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What Politicians Don't Say About the Military's Sexual Assault 'Epidemic'
Article here. Excerpt:
'When I joined the U.S. military in January 2011, a family member asked me: “Aren’t you worried about being raped?” And she wasn’t the only one. Many people cautioned me that I would be entering an institution synonymous with machismo, authoritarianism, and violence.
What I found instead was very different: professionalism, respect, and a strong presence of women in the highest ranks. I also found the most transparent, aggressive, and in-your-face Sexual Assault Prevention and Response (SAPR) program I had ever witnessed.
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So even if the preponderance of evidence fails to support a conviction for rape or sexual assault, an accused soldier may still be discharged from the military and punished for a related offense like failure to obey an order (92), cruelty toward and maltreatment of a subordinate (93), unbecoming conduct (133), fraternization (134), or providing alcohol to a minor (134).
If service members fail to obtain justice through the regular process, which is largely at the discretion of their Commanding Officers (COs), there already is a way for them to circumvent the CO and file a complaint of wrongs against the CO under UCMJ Article 138.
That is why I have been surprised to hear U.S. Senators imply that service members currently have no recourse outside their CO and that a new, parallel organizational structure is needed.
Our sexual assault awareness training has articulated a highly victim-friendly standard for defining sexual assault. It has stressed affirmative consent, i.e., that for sexual activity NOT to be defined as sexual assault, consent must be freely and affirmatively communicated between both partners at every step during sexual activity, and both partners must be physically and mentally able to give consent. Any ambiguity, we’ve been taught, could harm the accused more than the accuser. Silence, or the absence of a “no,” does not imply consent. A drunk or drugged partner is automatically assumed to be non-consenting.
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So perhaps, instead of being a punching bag on Capitol Hill, the military should be studied as a model for sexual assault awareness, prevention, and response policy, especially among young people aged 18 to 24. And perhaps that model should be exported to the nation’s college campuses, where sexual assault is equally prevalent but far more hidden; where sexual assault policies and practices are outdated; and where the fear of litigation or falling rankings makes university administrations reluctant to expel offenders and eager to brush the problem under the carpet.'
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