Statements On Introduced Bills and Joint Resolutions

Floor Speech

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Mrs. MURRAY. Mr. President, I come to the floor because I believe the great strength of our military is in the character and dedication of our men and women who wear the uniform. It is the courage of these Americans to volunteer to serve. That is the Pentagon's greatest asset.

I know it is said a lot, but take a minute to think about that. Our servicemembers volunteer to face danger, to put their lives on the line to protect our country and all of its people. When we think of those dangers, we think of IEDs. We think of battles with insurgents, many of whom are so cowardly and evil that they refuse to even wear a uniform themselves, and they seek to kill innocent civilians.

There are, unfortunately, other dangers as well, dangers that cannot be expected and none of our courageous servicemembers should ever have to face. That is what I am speaking about, sexual assault. That continues to plague the ranks of our military services.

It is absolutely unconscionable that a fellow servicemember, the person whom you rely on to have your back and be there for you, would commit such a terrible crime. It is simply appalling that they could commit such a personal violation of their brother or sister in uniform.

Even worse is the prevalence of these crimes. Just today, we are hearing the alarming statistic that the number of cases has increased by more than one-third since 2010. For the estimated 26,000 cases of military sexual assault in 2012, less than 3,000 of them were reported. Out of 26,000, only 3,000 were reported. What is even more startling is that of those who bravely came forward and reported the abuse, an astounding 62 percent of them were retaliated against in one way or another.

According to the Department of Veterans Affairs, about one in five female veterans treated by the VA has suffered from military sexual trauma. That is certainly not the act of a comrade. It is not in keeping with the ethos in any service, and it can no longer be tolerated. We still have not done enough to put an end to these shameful acts.

Today I am taking action to change that. Today Senator Ayotte and I joined to introduce the Combatting Military Sexual Assault Act of 2013. This is bipartisan legislation that we have worked on to make several vital improvements to protect our servicemembers, to assist the victims, and to punish the criminals. Our bill, the Combatting Military Sexual Assault Act, will create a new category of legal advocates called special victims' counsels who would be responsible for advocating on behalf of the interests of the victim. These SVCs, special victims' counsels, would advise the victim on the range of legal issues they might face. For example, when a young private first class is intimidated into not reporting a sexual assault, by threatening her with unrelated legal charges such as underage drinking, this new advocate, the SVC, would be there to protect her and tell her the truth.

This bill would also enhance the responsibilities and authority of the Department of Defense Sexual Assault Prevention and Response Office, known as the SAPRO, to provide better oversight of efforts to combat military sexual assault across our Armed Forces. SAPRO would also be required to regularly track and report on a range of MSA statistics, including assault rates, the number of cases brought to trial, and compliance within each of these individual services.

Some of this data collection and reporting is already being done, so this requirement is not going to be burdensome. It would give that office statutory authority to track and report to us on the extent of the problem.

The Combatting Military Sexual Assault Act would also require sexual assault cases to be referred to the next superior competent authority for court martial when there is a conflict of interest in the immediate chain of command. This is very important. This will help ensure that sexual assault allegations get a fair, impartial,and thorough investigation. The President of the Military Officers Association of America agrees. They stated:

Preventing sexual assault is a duty of everyone in the chain of command. This legislation will increase support for sexual assault victims and strengthen policies and procedures for such cases in our Nation's Armed Forces.

This legislation would also prohibit sexual contact between military instructors and servicemembers during basic training or its equivalent or within 30 days after the training. As we have seen, with disturbing frequency at places such as Lackland Air Force Base or the Air Force Academy, new servicemembers are too often taken advantage of and abused.

In these settings, new servicemembers have every aspect of their life controlled by their instructor. While this is appropriate for military training, in this type of setting it is entirely inappropriate for senior servicemembers to seek a sexual relationship with a junior subordinate. It is our view it is impossible for a servicemember to freely give consent in that setting.

This bill will also ensure that sexual assault response coordinators are available to members of the National Guard and Reserve at all times. I was told a very disturbing story recently by a female servicemember from the National Guard in my home State of Washington. After being sexually assaulted during her monthly drill on a military base, she took all the necessary steps, including calling the sexual assault response coordinator. When she called, she was told that because the assault happened during a monthly drill, not on Active Duty, the sexual response coordinator could not help her. Those services were only reserved for those on Active Duty.

That is absolutely unacceptable. When one of our men and women in uniform is the victim of a sexual assault, and they have the courage to come forward and ask for help, the answer never, ever should be, sorry, there are regulations, nothing I can do for you.

This bill is one step to address the crises we have in our own Armed Forces, and it needs to be done now. Yesterday's news that the Air Force's chief of sexual assault prevention was arrested for sexual assault is another reminder that we have to change the culture around this issue.

I want to be very clear. The military has taken some steps on its own. For instance, I am looking forward to seeing Secretary Hagel's proposal on how to reform article 60 of the Uniform Code of Military Justice. As I think most of our colleagues know, under article 60, the convening authority of a court martial is empowered to dismiss the judgment of the court martial and overturn their verdict. Many of us, myself included, have had serious concerns about how that authority has been used in sexual assault cases.

We are here today to introduce this bill, and I wish to thank the Senator from New Hampshire for her advocacy on this issue and for her help in putting this legislation together.

I also wish to thank Representative Tim Ryan for his leadership and championing our companion bill in the other Chamber.

When I asked Navy Secretary Ray Mabus about the sexual assault epidemic, I was glad to hear him say ``concern'' wasn't a strong enough word to describe how he felt about this problem. He said he was angry about it.

I know a lot of us share this feeling. We want it to stop. I am very hopeful both Chambers can work quickly to do right by our Nation's heroes. When our best and brightest put on a uniform and joined our U.S. Armed Forces, they do so with the understanding they will sacrifice much in the name of defending our country and its people. That sacrifice should not have to come in the form of unwanted sexual contact from within the ranks.

I am very pleased to introduce this bill. I wish to thank Senator Ayotte again for her hard work and advocacy. It is a pleasure to work with her.

Mr. President, I ask unanimous consent that the text of the bill be printed in the RECORD.

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