel said he is seeking to eliminate the ability of commanders who are the "convening authority" to override convictions for sexual assault or other serious crimes.

    Defendants still will retain the right to appeal convictions through the military judicial system, Hagel said. He also wants to require the convening authority to put into writing any changes they may make in sentencing for major offenses.

    "From the survivors we talk with," Parrish said, "a written explanation as to why their perp's sentence was lessened unilaterally will be of no comfort to them. This still constitutes an extraordinary power resting in the hands of one person with no equivalent in the civilian criminal justice system."

    Related: 

    • Guidelines protect sex assault victims seeking security clearance
    • Training aims to improve how military sexual assaults are investigated
    • Senate panel members suggest overhaul of military justice system 
    • Accuser in Air Force sexual assault case 'frustrated' at overturned verdict
    • Civil Rights Commission urged to order audit of military sex-assault cases

     

    177 comments

    Good for Secretary Hagel! I am certain that the Commander in Chief will support him in this effort and we will have long-overdue changes in the military that will protect victims and will prevent much of the sexual abuse that takes place within the ranks.

    Show more
    Explore related topics: military, rape, dod, featured, hagel, sexual-assault, department-of-defense, chuck-hagel
  • 5
    Apr
    2013
    10:52am, EDT

    Guidelines protect sex assault victims seeking security clearance

    By Jim Miklaszewski and Courtney Kube

    Director of National Intelligence James Clapper released guidelines Friday that protect victims of sexual assault who fear that coming forward for help or counseling may jeopardize their security clearance.

    Clapper's new guidance now mandates that someone seeking mental health counseling cannot be the sole reason that individual is denied security clearance.

    So-called "Question 21" on the standard security clearance questionnaire has been criticized in recent months as discouraging victims of sexual assault from seeking help, spurring a long review of its use by the intelligence community.

    Victims may now answer “No” to the question, which asks if the respondent has consulted a health care professional regarding an emotional or mental health condition or if he or she was similarly hospitalized.


    This language will be added to the question:

    "Please respond to this question with the following additional instruction: Victims of sexual assault who have consulted with a health care professional regarding an emotional or mental health condition during this period strictly in relation to the sexual assault are instructed to answer No."

    “The U.S. Government recognizes the critical importance of mental health and supports proactive management of mental health conditions, wellness and recovery,” Clapper said in a release.

    “The guidance which was issued on an interim basis pending formal revision of the policy, applies to all executive branch departments and agencies,” the release said.

    The Office of the Director of National Intelligence issues guidance for all 17 of the agencies that make up the U.S. intelligence community.

    Related:

    • Training aims to improve how military sexual assaults are investigated
    • Senate panel members suggest overhaul of military justice system 
    • Accuser in Air Force sexual assault case 'frustrated' at overturned verdict
    • Civil Rights Commission urged to order audit of military sex-assault cases

    20 comments

    What about handling the death of an immediate family member? Not to take away from sexual assault victims, but to point out that we, as a nation, need to realize that there's reasons to see a mental health physician other than the immediate assumption that the person is "crazy".

    Show more
    Explore related topics: military, featured, sexual-assault, clapper, director-of-national-intelligence
  • 21
    Mar
    2013
    11:37am, EDT

    Training aims to improve how military sexual assaults are investigated

    U.S. Army

    Russell W. Strand, chief in the education and training division at the Army's Military Police School, gives a presentation about suspect behavior to a special unit victims course at Ft. Leonard Wood in Missouri.

    By Rebecca Ruiz, NBC News contributor

    As the military wrestles with an alarming number of sexual assaults — an issue former Defense Secretary Leon Panetta called "an affront to the basic American values we defend" — the Department of Defense has adopted a novel technique that fundamentally changes the way investigations are handled.

    Hundreds of investigators and prosecutors across all military branches have participated in a special victims unit course at Fort Leonard Wood in Missouri that focuses on a unique forensic interviewing technique designed to elicit detailed descriptions of an attack. 

