LAND MINES

L.L. Nolan
L.L. Nolan is a freelance writer and Army veteran residing and playing in the magnetic vortex of Asheville, NC

Would you want to cross a field filled with land mines right after being horribly injured? Sounds like a combat situation doesn’t it? Yet, that’s what reporting sexual assault is like for military service members. In this scenario the “field” is the military justice system and, the “land mines” are the silence, retaliation and lack of justice.

Every day service members are being sexually assaulted. Every day. The most recent report from the Department of Defense cited that in fiscal year 2017, of the 5,277 service member reports of assaults that occurred during military service, 4,193 were
from women. Do the math. That is an average of at least 11 service members, including our brothers-in-arms, reporting being assaulted every day. And, those are just the reported assaults. Imagine the real numbers. Seeking justice by reporting through the chain-of-command requires service members to navigate many land mines. These may be in the form of biases, threats, or flat out dismissals. Many are often insurmountable. And they know it. From the onset, a tacit code of silence bars the victim’s way. Don’t tell or you’re disloyal. Be quiet or there will be trouble. And when service members do speak up, threats of retaliation both personal and professional become real. Like stepping through the field of land mines, you never
know when something will blow up. Even the DoD recognizes retaliation as a problem stating in the annual SAPRO report that “Sometimes reactions by superiors, co-workers, and peers lead to or can be perceived as leading to social exclusion, career disruption, and unfavorable personnel actions.” That might be an understatement. Rampant retaliation within the ranks of our military make reporting and follow-through dangerous for victims. Often, there is no justice. For there to be justice, it must be meted out. In reality, actual accountability for offenders in the military is rare. Supporting the Military Justice Improvement Act (MJIA) is how we begin to clear the mine field. As SWAN’s position paper states, “MJIA is needed because too many
commanders have failed to properly investigate, prosecute or review convictions of subordinates charged with UCMJ violations involving sexual misconduct ranging from rape to unwanted touching.” Basically, the act removes the authority of the accused
perpetrator’s higher commander to decide whether to refer felony charges for prosecution in non-military-related crimes. No more sweeping things under the rug, folks. This act will remove the commander’s authority and place it in the hands of legal experts, which is both logical and ethical. Passage of this act may also give momentum to more changes to the reporting and prosecuting of sexual assault crimes in the military.

All current and prior service members can help begin to clear the mine field by contacting senators and representatives and letting them know you support this act. Go. Now. Pick up the phone or write to them.
This is the way forward.