Chairmen Michaud and Hall, Ranking Members Brown and Lamborn, and members of the subcommittees, thank you for inviting me today to discuss the progress the Department of Defense has made in recent years on caring for victims of sexual assault.   I would like to focus on the efforts of my office, the Sexual Assault Prevention and Response Office (SAPRO), working in partnership with the Military Services.  As a team, we are making great headway to standardize, professionalize, and institutionalize our programs.  Once we achieve all three, we hope to realize our vision:  A culture free of sexual assault.  Until that time, ensuring an effective response for victims is one of our highest priorities.

At the beginning of my testimony, it is important to clarify a few issues.

• The Department of Veterans Affairs is tasked by Congress to address the physical and mental problems of veterans stemming from physical assault or sexual assault or sexual harassment that occurred while the verteran was serving on active duty or active duty for training.  VA utilizes the umbrella term “military sexual trauma” to refer to these experiences.
• In the Department of Defense, the office that I represent is tasked with policy relating to the prevention and response of sexual assault.  Sexual harassment is addressed by the Equal Opportunity Program.  Reported incidents of sexual harassment are not included in my statistics.
• Finally, I would like to remind everyone that our DoD-wide sexual assault policy has been in place since 2005.  All reports of sexual assault are of concern to us, and we are especially concerned with reports of incidents that occurred after 2005 in that we want to examine them to determine if there are any necessary changes in our policy. 

Sexual Assault: An Underreported Crime

One of the challenges facing the Departments of Defense and Veterans Affairs is the fact that sexual assault is one of the most underreported crimes in our society.  National studies indicate that most sexual assaults go unreported in the civilian sector—largely because victims are fearful of the life-changing events, public scrutiny, and loss of privacy that often come with a public allegation.  The potential medical and psychological costs and consequences of sexual assault are extremely high.

Unfortunately, the military is not immune to the problems faced by the rest of American society—and sexual assault is no exception.  Sexual assault in the military has similar costs and consequences for victims—but there are other factors that complicate a victim’s experience in the military and interfere with reporting.  First, sexual assault can occur where a victim works and lives.  Victims are not always able to escape painful reminders that keep them from putting the incident behind them.  Second, when the perpetrator resides in the same unit as the victim, sexual assault sets up a potentially destructive dynamic that can rip units apart.  Third, recent research has found that a history of sexual assault doubles the risk of posttraumatic stress when the victim is exposed to combat.[1] 

Some victims may not want to come forward to report for many of the same reasons cited by their civilian counterparts:  DoD studies indicate that about eight of ten sexual assaults in the military go unreported. [2]  Victims are concerned about losing their privacy, fearful about being judged, fearful of retaliation, and afraid that people will view them differently.  In addition, female and male military victims alike mistakenly believe that reporting their victimization somehow makes them weak and less of a warrior.  They worry that their career advancement will be disrupted and their security clearances revoked. 

Bringing Sexual Assault Victims into Care

In order to bring more victims forward, the Department offers two reporting options:  Restricted and Unrestricted Reporting.  The addition of Restricted Reporting as an option was critical to our program.  Restricted Reporting allows victims to confidentially access medical care and advocacy services.  Although Restricted Reporting does not trigger the investigative process, commanders are provided with non-identifying personal information that allows them to provide enhanced force protection.  Also, victims who initially make a Restricted Report may change their minds and participate in an official investigation at any time. 

Restricted Reporting is having the desired effect.  At the end of FY09, the Department had received 3,486 Restricted Reports since the option was made available in 2005.  We believe that number represents 3,486 victims who would not have otherwise come forward to access care had it not been for the Restricted Reporting option.  In addition, 15 percent of those victims who made a Restricted Report converted to Unrestricted Reports, allowing us to take action to hold those offenders accountable. 

Bringing as many victims forward to report the crime of sexual assault is one of our strategic goals.  During the past three years, reports of sexual assault have been increasing by about 10 percent annually.  While our goal is to decrease sexual assaults, we do want to increase the numbers of victims coming forward and are engaging in a variety of activities that encourage victims to report.  For example, in 2008, the Secretary of Defense identified reducing the stigma of reporting sexual assault as one of his priorities.  Since then, each of the Services has taken steps to educate their members that reporting the crime and seeking help are a sign of strength, not weakness.  In 2009, the Department issued a memorandum underscoring that being the victim of a crime like sexual assault is not grounds for losing one’s security clearance.  The memo further encouraged all members of the Department of Defense, military and civilian alike, to engage care services as soon as possible following traumatic events.

Military Sexual Assault Response

When we created our policy in 2005, we established the framework for a coordinated, multidisciplinary response system modeled after the best practices in the civilian community.  Victim care begins immediately upon an initial report of a sexual assault.   At the heart of our sexual response system are the Sexual Assault Response Coordinator (SARC) and Victim Advocates.  Service members worldwide have access to a 24/7 response.  Every military installation in the world—both in garrison and deployed—has a SARC and Victim Advocates who provide the human element to our response. Our SARCs and Victim Advocates will:

• Work with victims to identify and address issues related to their physical safety and needs as well as concerns about their commander and the alleged perpetrator
• Listen to victims’ needs and then connect them with appropriate and necessary resources, including medical care, mental health care, and legal and spiritual resources; and
• Connect victims to off-base resources when necessary. 

SARCs and Victim Advocates also work with victims to help them decide whether to make a Restricted or Unrestricted Report.  In order to ensure that victims make an educated decision in which they are fully informed of their choices, we developed a Victim Preference Reporting Form (called DD 2910) which explains their options.  This form is completed by the victim with the assistance of the SARC or Victim Advocate in every case.  In each case, the SARC or Victim Advocate emphasizes that the victim should keep a copy of the DD 2910 in his or her personal files, as noted on the bottom of the form.  (A sample of DD 2910 is included at the end of my testimony.) 