    With traditional methods, this “psychophysiological” evidence has previously been difficult to obtain from both the victim and suspect, but can often break open an otherwise difficult case in which there is little or no physical evidence.


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    The technique was developed by Russell W. Strand, a former special agent with the Army’s Criminal Investigation Division and current chief in the education and training division at the Army’s Military Police School. Strand began evaluating sexual assault training in 2004 as numerous reports of rape in combat zones and at home became public.

    He soon discovered that law enforcement, both military and civilian, expected victims to recount their trauma blow by blow, with precise details that could convince any skeptical jury or judge.


    That may seem like conventional wisdom, but Strand frequently found victims rarely had such clarity. He consulted experts, immersed himself in neurobiological research, and found that the expectation doesn’t align with the science of trauma and memory.

    In the midst of an assault, the brain does not capture every moment of trauma as if it were recording a film. The pre-frontal cortex can "shut down" or become severely impaired. As a result, many victims can’t provide a contextual or linear account of the event, but fragmentary memories, perhaps the tone of the suspect's voice or, when a sense of defeat has set in, a recollection of the way a lamp looked as she or he was being assaulted. In interviews with investigators, Strand said, the lack of a victim’s ability to recall specifics quickly sowed doubt.

    “We started looking at that (research) and started looking at what kind of evidence we gather in a sexual assault,” Strand said. “We weren’t collecting the right data.”

    Start with memories, not at the beginning
    Strand’s technique, which he has termed the forensic experiential trauma interview (FETI), begins with an investigator expressing empathy toward the victim in order to establish trust. What comes next is not a set of rapid-fire questions about the assault. Strand believes that approach, long used by law enforcement, pressures and confuses the victim. Instead, investigators are trained to simply ask what the victim is able to remember about the experience.

    Asking the victim to “start at the beginning” — another hallmark of traditional police work  — forces the victim to try to retrieve memories that may not have been encoded in the first place, which can lead to inaccurate or distorted recollections. Some victims may then doubt the memories they do have while investigators wonder if he or she is making up the assault. 

    What’s more important, according to Strand, is eliciting the victim’s sensory memories, which helps to create a three-dimensional picture of the attack. It also allows the victim to relate the experience in a way that makes sense and yields vital information that can be presented to a jury.

    Dr. Jim Hopper, a clinical instructor of psychology at Harvard Medical School, says Strand is teaching good clinical skills for interviewing traumatized people, adapted for an investigative context. Hopper is a guest lecturer for the course, and teaches the effects of sexual assault on the brain.

    Lori Jones, a civilian special agent stationed at Fort Leonard Wood, said that once she was trained in the interviewing technique, she was able to collect much better evidence. If a victim describes feeling “frozen” during an attack, for example, Jones is able to understand that as tonic immobility, a physiological response to terror or trauma that often leaves a person numb, starring in a fixed or unfocused manner and unable to move or cry out.

    The interview technique can also lead to unwitting admissions of guilt by attackers. When asked to describe a victim's behavior, suspects and victims have recounted the same details, Jones said.

    “One of the biggest blessings in FETI has been being able to take forward an investigation with no tangible evidence,” said Jones. “I have the ability to take this to my supervisor and say, ‘This is what the victim is articulating, these were the things she felt her body doing ... and he saw her doing what she was doing.’”

    This critical information has helped Jones educate commanders and prosecutors who falsely assume that a victim’s lack of resistance or inability to immediately call the police, for example, is evidence of lying.

    Joanne Archambault, a former investigator and executive director of the nonprofit training, education and policy organization End Violence Against Women International (EVAWI), said that evidence gathered by techniques like FETI are essential in conducting a thorough investigation. The interview is a "big piece of the puzzle" that helps an agent corroborate a victim's account.

    "Victims are much more likely to talk to us when they’re being given an opportunity to provide a narrative in their own terms," Archambault said. "You can’t get to prosecution and conviction without that."

