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Senator Klobuchar Introduces Legislation To Retain Military Rape And Sexual Assault Records Permanently

Posted by: Bridgette P. LaVictoire on March 28, 2011.

03/28/11-by Bridgette P. LaVictoire
Sexual assault and harassment has been a problem in the military for some time, and many of these incidents go unreported. Recently, Minnesota Senator Amy Klobuchar introduced legislation that would require the Department of Defense to establish a unified system to permanently store and retain digital records in all cases of military rape, sexual assault and sexual harassment. There is no uniform system across the branches for the retention of these documents.

The move was applauded by the Service Women’s Action Network.

SWAN reports on part of the problem:

In fact, existing policies require that documentation in these cases, including completed investigations, forms, witness interviews and forensic evidence, be destroyed entirely in one to five years. This is a problem for servicemembers who later seek disability compensation from the Department of Veterans Affairs (VA) for PTSD or other health issues caused by sexual trauma, or those who seek to pursue legal action against the perpetrator.

Former Marine Captain and executive director of SWAN, Anu Bhagwati, stated :

“The Department of Defense’s annual report on sexual assault in the military, released last week, showed that in 2010 alone, approximately 19,000 servicemembers were raped or sexually assaulted during their service to our country. For literally tens of thousands of survivors of military rape, sexual assault and sexual harassment, this legislation is a critical step to ensuring the documentary evidence of the incident won’t end up in some garbage can or incinerator. These documents are absolutely vital for veterans not only when they file service connected disability claims with the VA, but also when survivors choose to pursue further legal action against their rapists or harassers.”

Klobuchar covered these points during a press conference with regards to what she wants to see the DoD do:

• Implement a unified method across all the service branches to ensure the permanent, digital storage of documentation related to cases of rape, sexual assault and sexual harassment;
• Enable lifetime access to the documentary evidence by the victim, to include use in the submission of VA disability claims or in court proceedings;
• Ensure Congressional oversight by requiring the Department of Defense to report to Congress on its implementation of the legislation.

Bhagwati also stated:

“On behalf of servicewomen and men across the country, we applaud Senator Klobuchar for her leadership on this issue and urge other Members of Congress to support this legislation. Never again should a servicemember who has been a victim of military rape, sexual assault or sexual harassment have to hear that their records were lost or destroyed due to the serious level of incompetence in the current system.”