I read an article the other day in Rollingstone magazine, which focused on the subculture of rape within the United States armed forces. As I read through I found myself feeling slightly sick to my stomach. The article focused on one person's experience specifically, while looking at a number of others who had gone through a similar experience.
The article brought up numbers saying that in 2012 there were 3,192 reports of sexual assaults within the military. Of these the article stated that only 191 cases, or six percent, led to a conviction. This is miniscule compared to a 2010 anonymous survey showing 19,000 service members being sexually assaulted in some way including both male and female members.
The story centred around a young woman who accused three individuals of rape. They had been off base and a drink had been sent to her. Accepting she later woke up in a jail cell where she was yelling for a doctor as she had been picked up for impaired driving by police.
She was later taken back to base and subjected to scrutiny for her act of driving while impaired. She would be sent to the hospital for a toxicology report, but the navy would not be requiring a rape kit. She was told she could request one on her own if she wished, which she did.
She was told different results regarding the toxicology report by different people and in the end there were insufficient leads regarding a sexual assault, but as the article states "not for lack of an assault."
During the investigation the young woman was ostracised. She explained that many on the base thought she was attempting to shift the blame of her DUI and many "friends" abandoned her. She was no longer climbing the ranks of the navy, but mowing the grass on base. Following the sexual assault case closing the woman was actually discharged for the DUI she received that night.
Her life was forever changed because the military culture in the U.S. is described, by a variety of media outlets and people including military personnel, as almost encouraging assault. Lesser convictions for adultery or sodomy are usual, while often the case turns on the victim where they are discharged from service for various reasons. Typically victims are assaulted by their superiors. In the military superior officers are considered more reliable and there is the attitude that a good soldier is inherently a good person who would never commit such a crime.
This article on the American system of military made me wonder about what is happening in the Canadian military, which according to SWAN (Service Women's Action Network) has made reforms in the past decade which have aided the effort to stop sexual violence in the military.
The Canadian Force Grievance Board is stated to be made up of civilians who are not associated with any faucet of the military, while a complainant is able to pursue justice by appealing to the Federal Court if unsatisfied with a decision made regarding their case. An ombudsman, or independent official who investigates claims of violations of rights is available and they are also independent of the military's chain of command.
Our Canadian Forces have a national investigation service which has a separate chain of command ensuring an impartial investigation without influence from the "regular" chain of command. This national investigation service includes individuals who are trained to specialize in sexual assault cases.
Following the case of the Crown vs. Genereux in 1992 the Supreme Court of Canada determined the National Defence Act had to be amended in order to create an independent judiciary system within the military to ensure due process in accordance with constitutional requirements. This has led to the military prosecutor having to communicate with civilian authorities throughout the investigation to ensure proper conduct is followed and justice is served.
SWAN has thusly been calling for changes to the United States military judiciary process in order to make the investigation and trial more like those conducted in Canada, Australia, and the United Kingdom. This includes the creation of an investigatory body that is independent of the chain of command and educated specifically on sexual assault cases.
This issue has been playing out in the news for the past few years and there have been a number of films or video shorts made addressing the issue to add to exposure the media has been giving to the subject. One of these is a video titled, Lauren, which was created by WIGS a website and Youtube channel described as being dedicated to creating "high-end, original series, short films, and documentaries, all starring female leads." The first episode of three can be found at: www.youtube.com/watch?v=JKYfdO5LFDs
It brings attention to the struggle that women are often caught within as members of the military and the stigma associated with accusing someone of rape, regardless of the accusation being true.
One step in the direction of change has been Defense Secretary Leon Panetta in the United States who has recently tackled the "don't ask, don't tell" policy regarding gay and lesbian members of the military. Following successful change regarding that issue Panetta hopes to have new initiatives take form in order to better aid victims and seek justice in a subculture which has been consistent in persuading victims to keep quiet or face a backlash from their community becoming a pariah while possibly facing charges themselves.