    'Visionary' technique
    There are other investigation techniques that attempt to obtain sensory details from victims, but integrating scientific research on how a victim's brain responds to trauma is a unique element that has won Strand accolades. Last year, EVAWI gave Strand its Visionary Award.

    Archambault, who investigated or supervised 10,000 sexual assault cases at the San Diego Police Department before retiring in 2002, said that law enforcement often has little or no training in interviewing victims of traumatic crimes. As a result, the experience can feel like an interrogation. She has observed a FETI training class, which Strand also teaches to civilian police departments, and says the focus on about trauma and its effect on memory is novel. 

    “In a nutshell,” she said, “he’s been dedicated to making improvements in a culture.”

    The struggle to understand and address sexual assaults in the military has been very public. Last week, members of the Senate Armed Services Committee excoriated military leaders for permitting an environment that enables sexual assault.

    In 2011, 3,192 sexual assault reports were filed, but the Department of Defense says the number is closer to 19,000 based on anonymous surveys of active-duty service members conducted in 2010. Of the 3,192 reports, only cases on 1,518 subjects were brought forward for disciplinary review. 

    The Army tracks the number of cases brought forward by prosecutors; anecdotally, Jones said it appears FETI has helped increase this number, but the Army's Criminal Investigation Command did not have those statistics readily available. Those familiar with the technique are hopeful that it is changing pervasive attitudes and assumptions about victim behavior.

    In a statement to NBC News, Rep. Niki Tsongas, D-Mass., who chairs a caucus on military sexual assault, called FETI a “step toward more successful investigations and prosecutions.”

    The Department of Defense has incorporated the course as part of its multi-pronged approach to prevent sexual assault in the military. "When one does occur, effective processes and trained professionals must be in place to support victims and ensure delivery of justice," Cynthia O. Smith, a spokeswoman for the DoD, told NBC News.

    Since 2009, 721 special agents and prosecutors from every branch of the military have attended the training. Another 315 are scheduled to complete the course by the end of this September, and DoD has funded more than 400 seats at the course through fiscal year 2017.

    Strand says he and his team encountered some early resistance from investigators accustomed to the traditional interviewing technique, but that dissent has since ebbed.

    “We’re over the (point) where more people get it than don’t,” he said. 

    Rebecca Ruiz is a reporter based in the Bay Area.

    Related:

    • Senate panel members suggest overhaul of military justice system 
    • Accuser in Air Force sexual assault case 'frustrated' at overturned verdict
    • Civil Rights Commission urged to order audit of military sex-assault cases
    • Reported sex assaults leap 23 percent at US military academies
    • Sex-assault victims in military say brass often ignore pleas for justice

    27 comments

    This is a joke. NCIS does everything to help the rapist not the victims. They have been training troops for years on sexual assault and it's getting worse not better. Which means they are enlisting rapist or our troops are idiots.

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    Explore related topics: investigation, military, featured, sexual-assault, armed-services, rebecca-ruiz
  • 15
    Mar
    2013
    10:45am, EDT

    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.

    By Bill Briggs, NBC News contributor

    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. 


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    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."

    Related: 

    • Accuser in Air Force sexual assault case 'frustrated' at overturned verdict
    • Civil Rights Commission urged to order audit of military sex-assault cases
    • Reported sex assaults leap 23 percent at US military academies
    • Sex-assault victims in military say brass often ignore pleas for justice

    87 comments

    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 apolo …

    Show more
    Explore related topics: military, military-justice, featured, aviano, sexual-assault, chain-of-command, military-rapes, male-rape-victims, military-prosecution
  • Updated
    13
    Mar
    2013
    7:45pm, EDT

    Accuser in Air Force sexual assault case 'frustrated' at overturned verdict

    Victims of sexual assault in the military told their stories on Capitol Hill Wednesday. Lawmakers say the Pentagon has failed to protect its own ranks from sexual assault. NBC's Michael Isikoff reports.

