Tuesday, as the Pentagon’s annual report on sexual assault showed an alarming increase in cases, U.S. Senators Patty Murray (D-WA) and Kelly Ayotte (R-NH) introduced the Combating Military Sexual Assault (MSA) Act of 2013. In an effort to reduce sexual assaults within the military and help the victims of this crime, the Combating MSA Act would address a number of gaps within current law and policy and build upon the positive steps the U.S. Department of Defense (DoD) has taken in recent years. According to DoD estimates, there were about 19,000 cases of military sexual assault in 2011 alone. Of these, 3,192 were reported, leaving thousands of victims to face the aftermath alone as their assailants escape justice. That number rose to 26,000 cases in 2012 with less than 3,400 of those cases being reported.
“When our best and our brightest put on a uniform and join the United States Armed Forces, they do so with the understanding that they will sacrifice much in the name of defending our country and its people. However, it’s unconscionable to think that entertaining unwanted sexual contact from within the ranks is now part of that equation,” said Murray.
“Not only are we subjecting our men and women to this disgusting epidemic, but we’re also failing to provide the victims with any meaningful support system once they have fallen victim to these attacks. And while I applaud recent efforts by the Department of Defense to turn the tide on this mounting crisis, we must do more to root out the culture that fosters this behavior and provide substantive assistance to those who face these tragedies alone,” Murray said, adding: “I am proud to join Senator Ayotte in introducing the Combating Military Sexual Assault Act, to reverse this trend and establish the necessary means for victims to take action against their attackers. It’s inexcusable for us to wait any longer to address this issue and I’m glad this bipartisan legislation is taking meaningful steps to do right by our nation’s heroes.”
Ayotte said, “The United States continues to have the best military in the world—primarily because of the character, quality, and courage of our men and women in uniform. But when a service member fails to live up to our values and commits sexual assault, we must ensure the victims have the support they need and the perpetrators face justice.”
“Sexual assault presents a serious threat to the morale, discipline, and readiness of our armed forces. I look forward to working with DoD, Senator Murray, and my Senate colleagues to strengthen existing laws and policies so that all victims can come forward without fear of retribution and with confidence that they will receive the support, care, and justice they deserve,” Ayotte added.
The Combating MSA Act would:
- Provide victims of sexual assault with Special Victims’ Counsel (SVC) – a military lawyer who will assist sexual assault victims throughout the process.
- Enhance the responsibilities and authority of DoD’s Sexual Assault Prevention and Response (SAPR) Office so that it can better oversee efforts to combat MSA across the Armed Forces and regularly track and report on a range of MSA statistics, including assault rate, number of cases brought to trial, and compliance with appropriate laws and regulations within each of the individual services.
- Refer cases to the general court martial level when sexual assault charges are filed or to the next superior competent authority when there is a conflict of interest in the immediate chain of command.
- Bar sexual contact between instructors and trainees during and within 30 days of completion of basic training or its equivalent.
- Ensure that Sexual Assault Response Coordinators (SARC) are available to members of the National Guard and Reserve at all times and regardless of whether they are operating under Title 10 or Title 32 authority.
Last month, Murray questioned the Honorable Ray Mabus, Secretary of the Navy, and General James Amos, Commandant of the Marine Corps, about the alarming rate of reported sexual assaults within the Marine Corps. In the coming weeks, Congressman Tim Ryan (D-OH) will introduce companion legislation to the Combating MSA Act in the House of Representatives.
During a Senate Armed Services Personnel Subcommittee hearing in March, Ayotte questioned DoD officials about a January report released by the Government Accountability Office (GAO) that identified problems in ensuring proper care for service members who are victims of sexual assault.
Ayotte is a former prosecutor who has worked extensively with victims. During her time as New Hampshire’s Attorney General, she chaired the Governor’s Commission on Domestic and Sexual Violence.