Newsweek - National News, World News, Health, Technology, Entertainment and more... | Newsweek.com
All Comments
Posted Monday, November 05, 2007 5:51 PM

Sexual Assault in the Ranks

By David Botti
You must be a registered user to comment.  Click here to register.  Already a user?  Click here to login.

Member Comments

Posted By: Mark in USACIDC (November 6, 2007 at 3:52 PM)

I was a Special Agent in the Army's Criminal Investigation Division (usually referred to as "CID").  While I'll admit that sexual assault is a problem within the military and it is a great step forward that the military is creating a special program for service members who have been sexually assaulted - there are many misconceptions as to why and how sexual assault happens within the military, as well as the military justice system has its own unique processes and procedures for resolving many of these incidents the public doesn't usually fully understand.  My personal experience is that several of the statements mentioned in this article are correct but for different reasons than one would think.  

The notion that sexual assault within the military has been going on forever is very correct.  I think it is fairly well documented that from the times of the Romans and Greeks, through World War II, to present day conflicts in the former Yugoslavia and Iraq, that sexually related offenses have occurred to varying degrees by all sides involved in conflict.  In my opinion there are several causes for modern day sexual assaults, with some of the main drivers being the psychological mind-set of those who become service members, the situations and locations in which they are assigned for duty that often include what I'll call an "alcohol culture", and the lack of accepting responsibility for misunderstood expectations and placing ones self in poor situations.  My overall observation in investigating many sexual assault incidents (between male and female service members and between military members and civilians) is that one or both individuals involved often projects a false sense of confidence prior to the incident - likely based on training, the psychological make-up of the service member personalities involved, and/or the personalities of civilians that tend to be attracted to military members.  The age of those involved, being young adults who are often inexperienced with members of the opposite sex, is also a large factor to be considered.  

I say this as it takes a certain kind of person to join the military (both male and female) who is a little more adventurous and has more confidence than the average person.  This statement is probably even more so true given this is a wartime military - if it wasn't there wouldn't be any problems in recruiting.  My impression is this false confidence often leads to false expectations as to whether sexual activity is desired and/or acceptable.  Add in the fact that many service members at some point in their careers are deployed to areas away from their spouses/families (Korea, Iraq, etc.) in which the attitude that everyone is 'single' during their time there.  Additionally areas (such as Germany, Korea, etc.) have an open drinking culture where alcohol consumption by young adults, sometimes to excess, is encouraged/condoned.  All of this is nothing unlike college campuses all across the United States.  

When stationed in Korea I heard the slogan, 'What happens in Korea, stays in Korea'.  This was long before Las Vegas made it their catch phrase and alludes to everyone being 'available' regardless of their marital or relationship status back home.  In a majority of these incidents (alluded to in the Air Force situation one female interviewee mentioned) a male and female service member who are otherwise acquaintances will go out, have too much to drink, and then end up returning to a barracks room or private residence of one of the parties.  At which time something happens that is often never fully determined, as the observations of each of the parties are in contrast with that of the other (the truth of what happened is usually some where in between).  You will also often have situations in which alcohol lowers the inhibitions of the parties to the point they, both male and female, will engage in acts they wouldn't normally sober (sexual intercourse, multiple partner sexual activity, group sex, etc.).  There seems to often be a reluctance for individuals to take responsibility for their inappropriate-in-hindsight actions or inactions under the guise of 'following orders' - could a little more thought have gone into what that female soldier imagined would happen when asked by the male soldier to come to his room after 'lights-out'?

