Sex-Assault Policy Unveiled at Congress' Behest

Denver Post

By Miles Moffeit
Staff Writer

For the first time, Pentagon officials have created confidentiality protections for service members who report being sexually assaulted, unveiling a policy Friday that allows them to have private conversations with medical personnel, counselors and victim advocates.

The initiative, spurred by a congressional mandate last year, moves the military closer to the type of protections victims receive in the civilian world.

Still, experts cautioned that the new confidentiality regulation contains loopholes that can trigger disclosure of victim identities and other sensitive information.

“This policy is an achievement because they’re saying they realize these victims need appropriate confidential treatment,” said Debby Tucker, a consultant to the Pentagon on matters involving sexual assault and domestic violence.

Lawmakers who have pushed for military sexual-assault reforms offered mixed reviews. Sen. Wayne Allard, R-Colo., praised the policy as a crucial step, while U.S. Rep. Louise Slaughter, D-N.Y., said she wasn’t convinced it will do enough to quell victims’ fears of retaliation and other concerns.

The news came on the same day the Defense Department released an internal survey showing 50 percent of women polled at the four major service academies said they have experienced sexual harassment, while 10 percent said they have been sexually assaulted.

The new confidentiality procedures, outlined by Defense Department officials in a news release, allow soldiers and cadets to pursue medical and psychological help through “restrictive reporting,” apparently without their immediate commanders being notified.

Under the procedures, they would first contact a “sexual assault response coordinator” – a newly created military position – or a health-care provider.

A victim advocate would immediately be assigned. Currently, the military suffers a severe shortage of advocates, who provide legal and

social-service guidance, but is working to expand staffing.

Under the new process, the victim is “provided an opportunity,” according to a Pentagon news statement, “to make an informed decision about a criminal investigation.”

Pentagon officials declined to answer questions from The Denver Post seeking to clarify portions of the policy.

The move follows years of outcry from victims, advocacy organizations and members of Congress who have sought basic protections for sexual-

assault victims.

Often, reports of rape circulate within military installations, exposing victims to humiliation, intimidation and sometimes risk to their safety by fellow soldiers and commanders.

Currently, military regulations call for mandatory reporting to commanders, who typically launch investigations despite victims’ wishes.

Such an environment has driven many women into silence, civilian rape-crisis experts believe, because victims lose control over the process. Rape is among the most underreported crimes in the country, researchers believe.

Last year, Allard, Slaughter and other lawmakers pushed a broad reform package that called for confidentiality provisions and the broader use of victim advocates.

“This is extremely important from my experience,” Allard said.

Slaughter, however, said confidentiality protections won’t do any good unless the military begins staffing more advocates to help support them.

“I’m still hearing from victims who have been treated abominably and from advocates who aren’t able to do their work effectively,” she said.

The Pentagon’s answer to Congress, in the form of Friday’s initiative, should motivate more victims to step forward and report their crimes by giving them time and support to make informed decisions, said Undersecretary of Defense David Chu.

“Through our research, we have learned that providing confidentiality to victims will actually increase the probability that cases will be reported,” Chu said.

The fact that the new policy contains five exceptions to the confidentiality requirements led some civilian advocates to question whether the Pentagon was trying to sidestep the most aggressive protections. One exception allows military courts to order disclosure of confidential information. Another provides release of information “for the supervision of direct victim services.”

Christine Hansen, executive director of the Connecticut-

based Miles Foundation, said she hoped that the policy would be less ambiguous.

Hansen also questioned whether confidentiality will cover all conversations with advocates and counselors or just the initial reports.

“That is a crucial point,” Hansen said. “This policy appears to be the beginning of removing obstacles. But there is still a great deal of rockiness on the road for victims.”