    By Michael Isikoff, NBC News

    The victim in an Air Force sexual assault case that has provoked a firestorm in Congress says she was “absolutely stunned” when she learned that a top general had erased the conviction of her alleged assailant and that the decision will undermine the Pentagon’s efforts to encourage women to report such attacks.

    “It looks to me like he is protecting one of his own,” Kimberly Hanks, 49, told NBC News in an exclusive interview, about the decision of Air Force Lt. Gen. Craig Franklin, commander of the Third Air Force based in Ramstein, Germany, to overturn a jury’s verdict convicting a F-16 combat pilot of sexually assaulting her.


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    The message sent to other women who have been sexually assaulted, Hanks said, is “don’t bother” coming forward and reporting it. “It’s not worth it. Don’t bother.”


    Hanks agreed to be named publicly for the first time and granted an hour-long interview that was arranged by Protect our Defenders, an advocacy group that has sought to call attention to the military sexual assault problem. In the interview, Hanks recounted her personal ordeal last year when, as a physician’s assistant assigned to a hospital at Aviano Air Base in Italy, she accused Lt. Col. James Wilkerson — an F-16 combat pilot who was an inspector general at the base — of sexually assaulting her in his home. Hanks spoke in Washington, D.C., on the eve of a Senate Armed Services subcommittee hearing on sexual assaults in the military that is expected to focus in part on her case.

    Although she wrestled at first about what to do about what happened to her, she decided she needed to step forward and report it to Air Force authorities.  

    “I didn’t know if I could live with myself not doing anything about it,” Hanks said. “I couldn’t live personally with the knowledge that I was assaulted sexually and let this man go about his business while I had to live with the shame and the guilt. … I couldn’t let this guy get away with it.”

    Wilkerson’s lawyer, Frank Spinner, told NBC News that Hanks had “lied about multiple aspects of the case” and there was “no physical corroboration” of her claims that his client had assaulted her. But Hanks’ account of events got powerful support late Tuesday when Col. Don Christensen, the Air Force’s chief  prosecutor who personally tried her sexual assault case, described her in an interview with NBC News as “one of the most credible witnesses I’ve ever dealt with.” Christensen said he spent hours interviewing Hanks and found her entirely “truthful.” “She never changed her story. It was always 100 percent consistent,” he said.

    Hanks recounted how, just after months after arriving at Aviano Air Base, she was socializing with friends one evening after a concert and wound up at the home of Wilkerson and his wife, neither of whom she had known. Because of the late hour, she said she accepted an invitation to spend the night in the couple’s guest bedroom and went to sleep.  

    Later in the evening, “I had felt some discomfort. The lights came on which woke me up. And — I opened my eyes and Wilkerson was in bed with me with his hands down my pants,” Hanks said. She said his “face was six inches in mine.” (She declined to discuss further details, but prosecutor Christensen said Hanks testimony was that Wilkerson had fondled her breasts and inserted his hands into her vagina, providing the basis for his conviction on aggravated sexual assault.) Hanks said at that moment Wilkerson’s wife had entered the room. “And she told me to get the hell out of her house,” Hanks said. “I mean, I thank her. Because if she hadn’t come in, I don’t know what could have happened.”  

    According to the Air Force Times, Wilkerson's wife, Beth, testified at trial and denied she found her husband in the bed with Hanks, saying she asked her to leave because she was talking on her cell phone and walking around the house making the wooden floors creak. 

    The military jury believed Hanks’ account, convicted Wilkerson, stripped him of his rank  and sentenced him to a year in a military brig. Hanks said she thought her ordeal was over — only to learn two weeks ago that Gen. Franklin — who never attended the trial — had exercised his authority as “convening authority” of the court martial to reverse the conviction. Wilkerson was freed from the brig at Charleston, S.C., had his rank restored.

    The case has caused an uproar on Capitol Hill, where members are demanding an investigation of Franklin’s action and pressing for legislation to strip a military commander’s authority to overturn jury verdicts. “The fact that one person can overturn a punishment determined by a judge or a jury, flies I the face of justice,” said Rep. Jackie Speier, a California Democrat and member of the House Armed Services Committee.

