According to a statement released by the Department of Defense on August 27, 2014, United States Army General Officer Michael T. Harrison was forced to retire recently with a reduced rank after being found to have mishandled reports of sexual assault. As I read the article published by The New York Times, I was expecting to find that some form of criminal action had also been taken and that there would be some recognition of sympathy for those victims whose cases had been mishandled. Instead, the consequences of this general’s actions were to retire as a one star general, as opposed to a two star. No criminal action was taken, and no justice to the victims was given.

If you have seen the eye-opening documentary ‘The Invisible War,’ then you know that it raised awareness for the appalling number of victims who are involved in sexual assaults in military settings, but also that it spurred legislation ensuring investigations of abuse were handled efficiently, and justice was given to the victims. As can be seen with Harrison’s case, these incidents are still occurring and as a woman myself, I still do not feel like enough is being done.

Susan Brownmiller, an American journalist, describes sexual assault in military settings as an unfortunate but inevitable by-product of the necessary game called war. Quite frankly, the punishment Harrison received is nothing short of a joke. After the amendment of federal policies regarding sexual assault in the military two years ago, I question Congress as to why this is still happening? This game we call ‘sexual assault in war’ is unacceptable. According to “The Invisible War,”

‘Since 2006, more than 95,000 service members have been sexually assaulted in the U.S. military. More than 86 percent of service members do not report their assault, and less than five percent of all sexual assaults are put forward for prosecution, with less than a third of those cases resulting in imprisonment.’

These figures should be enough to not only change punishment for the mishandling of reports of sexual assault, but to help victims come forward and receive justice for their traumatic experiences. As of 2014, according to the Department of Veterans Affairs, federal law now defines Military Sexual Trauma (MST) as one of the most frequent diagnoses given to veterans of warfare. If we know that so many individuals suffer from such traumatic experiences, why isn’t policy being changed? Even more importantly, why aren’t those who are meant to protect us doing their jobs properly?

Each military force dominates the way reports and investigations of assault are handled. This ‘in house’ shambles of a system is essentially allowing officials to get away with their own wrongdoings. We are allowing individuals to commit acts without fear of punishment or consequence. In order to lower the rates of sexual assault in the military, the focus needs to be on controlling the environment, and providing an alternative system for report of misconduct. I am no expert in changing legislation, and I am no intellectual genius on the makings of policy, but I am certainly no fool to being aware that victims are suffering, and legislators need to wake up and realize that this type of consequence is normalizing military sexual assaults.

Our common coping mechanism for crime is imposing laws to regulate punishment to those who inflict pain and suffering. By imposing taking someone’s gold sparkly badge away and giving him or her a silver sparkly one instead because they essentially ignored someone’s suffering, is unacceptable. Sexual assault and abuse is not normal, regardless of the situation, regardless of the setting, and regardless of the perpetrator. In order to enable victims to report their abusers, and in order to protect future men and women from the pain and suffering so many veterans go through, something needs to change!

Now more than ever, I cannot wrap my head around the fact that our same country who is fighting to protect us from terrorism, our country who is fighting for the rights of the thousands of innocent individuals losing their lives in the Middle East, can also be the same country that contains individuals being sexually violated and then silenced by the same exact people who are meant to protect us.

Hannah Kaye

Hannah Kaye is originally from London, now living in New York. Recently graduated with an MA in criminal justice from John Jay College. Strong contenders for things she is most passionate about are bagels and cupcakes. Contact Hannah at staff@LawStreetMedia.com.

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More than 20 percent of women in the armed forces have experienced sexual misconduct in the military. Due to fear of backlash, this statistic is significantly under reported. In the last year, however, reported sexual assaults in the military increased an unprecedented 46%.

Senators Kirsten Gillibrand (D-N.Y.) and Rand Paul (R-Ky.) have truly made bi-partisan efforts to shed light on this national travesty. Sen. Gillibrand recently predicted that the current Military Sexual Assault Bill, which would remove sexual assault cases from the chain of command, will receive the necessary votes to pass.

The efforts of Sen. Gillibrand and others fighting for reform, particularly to take military oversight of sexual assault cases out of military hands, is increasingly gaining attention and steam. The Invisible War, a groundbreaking documentary directed by Kirby Dick, helped make waves on the road to reform, expanding awareness of the critical issue. Two of the women featured in the film, attorney Susan L. Burke and former Airman First Class Jessica Nicole Hinves, joined the Forum on Law, Culture and Society at Fordham Law School for the Forum Film Festival to discuss the issues raised by the film and the steps needed for reform and to pass the Military Sexual Assault Bill. Moderator Thane Rosenbaum, film executive producer Maria Cuomo-Cole, and Rear Admiral Susan J. Blumenthal rounded out the panel.