Because military units are close knit groups, knowledge of this kind of incident/activity spreads fast among unit members and otherwise consensual sex may later be reported as a sexual assault as a method of salvaging reputation, as well as genuine feelings of remorse or shame from their less-than-sober actions.  Ironically (and sadly), there also seems to be what I will call a 'sexual assault reporting paradox' - in my experience many incidents which are probably the most traumatic (as sometimes learned later in other related investigations) go unreported/under-reported; while more minor incidents are, to some extent, sometimes overblown into criminal offenses when they are not.  I suspect this is due to the more traumatic the incident the more traumatic reporting/prosecuting the incident would be for the victim.  Even more unfortunately, incidents that are not immediately reported can be extremely difficult to investigate and prosecute.  ‘The military didn’t do anything about it…’ is one of the major complaints of victims who wait days, weeks, months, or even years to report an incident.  While it may sound like I’m trying to place blame on the victim, at the same time it is impossible for the military to fix problems it doesn’t know about if individuals can’t take some responsibility to report these incidents or in some cases refuse to provide information when directly asked by investigators because they want to put the situation behind them.

As far as the prosecutorial actions the military often takes against the accused, the military uses a decentralized criminal justice system, the Uniform Code of Military Justice, which allows law and order to be enforced in even the more disparate of locations (i.e., within the US, aboard vessels in the middle of the ocean, on the battlefield, etc.).  It is certainly not a perfect system, but then again neither is the civilian US court system.  Often cases result in both parties agreeing that sexual activity took place, but the intention and/or consent of the parties is in dispute.  In the military criminal justice system force, threat of force, and incapacitation are all generally considered elements for committing various offenses that fall within the term sexual assault.  However the reality is that there is a wide spectrum of sexual activity, ranging from legal consensual sex to illegal forcible/violent gang rape (with inappropriate touching, date-rapes, rough sex, homosexuality, sexual harassment, guilt-afterwards-sex, undisclosed extra marital affairs, and drunken inhibition-free sex falling somewhere in between).  In cases where there is lack of physical evidence to support one side or the other, it is the basis of the US legal system the accused is presumed innocent until proven guilty.  This most certainly leads to some cases in which an accused is not punished when they should be.  Again, it is not a perfect system, but I can't imagine serving in a military with a system where you are presumed guilty until proving innocence.  Lastly, while I have worked on cases involving male-on-male sexual assaults, these are fairly unusual without prior homosexual involvement on part of the persons involved.


Posted By: lisa.lobrano (November 5, 2007 at 11:11 PM)

My ex-boyfriend and I roomed with an Air Force guy, my ex was Air Force.  The AF roommate raped an Air Force girl in our apartment (we had lived there 2 weeks).  The AF requested the case be transferred from the local District Court to on base as both the victim and alleged perpetrator were AF.  After the trial, he was acquitted.  I was horrified.  Needless to say, after the incident, I stay not one more day in that apartment.  If the charge had remained off base, he would have been convicted of simple rape, where the perpetrator knew or should have known of the victim's incapacitation.  It was the classic case of date rape, but nonetheless should have been treated accordingly by the Air Force.  Instead, the victim was simply brushed aside.


Posted By: Bob in Florida (November 5, 2007 at 10:04 PM)

What I have heard is common that you did not mention is that men constantly harass the woman, if they dont consent to a sexual encounter they get label or gossiped to be a ***. Women often consent to sex to kill the rumor they are gay. Because being gay can still get you kicked out the military. More woman are kicked out the military for being gay than men..


Posted By: mcshellmc (November 5, 2007 at 9:19 PM)

David Botti - what was your intent when asking "what is being done to help the perpetrators"?  Wouldn't a more appropriate question be:  What is being done to PUNISH the perpetrators?  


Posted By: beltron641 (November 5, 2007 at 8:18 PM)

I am quite surprised to read that members of the American military are sexually assaulting weaker men and women in the American army and marines. I honestly thought that the only persons that the American soldiers and marines rape and sodomize are Iraqi and Okinawan men and women. It does not make sense for them to rape and sodomize fellow marines and soldiers. Doing such might result in some soldier or marine getting sexually violated by a larger soldier or marine and might result in the victim shooting the sexual predator in reprisal.


Posted By: mjtribe (November 5, 2007 at 7:00 PM)

Out of the 3000 reported assualts how many servicemembers are charged?


 
The Peek
 
 
PROJECT GREEN

Passing the 'fossil fools' in a CNG-powered car

Sponsored by
 
 
 
 
Sponsored by
 
 
 
loadingLoading Menu