Shut Up and Put Up: A Military Culture of Retaliation When Rape Happens

Sometimes as a journalist one thing leads to another and you suddenly find yourself going down a dark rabbit hole that you hadn’t planned to visit. That’s what happened to me recently when I was writing a piece about how the Veterans Administration’s mental health system and the military in general were failing women in need of care following sexual assault.

I interviewed a lot of women veterans who had suffered military sexual assault while serving their country for that piece and what I heard wasn’t pretty. Nor were the things they said about what had happened to them when they sought help, or when they tried to tell their stories. That’s the part that led me down the rabbit hole, because the truth is retaliation is rampant in the military against those who tell the truth about what happens to victims of abuse.

“It’s a culture of silencing,” one source who’d been warned not to talk to the media told me. “They take away your First Amendment right to free speech.” Then he called me, twice, in a panic.  “Don’t use my name,” he said. “I still work for the VA.” Soon afterwards I got a call from another source who asked that I water down her comments. “My husband still gets his care at the VA,” she explained.

But don’t take my word for it. In May 2015 Human Rights Watch released a report called “US: Military Whistleblowers at Risk” in which it detailed retaliation for reporting sexual assault. “Military service members who report sexual assault frequently experience retaliation that goes unpunished,” the report said after its 18-month investigation in partnership with the human rights organization Protect Our Defenders. “Despite extensive reforms by the Defense Department to address sexual assault, the military has done little to hold retaliators to account or provide effective remedies for retaliation,” the report said, adding that “the Military Whistleblower Protection Act has yet to help a single service member whose career was harmed.”

Let’s put a human face on this travesty. “A Sergeant told me he would kill me if we ever went into Afghanistan because ‘friendly fire is a tragic accident that happens’,” a female soldier told Human Rights Watch.  Another reported that she was assaulted by a cook whose colleagues harassed her so much she couldn’t eat in the mess hall. She “lived off of cans of tuna” for seven months. In another case a female Marine’s name and photo were posted to a Facebook page where other Marines could comment. “Find her, tag her, haze her, make her life a living hell,” someone wrote. Another soldier said she should be silenced “before she lied about another rape.”

Is it any wonder that one advocate I interviewed said she advises women who come to her for help to “get out right now because you life is on the line.” She told me “it’s not unusual for women to go missing” or to have their deaths called a suicide.

A study conducted by the Rand Corporation in 2014 revealed that 62 percent of women who reported unwanted sexual conduct to military authorities experienced some form of retaliation. The study also found that 35 percent of women reporting sexual assault suffered an adverse administrative action, 32 percent suffered professional retaliation and 11 percent were punished for infractions after reporting. It didn’t count the number of women who receive pseudo-psychiatric diagnoses like “Borderline Personality Disorder” which is often used to damage or end a victim’s career.

“These sickening stories of retaliation against survivors should make every American angry,” Sen. Kirstin Gillibrand (D-NY) has said. “We keep hearing how previous reforms were going to protect victims, and make retaliation a crime. Yet there has been zero progress on this front and this mission is failing. Survivors will not be able to get the justice they deserve until we change this business-as-usual climate without any real accountability and create a professional, non-biased and independent military justice system.”

Don Christensen, president of Protect Our Defenders, agrees. “When no one is held accountable for retaliation, it creates a hostile environment for all survivors, and sends a message to criminals that they can act with impunity. When a survivor who reports sexual assault is 12 times more likely to suffer retaliation than they are to see their rapist convicted, it demonstrates the military has a long way to go to fix this problem.”

After talking to so many brave women who have suffered terribly, first by being raped and then for telling the truth about it, I couldn’t agree more. That’s why I’ve written their stories here and elsewhere, which has led me to wonder occasionally if I will be retaliated against in some way. So if my column doesn’t appear next month please come looking for me. Maybe you should start with that ultimate black hole – a military brig – where someone who bears an uncanny resemblance to Al Capone may well be watching over me.