(All statistics in the film are from U.S. Government Studies)

The Invisible War addresses the rampant under-reporting of sexual harassment in the military. Female soldiers are more likely to be raped by a fellow soldier than be killed in action. In addition, women who have been raped in the military have a higher rate of post-traumatic stress disorder (PTSD) than men who have been in combat.

In fact, about 80% of sexually assaulted men and women do not report. Yes, I said men and women, as male victims comprise approximately one percent, or 20 thousand cases, of all military sexual trauma.

A study by the United States Navy included in the film asserts that 18 percent of incoming recruits have attempted or committed rape before entering the military. An alarming statistic considering that we hold our military to such high standards and expect a certain degree of oversight. Twenty-five percent of women do not report rape because their commanding officers are the rapists. Due to the chain of command disciplinary system, prosecution of these attacks is entirely at the discretion of the military and the commanding officers are in charge. Although Congress has the power to exercise congressional oversight over these military sexual misconduct situations, few members have chosen to become involved until recently.

Susan Burke suggested that the military justice system is flawed and must be modernized. “Put the adjudicatory power in the hands of the prosecutors – not the commanders,” she stated.

The problems with sexual misconduct in the military is not new. As the film points out, in 1991, the Navy dealt with sexual misconduct issues with regard to the Tailhook Convention in which approximately 200 Navy and Marine airmen participated in “The Gauntlet”. This involved men roaming the halls in search of women to assault. “The Gauntlet” ending with the sexual assaults of hundreds of women.

The embarrassing events that took place at the Tailhook Convention in 1991 are absolutely unacceptable; however, such conduct did not end there. In 1996, the Army dealt with sexual misconduct at the Aberdeen Proving Ground involving the rape and sexual harassment of 30 women. In 2003, the Air Force dealt with sexual misconduct within their Air Force Academy in Colorado Springs. Most recently, there was a scandal involving the rape of a Marine stationed at the Marine Barracks in D.C., a very reputable place to be stationed due to its proximity to the U.S. Capitol building.

Many of the resulting lawsuits and prosecutions in these sexual misconduct cases often end in a form of insignificant justice. In Jessica Nicole Hinves’ case, the man who was under investigation actually received a promotion. Many of these lawsuits end poorly, partially due to the Feres Doctrine which states that the U.S. government is not liable for injuries sustained during service (including rape, apparently).

Additionally, a December 2011 lawsuit was dismissed because the court claimed that sexual harassment is “an occupational hazard of military service.” This seems outlandish, outrageous and absolutely upside-down. Since when is rape and sexual misconduct part of the job description when enlisting in the military to serve our nation and protect our freedom? What’s next, barcodes on every American citizen’s neck as a residential hazard of living in the United States?

Even with bills such as the STOP Act aimed at rectifying the many injustices our service people endure when it comes to sexual assault, many still wonder if it will be enough. According to, Jessica Nicole Hinves, this type of moral erosion is a national security issue, as military feminism is looked down upon by higher ranking commanders.

Holding servicemen accountable for the sexual misconduct they perpetrate is essential in order to maintain the respectable and cohesive nature of our military. Resistance to oversight legislation aimed at removing military sexual assault cases from the chain of command is at odds with the military’s insistence that in order to maintain good order and discipline, commanders need to maintain leadership, control and power.

The panel suggested that military justice can and must be effected through civilian control, encouraging audience members to tell their Congressional representatives that commanders must be held accountable and that higher ranks do not put people in a position to make legal determinations about sexual assault. Countries such as England, Australia and Israel have taken the oversight out of military hands. Therefore, perhaps it is time the United States follows suit.

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Rob Anthony is a founding member of Law Street Media. He is a New Yorker, born and raised, and a graduate of New York Law School. In the words of Supreme Court Justice William O. Douglas, “We need to be bold and adventurous in our thinking in order to survive.” Contact Rob at staff@LawStreetMedia.com.

Featured image courtesy of [U.S. Army IMCOM via Flickr]

Robbin Antony

Rob Antony is a founding member of Law Street Media. He is a New Yorker, born and raised, and a graduate of New York Law School. Contact Rob at staff@LawStreetMedia.com.

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