Tracking Victim Care

The Department believes that comprehensive data collection and analysis are vital to policy analysis and program implementation.  Thus, a Department-wide sexual assault database is currently under development.  We have secured funding and will be soon awarding a contract for development. 

Collaborating to Enhance Victim Care

Effectively preventing and responding to sexual assault are demanding undertakings.  We know that we cannot do it alone.  As a result, we have been collaborating with other federal, state, and non-profit agencies to maximize our effectiveness.  We have been working with the Department of Veterans Affairs since the inception of the program in 2005.  In addition, we have recently begun to meet with a variety of veterans groups to identify what gaps there might be related to our issue as Service members transition from active duty to veterans status.  Meeting with non-governmental groups, such as Iraq and Afghanistan Veterans of America and the National Organization for Women, has helped us gain a fuller understanding of the challenges that veterans might be experiencing.

One of the key areas of collaboration has been related to documentation.  In 2007, we contacted the staff of the Veterans Benefits Administration (VBA) and briefed them on our Victim Preference Reporting Form (DD 2910).  We forwarded copies of the form to VBA, which said that it would agree to accept a copy of the form, signed by both the victim and the SARC or Victim Advocate, as evidence of reporting of sexual assault.  While treatment for sexual assault in a VA facility does not require this document, service connection determinations require some kind of evidence in the military record.  Our form is not typically part of the medical record that is provided to VA for service connection determinations; however, it can be submitted by victims as part of their paperwork for a service connection determination.

As noted throughout my testimony, reporting a sexual assault can be very challenging for a military victim—and many do not want the sexual assault in any kind of permanent record until they are ready to separate.  As a result, corroborative evidence of sexual assault may be difficult to come by in a medical chart or other record system if the victim never reported the matter or if the member made a Restricted Reported and opted to not use medical care.  Just as the DD 214 is the main basis for proof of military service, we would like the DD 2910, the Victim Preference Reporting Form, to be universally accepted as proof that a victim made a report of sexual assault.

Past this coordination on reporting form, let me mention a few additional ways we have collaborated:

• A representative from VA participates, per our request, on our Sexual Assault Advisory Council, which was the main oversight body for the Sexual Assault Prevention and Response program in the Department.
• We have teamed with members of VA’s Military Sexual Trauma Support Team to present our respective programs at national conferences.
• Members of my staff have attended VHA’s annual training conference for Military Sexual Trauma Coordinators and presented on the DoD Sexual Assault Prevention and Response Program for the past three years.  In addition, my staff has also participated in VA webinars to educate VA providers about sexual assault and the DoD and VA programs.
• The MST Support Team and SAPRO often work together to ensure that victims of sexual assault are connected with the appropriate services.  We have referred a number of victims to each other’s offices for assistance.

Challenges in Caring for Military Victims of Sexual Assault

In addition to what has been done to date, there is more our two Departments can do together to assist victims of sexual assault, but we need assistance in removing at least one barrier to collaboration:  that is, state mandatory reporting laws.

As I explained previously, prior to the implementation of Restricted Reporting, victims could not access medical care or advocacy services without the involvement of law enforcement and command.  Restricted Reporting is critical to reducing the barriers that prevent victims from accessing care in the military.  Despite all of its benefits, Service members in a number of states, including California, do not have the option of Restricted Reporting if they wish to access medical care for a sexual assault.  Victims cannot access private medical care and treatment either on or off base.  California is an example of a state with this type of law.  Section 11160 of California’s Penal Code requires healthcare practitioners to make a report to law enforcement if they provide medical services for a physical condition to a patient whom he or she knows or reasonably suspects is a victim of various crimes of a sexual nature.  That report must include the victim’s name, whereabouts, and a description of the person’s injury.  There is no discretion on the part of a healthcare provider; the law requires mandatory reporting.  Once the healthcare provider notifies civilian law enforcement, we cannot guarantee that they will not notify military law enforcement.  Once military law enforcement is aware of a sexual assault, it must investigate and command must be notified.  

If our active duty members could make Restricted Reports in federally funded facilities, such as a VA Medical Center—no matter where it is located—we believe this would allow us a wider variety of options to offer victims for care.  We do not know how many more reports we would have received had the Restricted Reporting option been available in California.  This is a challenge that we need help in resolving. 

Conclusion

The Department of Defense and the Department of Veterans Affairs have made significant progress since 2005 in assisting victims of sexual assault.  Both Departments have programs that truly address the needs of the victim. 

As I conclude my testimony, I would like to share one last thought.  Each day, our Service members dedicate their lives to protecting our country and deserve no less than the very best care and support in return.  This is why it is so very important that we work together to make this program the best it can be. We can thank our SARCs, Victim Advocates, and first responders for dedicating their lives to those in need and giving back to those who serve.  

As mentioned earlier, since 2005, 3,486 individuals would not have received care and support had it not been for the creation of the Restricted Reporting and our program. That’s remarkable progress.  It’s up to all of us (Department of Defense, Department of Veterans Affairs, and Congress) to continue to take the lead by working together to resolve issues so that our policy is effective for all of our Service members.

Thank you for your time and for the opportunity to testify today. I would be happy to answer your questions.

DD Form 2910

[1] Smith, et al., (2008).  Prior Assault and Posttraumatic Stress Disorder After Combat Deployment, Epidemiology, 19, 505-512.

[2] U.S. Department of Defense (2008). 2006 Workplace and Gender Relations Survey of Active Duty Members. Washington, DC: Defense Manpower Data Center. Retrieved from http://www.sapr.mil/contents/references/WGRA_OverviewReport.pdf.