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.

He Said, She Said: An Election Dilemma

Like a lot of other politically active liberal Democrats, I’m in a pre-primary quandary. Hillary or Bernie? One day I’m for one candidate, the next I’m leaning toward their contender. Both make a lot of sense to me and represent my world view. But both have done things (or not) that make me wonder about their ability to lead the country (and the world) in a way that makes me feel totally comfortable and confident.  

I’d love to see a woman president in my lifetime, but I voted for Barack Obama the last time Hillary ran because I have reservations about her that persist, and I don’t like political dynasties. And I like what Bernie stands for, but he’s troubled me on a few issues, and I wonder if he has the personality, patience and negotiation skills required to get things done on the Hill and around the world, progressive ideology notwithstanding.

The Democratic candidate who emerges will have my full and active support. I will go to the mat to ensure that whichever Republican is nominated has no chance of wreaking the havoc each of them has promised. But here are some things I need to see in a Democratic frontrunner in order to be a proud American again, and to feel that there is hope for the future of our country, our world, and our planet.

First, at the national level, I need to know that serious, enforceable gun control legislation will be among the new president’s priorities.  I need to stop seeing daily reports of senseless gun deaths, reports so ubiquitous that we are no longer shocked by them because they are as common as a bad weather report. We have become our own killing field and an enigma to the civilized world. It’s time to understand the 18th century intent of the Second Amendment and to question its relevance today. It’s time to tell the NRA to take a hike.

I also need to see reforms within our justice system, our prison-industrial complex and our approach to incarceration overall. Enough of people like Carlos Mercado, a 45-year old diabetic man who died after 15 hours at New York’s notorious Rikers Island for lack of medical attention as guards stepped over him as he lay dying. Enough of women like Sandra Bland dying in prison for not using a turn signal. Enough of white- collar criminals walking away while black boys and men waste away in lockup. Enough of the torture of solitary confinement and of innocent people incarcerated for years and sometimes put to death by the state. Enough of police brutality, bad lawyering, powermongering parole boards, and judicial corruption. Enough of swat teams in place of community-based policing and sufficient mental health services.

I need to see serious attention being given to rebuilding our crumbling infrastructure before it literally falls down around us. Whether its endangered bridges, potholed roads, a ridiculous Amtrak system instead of high speed rail and mass transit like the rest of the developed world has, or up-to-date air traffic control technology, it’s time we stopped gluing ourselves back together, or ignoring altogether disasters waiting to happen. Instead of building walls to keep people away or devising ways to take a one-way trip to outer space perhaps we could make life safer and more comfortable for folks moving around in our own neighborhoods and cities.

With a view to the wider world, I need to know that the next president grasps the reality and urgency of climate change. It’s imperative that he or she gets the fact – the indisputable fact - that we are on the cusp of extraordinary, irreversible disaster if we don’t act now to save our planet. Reports by multiple, credible scientists of sea changes and weather events driven by global warming - including water shortages that could result in insufficient food, new migrations and conflicts over water - are already here. What will it take for naysayers to get the severity of the issue? One answer is a president who prioritizes climate change and acts responsibly along with other global leaders.

Clearly, anyone in the Oval Office needs to be absolutely dedicated to human rights – which include women’s right to agency over their own bodies and lives – and to making such dedication clear and operational.  That means ensuring that quality health care and education is accessible and affordable for everyone. It means having a viable strategy for helping the world’s refugees, people of color, and those from other ethnic or religious backgrounds to feel safe and to live dignified lives.

Finally, I need the president to be absolutely savvy about foreign affairs and to have the kind of experience, advisors, and negotiating skills that give all of us the best chance of living in a world in which armed conflict is reduced and terrorism is eliminated without the slaughter of innocents.

It’s a tall order. But Hillary and Bernie have a year in which to convince me which one of them is up to the job. Until then, I’ll just have to live with uncertainty.