Military

Military sexual assault and abuse can take many forms:

• Rape and sexual assault

• Sexual harassment

• Quid pro quo sexual coercion

• Unwanted sexual touching or advances

• Retaliation for reporting sexual misconduct

These offenses can occur on base, during deployment, or in any military-related setting.

1. The Scope of the Problem

Military sexual assault and abuse are a pervasive issue:

• According to the Department of Defense, there were an estimated 20,500 instances of unwanted sexual contact in the military in 2018

• Women in the military face higher rates of sexual assault than their civilian counterparts

• Male service members also experience sexual assault, often facing unique stigmas in reporting

• Many incidents go unreported due to fear of retaliation or lack of faith in the military justice system

2. Unique Aspects of Military Sexual Assault Cases

Military sexual assault cases present distinct challenges:

• Chain of command issues: Perpetrators may be in the victim’s direct chain of command

• Closed military culture: The emphasis on unit cohesion can discourage reporting

• Limited options for escape: Victims may be forced to continue working with their abusers

• Military justice system: Cases are often handled internally rather than in civilian courts

• Potential career impacts: Fear of retaliation or negative career consequences for reporting

3. The Impact on Survivors

Military sexual assault can have severe, long-lasting effects:

• Post-Traumatic Stress Disorder (PTSD)

• Depression and anxiety

• Substance abuse issues

• Difficulty maintaining military careers or transitioning to civilian life

• Increased risk of homelessness among veterans

• Trust issues and difficulties in personal relationships

4. Legal Rights and the Power of Action

As advocates for military survivors of sexual assault, we fight to protect your rights:

• The right to report abuse without fear of retaliation

• The right to seek justice through both military and civilian legal systems

• The right to receive appropriate medical care and mental health support

• The right to be protected from your abuser

• The right to hold both individual perpetrators and negligent command structures accountable

We’re committed to navigating the complex landscape of military law and civilian legal options to pursue justice for our clients.

1. Understanding the Military Justice System

The military has its own justice system, which can be confusing for survivors:

• Uniform Code of Military Justice (UCMJ) governs military law

• Commanders have significant discretion in handling cases

• Special Victims’ Counsel (SVC) program provides legal representation to survivors

• Recent reforms have aimed to improve the system, but challenges remain

2. Unique Defenses in Military Sexual Abuse Cases

Several unique defenses can complicate military sexual assault cases:

• Feres Doctrine: This legal principle often bars active-duty personnel from suing the federal government for injuries “incident to service,” including sexual assault

• Command Discretion: Commanding officers have significant power over whether to pursue charges, which can lead to biased outcomes

• Cultural and Cohesion Arguments: The military may argue that certain behaviors, while inappropriate, were intended to foster unit cohesion

• Chain of Command Influence: Higher-ranking individuals may exert undue influence over investigations and proceedings

3. Lesser-Known Facts About Military Sexual Assault

• Retaliation is Common: A significant percentage of those who report sexual misconduct face retaliation, including threats, harassment, and poor performance evaluations

• Restricted vs. Unrestricted Reporting: The military offers two types of reporting, but many victims are not fully informed about these options

• High Rate of Dismissal: A large percentage of military sexual assault cases are dismissed without trial or resolved through non-judicial punishment

• Gender Disparities: While female service members are disproportionately affected, male victims often face unique stigmas in reporting

4. Civilian Legal Options

In addition to military justice, survivors may have civilian legal options:

• Civil lawsuits against perpetrators or the military (with certain limitations)

• Reporting to civilian law enforcement in some cases

• Seeking compensation through the Veterans Affairs system for service-connected conditions resulting from military sexual trauma

5. Overcoming Challenges in Military Sexual Assault Cases

Pursuing justice in these cases can present unique challenges:

• Navigating both military and civilian legal systems

• Dealing with potential retaliation or ostracism within the military community

• Overcoming the statute of limitations in some cases

• Gathering evidence in the closed military environment

• Addressing potential security clearance concerns

Our firm is experienced in addressing these challenges and building strong cases for our clients.

1. Recent Reforms and Ongoing Advocacy

Significant reforms have been implemented in recent years, including:

• Removing commanders’ ability to overturn convictions

• Establishing the Special Victims’ Counsel program

• Criminalizing retaliation against those who report sexual assault

• Efforts to move prosecution decisions outside the chain of command

The 2021 National Defense Authorization Act included provisions to remove the decision to prosecute sexual assault cases from the chain of command, giving this authority to independent military prosecutors. However, more work remains to be done, and we continue to advocate for further reforms.

2. Supporting Survivors

We’re dedicated to connecting survivors with crucial support. Here are some vital resources:

Military-Specific Sexual Assault Support Services:

1. DoD Safe Helpline

   • Description: Confidential, anonymous service for DoD community affected by sexual assault

   • Services: 24/7 support via phone, chat, and text; information on reporting options

   • Contact: Phone: 877-995-5247, Website: DoD Safe Helpline

2. SAPR (Sexual Assault Prevention and Response) Program

   • Description: Each military branch has its own SAPR program

   • Services: Confidential support, reporting information, access to medical and counseling services

   • Contact: Visit official military SAPR pages for Army, Navy, Air Force, Marine Corps, Coast Guard

Veterans’ Mental Health Resources:

1. Veterans Crisis Line

   • Description: Free, confidential resource for veterans in crisis

   • Contact: Phone: 988, then Press 1; Text: 838255; Website: Veterans Crisis Line

2. VA Mental Health Services

   • Description: Comprehensive mental health services for veterans

   • Contact: Phone: 1-877-222-VETS (8387); Website: VA Mental Health

Career Transition Support:

1. Transition Assistance Program (TAP)

   • Description: Helps service members and spouses prepare for civilian life

   • Contact: Website: Transition Assistance Program

2. Hire Heroes USA

   • Description: Nonprofit helping veterans find civilian employment

   • Contact: Website: Hire Heroes USA

Advocacy Organizations:

1. Protect Our Defenders

   • Description: Advocacy group working to end military sexual violence

   • Contact: Website: Protect Our Defenders

2. Service Women’s Action Network (SWAN)

   • Description: Advocates for service women and women veterans

   • Contact: Website: SWAN

3. The Value of Experienced Legal Counsel

An attorney experienced in military sexual assault cases can provide:

• Understanding of both military and civilian legal systems

• Strategies for navigating the unique challenges of military cases

• Advocacy for appropriate compensation and support services

• Guidance on protecting your military career while seeking justice

Taking a Stand: The Power of Your Action

By taking action against military sexual assault, you’re not just seeking personal justice – you’re helping to create a safer military for all service members. Your courage can:

1. Hold perpetrators and negligent command structures accountable

2. Force the military to implement stronger prevention and response measures

3. Raise awareness about the reality of military sexual assault

4. Empower other survivors to come forward

Remember: You are not alone in this fight. We stand with you, ready to advocate fiercely on your behalf.