    An Air Force spokesman said Gen. Franklin made his decision to overturn the verdict “only after his very lengthy, careful and thorough consideration” of the trial record and related materials submitted by all parties in the case. He concluded “that there was insufficient evidence to support a finding of guilty beyond a reasonable doubt.”

    Hanks said she is “frustrated” but has no regrets.

    “I did the right thing,” she said. “I reported it. I told the truth.”     

    More: Defying court's rules, anti-secrecy group posts tape of Manning statement 
    Authorities in U.S., Jamaica team up to tackle persistent phone scam 

    This story was originally published on Wed Mar 13, 2013 8:47 AM EDT

    525 comments

    Wow! Who is this guy to overturn a conviction when a judge and jury deemed Wilkerson guilty??? I was in the Army and I know that the good ol' boys definitely take care of their own. I saw sexaul misconduct occur all the time. I told my First Sergeant and nothing happened so I just stopped telling an …

    Show more
    Explore related topics: military, featured, sexual-assault, michael-isikoff, updated
  • 23
    Feb
    2013
    11:29pm, EST

    5-year-old sexual assault victim may get $105,000 in reward money

    By Vince Lattanzio, NBCPhiladelphia.com

    More than $105,000 in reward money is sitting, waiting to be handed out to the person who helps bring those who allegedly abducted and raped a 5-year-old Cobbs Creek, Pa., girl to justice.


    Follow @NBCNewsUS

    After enduring what investigators called an “unspeakable experience,” the girl assisted police in their investigation. She met with experts who worked to recover her memories, was questioned by detectives and even took three walks through the neighborhood where she was allegedly held.

    A day after the last neighborhood visit, police executed a search warrant at a home along the 6200 block of  Walton Avenue. The next day,  they questioned four people living in that home -- eventually charging 19-year-old Christina Regusters with the crime a week later.

    “She's been a big help to us. She's gone through a lot of trauma, but she was still able to provide some information that proved to be very helpful to us," Philadelphia Police Commissioner Charles Ramsey said. He also called the girl “incredible.”

    As Regusters sits behind bars, police say their investigation is still ongoing. Several representatives involved with raising the reward money say they’d think about giving at least some of the cash to the girl.

    “I think it would be worth considering,” said Philadelphia Fraternal Order of Police Lodge No. 5 President John McNesby. “She really did go through hell.”

    Police Deputy Commissioner Richard Ross sits on the panel that helps decide where rewards are directed. He says he hadn’t thought about rewarding the victim -– adding the move is not typical.

    Pennsylvania state Sen. Anthony Hardy Williams, D-Pa. 8th, brought $30,000 to the pot and encouraged community leaders to donate. Williams says he and other donors have been wrestling with where the money should go.

    Related stories at NBCPhiladelphia.com

    • Lawyer claims kidnapping suspect is innocent
    • Abducted girl had 'unspeakable' experience
    • Neighborhood rocked by abduction 

    “The most obvious participant in this is the child, who has been quite extraordinary in terms of what she’s been able to maintain, information she’s been able to share, but most importantly how she’s been able to keep her dignity intact,” he said.

    “So obviously there are those of us who are participating in the reward process who feel that a significant portion of the reward, if not something else … should be supporting that family and that child going forward.”

    Williams grew up near the community and lives less than a mile from William C. Bryant Elementary -– the school where the girl was taken. He credits the girl and her participation with helping take “a predator, if not a pedophile” out of the neighborhood and increasing “the safety and well-being of frankly everyone who was concerned about what was going on.”

    The state senator says the girl has a long recovery ahead of her and should be given support for counseling and possibly putting her in a different academic climate.

    “If I have any message, that I would like to most affirm … going forward, those of us involved will be talking about how we can support above and beyond just a simple reward,” he said.

    All three men say it’s important to wait until the police investigation is finished before deciding how to disburse the reward.

