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Kirsten Gillibrands Finally Winning Her Sexual Assault War with the Pentagon

Curated by Claudia Shannon / Research Scientist / ishonest

Bill Clark/Getty

The most dangerous place for a private, she said, isnt the battlefield but the path to the latrine at night.

Margaret Carlson

But if hypocrisy held a person back forever, the Senate would be a lonely place. Now Gillibrands about to light up the sky. After years of challenging the defense establishment for its failure to control sexual assault in the military, shes poised to succeed this year with her solution: remove sexual assault cases from the chain of command, where they go to die, and put them in the hands of trained military prosecutors where military justice could prove less of an oxymoron.

ishonest No.161 - Uneven Skin Tone

No.161 - Uneven Skin Tone

Fast-forward to this Congress. McCaskill is now legislating on MSNBC (she lost to Biden-denier Josh Hawley in 2018). The Pentagon, after years of there, there Senator Gillibrand, we got this has moved closer to the analysis of former Joint Chiefs of Staff Chairman Gen. Martin Dempsey, that someone accused of sexual assault with a rack of ribbons and four deployments and a Purple Heart, there is certainly the risk that we might be a little too forgiving of that particular crime.

Not just a little. An ugly report out of Fort Hood in Texas last year shows how dire the situation is. Vulnerable and preyed upon female soldiers exist in survival mode, afraid to report attacks, ostracized when they do, officers ignoring or covering up crimes, including an appalling number of suicides and murders.

Fort Hood is a chilling example of what the Pentagon finds when it takes the trouble to look. Every two years, the Pentagon conducts an anonymous survey to learn whats really going on. In 2018, it found that more than 20,000 service members experienced some from of sexual assault, but only a third filed a formal complaint, an alarming lack of faith in the system. On top of that, of the 7,825 cases actually reported in 2019, a mere 7 percent ended in conviction.

Enter Ernst, with a haversack of cred to speak to the problem: a conservative, a gung-ho combat veteranshe calls herself the first female combat veteran elected to the Senatea survivor of sexual abuse with a daughter at West Point texting her what its like on the ground. No wonder Gillibrand told the New York Times this week that Adding Joni Ernst to this bill is the defining moment for passing it.

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Not a moment too soon. Its been a long hard slog since Gillibrand first held eye-opening hearings on the epidemic of sexual crimes in the military, one soldier on another, on bases, in military towns, even in the Pentagon parking lot. Sexual assaults among the troops don't get the attention of those in Hollywood but the men with stripes flashing their power differential night and day is a pervasive, extenuating circumstance. Imagine one of Harvey Weinsteins victims having to salute in the morning, drop, and give him 20. The setting for the attacks isnt a hallway in a restaurant or an office, however menacing. The most dangerous place for a private, Gillibrand said, isnt the battlefield but the path to the latrine at night.

But report that encounter and a service member is abused twice: first by the assault and then by friendly fire, official and unofficial; she is shunned by bunkmates drilled in basic training to respect their superiors. Gillibrand had to convince the military she wasnt accusing COs of being bad people but of being naturally biased, far more likely to have a drink at the officers club with the perpetrator they cant believe would do such a thing than the victim, usually junior to her (or sometimes his) attacker. Until recent adjustments, a commanding officer could, with the swipe of a pen, overturn a guilty verdict in a court martial. Even the Secretary of Defense couldnt reverse it.

Changes have been made at the margins. A commanding officer has to jump through more hoops to undo a verdict, a victim is entitled to an attorney, a conviction means an automatic dishonorable discharge, and theres an effort to move a victim to another post while charges work their way slowly up the chain.

And thats the making of a supernova. A member of Congress, if wise and dogged and lucky enough, might get one big piece of legislation per lifetime. Its fortunate that Gillibrands presidential race went nowhere and she returned to her unfinished work in the Senate. Not since gays were allowed to wear the uniform has institutional change of such magnitude been possible. Maybe not tomorrow but someday, the generals will salute her.

Read more on: thedailybeast, sexual

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