Is America a Failed State?

As we say in New England, it’s been a wicked bad time lately. What with Ebola, ISIS, climate change induced weather crises, the situation in Ferguson, MO, the Secret Service scandals and more, we all feel shaken and fearful for the future.

 

It’s not only Americans who are feeling less secure and more frightened about what lies ahead. Worldwide, there is a growing sense of insecurity, anxiety and vulnerability. Still, I can’t help noticing the ways in which the U.S. is moving in dangerous directions, revealing flaws so serious that one wonders what separates us from countries that we like to call “developing countries.”  “American Exceptionalism” – a term that smacks of superiority – may no longer imply what is best in our national culture.  Now it may stand for all that is exceptional in negative ways in American life and politics.

 

Think about the growing corruption in our electoral system, typical in “less developed countries.” The Supreme Court’s Citizens United decision dealt a terrible blow to our political process when it ruled that essentially corporations are people. The rise of Super PACS and the power afforded individuals like the Koch brothers will have alarming consequences in the 20016 elections.

 

Anonymous political giving is growing exponentially. Voters are increasingly accosted by advertising from groups with seemingly benign names and dubious agendas.  These groups are required to disclose their finances only on federal tax returns, and the names of donors are exempted.  Approximately 55 percent of broadcast advertising has been paid for by groups like this recently.  Then there is gerrymandering and changes – attempted or achieved - to voting laws designed to keep certain people from voting the way some folks want them to. 

 

Then there’s police brutality and our deeply broken justice system. I’m not only talking about what happened in Ferguson or St. Louis or other places where black kids are shot to death by white cops, which obviously has a lot to do with the abysmal state of race relations in this country.

 

I’m talking about stories that seldom make the news, although the case of Lisa Mahone and her boyfriend Jamal Jones did get coverage. Mahone and Jones were rushing to the hospital where her mother was dying when they were stopped by police because Lisa wasn’t wearing a seatbelt. Before the whole thing was over, police had drawn their guns and Jamal was tasered because he didn’t have an ID and was too afraid to get out of the car.   All of this occurred with two terrified children in the back seat of the car.

 

The police are simply out of control. They have turned into militarized forces and SWAT teams because they’ve been trained to act like they work in a war zone by people who have done exactly that, many of whom are now cops on the beat. 

 

Police departments and drug task forces have been allowed to take millions of dollars from Americans under federal civil forfeiture laws with which they buy Humvees, automatic weapons, night-vision scopes and sniper gear, according to the Washington Post. The Justice Department’s Equitable Sharing Program allows local and state police to keep up to 80 percent of assets they seize, even without charging anyone with a crime. In order to retrieve their assets, victims must prove that the seized money or property was acquired legally. Mainly used by the Drug Enforcement Administration or Immigration and Customs Enforcement, there have been 62,000 cash seizures since 9/11 without search warrants or indictments. 

 

As for the justice system, take the case of teenager Courtney B. who was falsely accused by another teen of unwanted sexual touching, an accusation invented by a mother who wanted to sue a school district for money.  Courtney was arrested in Arizona without due process, held without bail for 66 days, and wrongfully convicted of child molestation by a judge. Sentenced to 11 years, she is required to register as a sex offender upon release. Despite proof that the alleged crime never happened, the county attorney, disbarred after copious alleged ethics violations, refused to admit he’d made a mistake. So this young woman languishes in jail - like so many others with similarly tragic stories, and many exonerees who finally make it out.

 

Clearly, we are failing as an exceptional, First World, democratic country in many ways.

 

In a recent column in The New York Times related to the Secret Service debacle, Thomas Friedman put his finger on something important and relevant. “Just look at Washington these days and listen to what politicians are saying,” he wrote. “Watch how they spend their time. You can’t help but ask: Do these people care a whit about the country anymore?”

 

We should all be asking that question with all due speed and gravity before we too become known as a “less developed country” struggling with political and moral corruption.