Military Justice Improvement Act

Floor Speech

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Ms. COLLINS. Madam President, I am relieved that legislation addressing the crisis of military assault has finally been brought to the Senate Floor, and I commend the Senator from New York, Mrs. Gillibrand, and the Senator from Missouri, Mrs. McCaskill, for their leadership in bringing this important issue to the forefront.

I also acknowledge the courage and conviction of Jennifer Norris and Ruth Moore--two Mainers who were sexually assaulted while serving our country. They have made it their mission to change the broken system that has not put victims first. Through their advocacy they have helped to shine a light on this crisis, and they deserve our gratitude.

In fact, as Senator Gillibrand and I were coming on to the floor, we were stopped by a reporter who asked us: What has made the difference? I said it had been the leadership of the Senator from New York and the Senator from Missouri, but I also pointed to the survivors of military sexual assault who have come forward and been willing to tell their stories, painful though those stories are.

Since 2004, I have been sounding the alarm over the military's ineffective response to the growing crisis of sexual assault in the military, including the need to ensure appropriate punishment for the perpetrators of these crimes, to provide adequate care for the survivor, and to change the culture across the military so that sexual assault is unthinkable.

It was 10 years ago, during an Armed Services Committee hearing, that I first brought up the alarming increase in the number of sexual assaults in the military. Back then the attitude of the witness, GEN George Casey, Jr., then Vice Chief of Staff of the Army, testifying at that hearing was completely dismissive, even though these are serious crimes that traumatize survivors and erode the trust and discipline fundamental to every military unit. I was appalled at the reaction.

While the attitude today among the most senior military leaders is markedly different than the one that I encountered a decade ago, the work of translating the military's stated policy of zero tolerance into reality remains unfinished business. Fostering a culture of zero tolerance so that the number of assaults is greatly diminished remains a goal, not reality. Ensuring that survivors do not think twice about reporting an assault for fear of retaliation or damage to their careers is still not part of the military culture.

In 2011 I joined our former colleague, John Kerry, in introducing the Defense STRONG Act as an initial step to address this crisis. The provisions of that bill, which were signed into law as part of the fiscal year 2012 National Defense Authorization Act, provide survivors of sexual assault the assistance of advocates with genuine confidentiality, guaranteed access to an attorney, and expedited consideration for the victim to be transferred far away from the assailant.

These were helpful first steps. But more than anything, the victims of sexual assaults, the survivors, need to have the confidence the legal system in which they report a crime will produce a just and fair result. We need to encourage more reporting, and that is what Senator Gillibrand's bill will accomplish. This is a goal that I believe is shared by all Members of the Senate, despite our differing opinions on the best path forward for achieving these goals.

In the 113th Congress, a number of proposals have been introduced aimed at reducing the barriers to justice that many survivors of sexual assault face in our military. I have been pleased to work with both Senators Gillibrand and McCaskill toward this end. As a result of our efforts, as well as those of many others, including Chairman Levin and Ranking Member Inhofe, important provisions that all of us agree on have been signed into law as part of this past year's National Defense Authorization Act.

Among those provisions is legislation that I coauthored to extend the STRONG Act to the Coast Guard. In addition, Senator McCaskill and I wrote provisions mandating a dishonorable discharge or dismissal for any servicemember convicted of sexual assault. We also allowed a commander to relocate an alleged perpetrator of a sexual assault crime rather than the survivor. Why should it be the survivor who has to move?

Senator Gillibrand and I authored a provision that eliminates the elements of the character of the accused from the factors a commander could consider, making it more like what would occur in the civilian system. Senator Gillibrand, Senator McCaskill, and I authored a provision that eliminates a commander's ability to overturn a conviction by a jury post trial for major offenses.

I mention these reforms because I am encouraged that we have taken these steps to address this vitally important issue. But more remains to be done. I remain cognizant of the fact there are strong views at the Pentagon and within this body about how we should best move forward from here and what that may mean for the military's unique legal system. But one of the criticisms which I totally reject is that we should just wait a few more months for the result of a few more studies or wait a few more years to see if the recently enacted provisions have made a difference. I strongly disagree.

How many more victims are required to suffer before we act further? How many more lives must be ruined before we take additional steps that we know are required to solve this problem? Rather than waiting for the results of yet more studies, we must continue to enact real reforms to increase the confidence of survivors to come forward and report the crimes, to ensure that perpetrators will be dealt with appropriately, and to strengthen prevention efforts right now.

Senator Gillibrand's bill is a reasonable proposal designed to communicate to survivors and potential perpetrators alike that when survivors are subjected to these unacceptable, horrific crimes, they will have access to a legal system that fully protects their interests. Providing our troops with that basic confidence is the least we can do.

I believe there is no question of Congress' commitment to reducing the instances of sexual assault in the military and providing appropriate redress and care for survivors. While we debate various proposals, we are united by the need for serious reforms that will strengthen the military's response to sexual assaults. But for the leadership of Senator Gillibrand and Senator McCaskill, and the courage of those survivors who were finally willing to come forward and tell their stories and know that we would listen to them, believe them, and act, we would not be here today. I am certain that our work will reduce the unnecessary suffering and injustice felt by those who have survived these horrific crimes.

I thank the Chair.

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