Veterans' Groups Suing Military for Access to Sex-Assault Records
Two national nonprofits have filed suit claiming the military has repeatedly denied FOIA requests for information related to sexual misconduct in the U.S. armed forces.
December 14, 2017 at 02:12 PM
5 minute read
With 55 percent of women in uniform reporting sexual mistreatment, two national nonprofit organizations are suing the Department of Defense and Department of Homeland Security for access to records of sexual assault and harassment in the U.S. military.
Washington, D.C.-based Protect Our Defenders and West Haven's Connecticut Veterans Legal Center say in a joint suit that the government has repeatedly denied Freedom of Information Act requests seeking information regarding the military's treatment of survivors of sexual harassment, assault and rape. The groups are seeking records regarding gender disparity, prosecution of sexual assault claims under the Military Whistleblower Protection Act and the disposition of claims with sexual assault elements before the Board for Correction of Military/Naval Records.
The complaint, filed Wednesday in U.S. district court in Hartford, indicates that information collected is intended to help “develop policy solutions and realize the promise of equal treatment of all service members.” The complaint—which cites several sources—says 55 percent of female service members report experiencing some kind of sexual harassment.
In a joint statement Wednesday, the groups said discrimination against female service members is widespread. While dramatically underrepresented, female service members “experience disproportionate rates of sexual harassment, assault and rape,” which the military collectively terms as “military sexual trauma” or MST.
Protect Our Defenders is dedicated to ending sexual harassment, assault and rape in the military. The organization's president, Retired Col. Don Christensen, is a former chief prosecutor for the U.S. Air Force who has been outspoken about what he has called “an epidemic” of sexual assaults in the armed forces, as well as retaliation against military personnel who report sexual abuse.
The Connecticut Veterans Legal Center provides legal assistance to homeless veterans and veterans facing issues with housing, health care and mental health. The organization connects veterans with pro bono representation to help stabilize their lives.
In their suit, plaintiffs say the government has ignored their requests, responding “with denials and delays, refusing to disclose records related to gender disparities with the military justice system or the military record corrections boards' handling of sexual assault and harassment claims.” The lawsuit adds that treatment of survivors of MST “cannot be a black box. Defendants' prompt, complete response to the FOIA requests is necessary to bring this important information to light.”
The complaint states that supervisors have retaliated against women for reporting sexual offenses, which often lead to increased risk of post-traumatic stress disorder and substance abuse issues. The complaint also says the plaintiffs have sought a wide range of reforms to the military justice, personnel and discharge review systems.
Connecticut Democratic Sen. Richard Blumenthal, who serves on the Senate's Veterans Affairs and Armed Services committees, said he supports the veterans' groups' lawsuit, and that he hopes, ”combined with legislative action, will begin to break down the unacceptable barriers to justice too many victims face.” Blumenthal authored amendments to the recently passed National Defense Authorization Act, aimed at improving transparency regarding sexual misconduct.
“The military has resisted efforts to end the epidemic of sexual assault and retaliation within its ranks, despite years of congressional attention and reform,” Christensen said. “Service members, members of Congress and the public deserve to know if the military unlawfully discriminates against female service members and survivors of sexual assault.”
Protect Our Defenders notes service members who have experienced MST are at increased risk of problems with the military justice system, and high rates of retaliation against those who report sexual abuse can be career-ending. “Too many of our clients have been forced out of the military for experiencing military sexual trauma but have been denied an upgrade of their discharge status and the critical federal and state benefits that their service merits,” said Margaret Middleton, executive director of the Connecticut Veterans Legal Center. “In the interest of justice, the military must answer for its treatment of veterans struggling with the debilitating effects of military sexual trauma.”
The lawsuit seeks a court order to compel the Departments of Defense and Homeland Security to conduct a reasonable search for pertinent records and to immediately produce wrongfully withheld records under authority of the Freedom of Information Act.
Commander Gary Ross, a member of the public affairs office of the Department of Defense, declined to comment about the lawsuit Thursday, and representatives from the Department of Homeland Security did not respond to requests for comment.
The plaintiffs are being represented by the Jerome N. Frank Legal Services Organization at Yale Law School. Michael Wishnie, a Yale University law professor and supervising attorney for the legal services organization, did not respond to a request for comment.
The case is to be heard by U.S. District Judge Vanessa L. Bryant of the District of Connecticut.
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