    154 comments

    Start a trust fund for the child. Therapy and college will be covered, and those of you who contributed to the reward won't look like nitpicking cheapskates.

    Show more
    Explore related topics: philadelphia, abduction, sexual-assault, nbcphiladelphia, christina-regusters
  • 14
    Feb
    2013
    1:22pm, EST

    Marriage counselor accused of sex with client, while pushing for divorce

    View more videos at: http://nbcdfw.com.

    By Chris Van Horne, NBC Dallas-Fort Worth

    A marriage counselor charged with sexual assault is on trial in Texas accused of using her position of authority to have sex with a patient.

    Sheila Loven counseled a couple in 2009 and allegedly used her counseling influence to encourage the wife to file for divorce, then had an affair with her husband.



    Follow @NBCNewsUS

    Assistant District Attorneys Betty Arvin and Sean Colston are prosecuting the case.

    The wife took the stand at the Tarrant County courthouse on Thursday and testified about her relationship with Loven, which she described as "visiting her best friend once a week to talk."

    The wife said Loven spoke unfavorably about her husband for months and encouraged the two to divorce.

    "It wasn't marriage counseling, it was divorce counseling," the wife said in court.

    In Sept. 2009, after the wife filed for divorce, she met Loven at Flip's in Grapevine, Texas. Throughout lunch she disclosed to Loven suspicions she had about her husband seeing someone. She testified that after a possible girlfriend was mentioned, Loven admitted her involvement.

    "It's me, it's me," the wife said Loven told her. "She had developed an interest in my husband and wanted to seek a relationship with him," she said in court.

    The wife added that she was numb after the conversation with Loven and eventually got up and left the restaurant.

    The Fort Worth Star Telegram reports that Loven and the husband had an affair for two months in 2009 before the couple reconciled after realizing that Loven had been deceiving them during their separate counseling sessions.

    "I thought she was my friend, I thought she cared," the wife testified.

    After the couple’s reconciliation, they started receiving sexually graphic, threatening and insulting text messages in Jan. 2010, allegedly from Loven.

    The defense argued in court that the messages could not be authenticated. Judge Ruben Gonzalez over ruled the objections.

    Prosecutor Betty Arvin quoted in court a text message to the husband that read: "When are you going to figure out that you are nothing without me? I made you a man."

    A text sent to the wife read: "I want you to suffer."

    The couple is now divorced.

    Loven could face two to 20 years in prison if convicted. If convicted, as a first-time offender, she could get probation.

    The trial is expected to resume on Thursday.

    72 comments

    She couldn't take what wasn't given to her by the so called husband however - seing as she accepted these peoples money and convinced them to be apart while they were obviously still in love and trying to work it out (hence their agreement to go to counceling to begin with) I think the woman deserve …

    Show more
    Explore related topics: marriage, divorce, sexual-assault, relationships, counselling, nbcdfw
  • 31
    Jan
    2013
    8:36am, EST

    Woman in Brooklyn ER molested by another patient, authorities say

    By Gus Rosendale, NBCNewYork.com

    A 27-year-old woman at a Brooklyn hospital was molested by a fellow patient previously convicted of sex abuse, authorities said. 


    Follow @NBCNewsUS

    The woman was in a semi-private section of the emergency room at Kings County Hospital when she woke up to find the man molesting her, investigators said.

    Read more at NBCNewYork.com

    Gregory Campfield, 52, was arrested and charged with misdemeanor charge of forcible touching. It's not clear if he had an attorney.

    A spokesman for Kings County Hospital said in a statement, "Security was immediately alerted, and the male patient was turned over to the NYPD. We are ensuring the patient is receiving all the care and support she and her family need." 

    108 comments

    Gregory Campfield, 52, was arrested and charged with misdemeanor charge of forcible touching. Anybody else see a problem with that only being a misdemeanor?

    Show more
    Explore related topics: hospital, sexual-assault, nbcnewyork
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