Congresswoman Niki Tsongas(MA-5) and Congressman Mike Turner (OH-3) andtoday introduced the Defense Sexual Trauma Response, Oversight and Good Governance Act (The Defense STRONG Act). This bipartisan legislation would expand legal rights and protections for service members who have been the victims of sexual assault. Among its main provisions, the legislation would provide victims with the right to legal counsel, the right to a base transfer, maintain confidentiality when speaking with Victim Advocates, and provide greater training for sexual assault prevention and response at every level of our armed services.
Recent studies have revealed that as many as 1 in 3 women leaving military service report that they have experienced some form of Military Sexual Trauma. By the Pentagon's own estimate, as few as 13.5% of sexual assaults are reported. Additionally, while 40% of sexual assault allegations in the civilian world are prosecuted, this number is a staggeringly low 8% in the military.
"We ask our men and women in uniform who serve in the military to put their lives on the line for our country, and they shouldn't fear or experience harm from their fellow soldiers," said Congresswoman Tsongas. "While the military has made strides to address sexual assault in the ranks, victims still report a lack of confidentiality, protection, support, and access to legal counsel once an incident is reported. The Defense STRONG Act addresses many of these shortcomings with current DOD policy and I look forward to working with Congressman Turner and our colleagues on the Armed Services Committee to ensure these important provisions become law."
"A native daughter of Dayton, Maria Lauterbach, met a tragic end to her life because of a system which did not provide adequate protections for victims of sexual assault. While our most recent efforts to make strides in combating sexual assault in the military have been positive; much work remains. I am glad to be working with Congresswoman Tsongas and my fellow Armed Services Committee members as we seek to preserve and enhance the rights of those affected by sexual assault," said Congressman Turner.
"I can honestly say that my 12 years in the military, and being a survivor of MST, has led me to the conclusion that the command culture in the military is more interested in rank advancement instead of leadership," said Mary Gallagher an MST survivor and a native of Haverhill. "It my hope with this proposed legislation that we can finally give a voice and real support to the victims of this awful trauma for which their is too many."
The Defense STRONG Act strengthens the legal protections for victims of sexual assault in the military by:
* Ensuring that victims have access to a military lawyer and maintain their option of confidential reporting even if they seek legal counsel
* Ensuring that conversations between victims and Victim Advocates as well as DOD Safe Helpline counselors are confidential and immune from discovery by military lawyers if a case goes to court.
The bill also strengthens the systems in place to prevent sexual assaults and to provide support and guidance for victims by:
* Providing victims of sexual assault with the right to transfer out of their base or unit,
* Standardizing the training of service members, commanders, Victim Advocates, and Sexual Assault Response Coordinators throughout DOD,
* Requiring service members to receive training around sexual assault prevention and response as they move up in the military structure,
* Requiring Victim Advocate and Sexual Assault Response Coordinators to be full-time positions, and prohibiting DOD contractors from fulfilling those roles, and
* Requiring DOD to permanently store records relating to sexual assault and providing servicemembers with lifetime access to those records.
The provisions in the Defense STRONG Act would address many of the findings contained in Department of Defense's 2009 Task Force Report on Sexual Assault. The Task Force stated that victims of sexual assault in the military express a lack of protection and support once an assault has occurred. The report also found that Victim Advocates, who are assigned to provide support for victims, receive very little training and have little experience in dealing with these offenses.
The Defense STRONG Act builds upon provisions that Tsongas, Turner and their colleagues on the House Armed Services Committee were successful in including in last year's National Defense Authorization Act (NDAA). The language required the Department of Defense (DOD) to develop a comprehensive plan to address sexual assault prevention and response and submit it to Congress. Additional language in the FY 2011 NDAA mandated that the DOD implement minimum standards for training of Sexual Assault Response Coordinators and Victim Advocates and required the DOD to examine the feasibility of providing a military lawyer to all victims of sexual assault.
"The Service Women's Action Network applauds Representative Niki Tsongas and Representative Mike Turner and enthusiastically endorses today's introduction of the Defense STRONG Act for 2011," said Anu Bhagwati, former Marine Corps Captain and executive director of the Service Women's Action Network (SWAN). "This essential piece of legislation would increase protections for survivors by providing access to legal counsel and confidential victim advocacy services, expedited relocation and reassignments for victims, and improved training and education of commanders and first responders."
The Defense STRONG Act is being endorsed by the National Organization for Women, National Alliance to End Sexual Violence, Service Women's Action Network, National Center for Victims of Crime, and the Pennsylvania Coalition Against Rape.
Turner and Tsongas are joined by Reps. McMorris Rodgers (WA), Holt (NJ), Towns (NY), Conway (TX) DeLauro (CT), Rangel (NY), Cleaver (MO), and Donnelly (IN) as original co-sponsors.