In the wake of a series of well-documented failures in the way Fort Hood leaders responded to sexual assault cases among soldiers, the military’s top civilian leader under President Joe Biden is backing an aggressive approach to prevent such crimes across all services and ranks.
Defense Secretary Lloyd Austin III this month ordered military leaders to submit by Feb. 5 summaries detailing all actions taken last year to prevent sexual assault and harassment. He also requested “frank” data-driven assessments of programs that show promise and ones that fell short.
Austin’s orders followed a similar request from Biden to start finding ways to stop sexual assault in the military. As a presidential candidate, Biden last year said he supported allowing military members outside of a victim’s chain of command to investigate and prosecute sex-related crimes.
During Austin’s Senate confirmation hearing on Capitol Hill last week, lawmakers asked if he supported that approach, when previous studies found that 64% of military sexual assault survivors reported experiencing some form of retaliation by their chain of command for reporting the abuse.
Many sexual assaults in the military go unreported because under military justice rules, unit commanders — not independent prosecutors — decide how to handle cases. In many cases, the unit commanders have personal relationships with both the victim and the accused.
Some senators used Fort Hood as an example of failure, urging the retired four-star Army general to pledge that he would follow through with his promises of change.
“I certainly believe we need to do better, a lot of things better, in terms of investigations and prosecutions,” Austin said in response. “I think we have to look at this holistically. This starts with me.”
Austin in his written orders said he will “aggressively support” Biden’s pursuit of holding accountable those accused of sexual assault. If Austin does push for independent prosecutors, which Biden agreed was necessary, he would be the first defense secretary to support such a change.
Military sexual assault and harassment was the topic of public scrutiny for nearly a year following the death of 20-year-old Army Spc. Vanessa Guillen, who was assigned to Fort Hood.
Authorities say a fellow Fort Hood soldier, Spc. Aaron David Robinson, killed Guillen while they worked in an arms room together on post in April 2020 and buried her remains. As military and civilian authorities searched for Guillen, her family publicly criticized what they saw as a lackluster effort to find her and keep them informed of progress in the investigation.
Guillen’s remains were found buried alongside the nearby Leon River in late June.
Her family also alleged that she was sexually harassed by Robinson and possibly others before her death. The publicity led to a viral social media campaign based around the hashtag #IamVanessaGuillen, in which military men and women shared stories of sexual abuse.
U.S. Army Secretary Ryan McCarthy last month announced 14 Army leaders at Fort Hood were fired or suspended in light of the results from a summer investigation, which found that the commanders of the Central Texas military installation created a “permissive environment” that led to its culture of criminal behavior.
In the report, investigators said Army leaders failed to address known problems within its sexual harassment/assault response and prevention program, also known as SHARP, often leaving it understaffed and in the hands of those not equipped to respond appropriately.
The report said many soldiers would not report sexual assault or harassments to SHARP because, “victims feared the inevitable consequences of reporting, ostracism, shunning and shaming, harsh treatment and indelible damage to their career.”
The #IamVanesaGuillen movement eventually transformed into the I Am Vanessa Guillen Act, which Congress will consider passing later this year.
If signed into law, third-party groups would be allowed to investigate and prosecute those accused of sexual misconduct within the military. It’s still unclear if the third-party would still be military members or civilians.
U.S. Rep. Jackie Speier, D-Calif., will hold hearings in late February in the House Armed Services subcommittee that will focus on the I Am Vanessa Guillen Act. The Guillen family will attend, according to the family’s lawyer, Natalie Khawam, who originally pushed for the legislation.
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