The purpose of this essay is to discuss the issue of rape and sexual assault in the military. The number of attacks for rape and sexual assault in the military are at an all-time high. Women have recently been allowed to fight on the front line. While this may be a huge achievement for women-kind, for this woman, it is a very scary thought. I am a junior at Texas Academy of Biomedical Sciences; a school geared towards students wishing to enter the medical field. I may be forced to join the military one day if a war breaks out and women are needed to protect the country. I would be happy to serve my country if I did not have to be scared of my fellow soldiers. Rape and sexual assault are major issues in the military and have been for many years without much effort to decrease the attacks. I am suggesting that unless the rape and sexual assault issue is fixed, the amount of people joining the military, specifically the women, will decrease greatly. I am suggesting that the prosecution of rapists and sexual assaulters should be handled by civilian courts instead of by the military’s own system, like it is currently being handled. This would allow for the attackers to be fairly judged and obtain a formal punishment that they deserve. It is no secret that the military has in the past made up rules as they go concerning rape. No formal punishment is given and most cases are not even considered for trial. This utter lack of concern for the rape and sexual assault victims will dissuade future soldiers from joining the army and the other branches of service. Soldiers will be more scared for their safety from their fellow soldiers than by being killed by the common enemy. I chose you, Mr. Hagel, to write to because I ... ... middle of paper ... ...reporting to need to be altered. The victims need to be able to have their cases heard in civil courts in order to be more fairly compensated for their attacks. The Eighth Amendment to the Constitution of the United States asserts,” Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted,” (source Cornell). This amendment is being violated in the military today. These victims are being punished for being victims. Many victims are forced to leave the military after their attacks and do not receive proper medical attention. Victims are being cruelly treated for crimes committed against them. Works Cited http://www.sapr.mil/ http://www.law.cornell.edu/constitution/eighth_amendment http://www.npr.org/2011/07/03/137536111/by-the-numbers-todays-military http://www.womensmemorial.org/PDFs/StatsonWIM.pdf
From the end of the draft in 1973 to the military data from 2003, the number of women in service rose from 2 percent to 12 percent. A sample of military women studied in 1991 showed 69 percent to have experienced sexual harassmen...
In the case of Sandin v. Conner, DeMont Conner, an inmate at a maximum security correctional facility in Hawaii, was subjected to a strip search in 1987. During the search he directed angry and foul language at the officer. Conner was charged with high misconduct and sentenced to 30 days of segregation by the adjustment committee. Conner was not allowed to present witnesses in his defense. Conner completed the 30-day segregation sentence, after which he requested a review of his case. Upon review, prison administration found no evidence to support the misconduct claim. The State District Court backed the decision, but the Ninth Circuit Court of Appeals found that Sandin had a liberty interest in remaining free from disciplinary segregation. This case is significant because it confronts the question of which constitutional rights individuals retain when they are incarcerated. In Sandin v. Conner, the Supreme Court ultimately ruled that prisoners have a right to due process only when “atypical and significant deprivation” has occurred. Prisons must now be vigilant in protecting the rights of inmates. It is a delicate matter in the sense that, when an individual enters prison, their rights to liberty are by and large being forfeited. The rights in question are important to prisoners because prisons are closed environments where by nature their freedoms are already very limited. They need a well-defined set of rights so that prisons do not unduly infringe on their liberty. Without court intervention, prison administrators would likely not have allowed this particular right, as it adds another layer of bureaucracy that can be seen as interfering with the efficiency of their job. Also, it could lead to a glut of prisoners claiming violations of their rights under the court ruling.
The Supreme Court developed the laws governing Victim Impact Statements based on what they thought was a constitutional conflict where the punishment may be enhanced when a statement made by the victim or family may have more of an impact on the sentencing authority than the severity of the crime (Stevens 2000). Or that the victim impact statement may draw the juries attention away from the evidence at hand and the case being decided through emotional not evidence based means. The Eighth Amendment requires that no excessive bail be required, nor excessive fines imposed, nor cruel and unusual punishments be inflicted.
Picture this. You are heading off to college to begin the next chapter of your life. It is a moment you have always been waiting for. You are past the high school drama, and are ready to start taking classes that will allow you to obtain a degree in something you have always been passionate about. It’s your first week on campus and you are invited to a party being hosted by a group of upper classman. You show up to the party and immediately are handed a red cup with what you know is something you shouldn’t be drinking. You take a sip anyway and soon start talking to that guy in the corner who at first seems friendly, but soon begins to take advantage of you. Just like that everything changes. This is a situation millions of people face every
The Eighth Amendment states “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.” (U.S. Constitution, n.d.).
The common story from victims who report being raped, according to a Military Rape Crisis Center worker, is that they were “met with disbelief and skepticism, blamed for the crime, and disposed of one way or another,” (Kitfield). Until the military stops re-victimizing the victims it will never be able to completely eradicate rape from the ranks.
Thanks to courageous women like Stephanie Schroeder and the Tailhook scandal in 1991, sexual assault in the United States military does not carry the same stigma that it once did. Even Congress is “genuinely embarrassed by the extent of sexual assault in the military. It is conduct unbecoming a soldier and also makes recruiting women more difficult” (Rosen). Unfortunately, it is unlikely that sexual assault will be completely stopped. It can, however, decline through laws. Some proposed laws, like reinstating the ban on women in combat roles and Senator McCaskill’s bill, will not effectively shrink the epidemic. But until a proper solution is put into place, sexual assault will continue to permeate the United States military.
The system of the Prison Industrial Complex operates within the law. The law allows private companies to infiltrate the prison, while keeping prisoners in a subjugated position. The law, under the Eight Amendment obligates prison officials to provide prisoners with “adequate” medical care. This principle applies regardless of whether the medical care provided is by governmental employees or by private medical staff under contract with the government (Project, 2012). If prisoners believe they are being denied their constitutio...
In September 2011, the United States lifted the “Don’t Ask, Don’t Tell” policy (DADT), which restricted gay, lesbian, and bisexuals from openly serving in the military. This was the first time in American history in which people of every sexual orientation could serve openly (“11 Facts About,” n.d.). This was a momentous occasion for some and not so much for others. For those military members that had served in secret and those members that were firmly against gays and lesbians, this repeal had different meaning. Both groups contained members that have served in the military for years and were products of the Former President Bill Clinton’s 1993 “Don’t Ask, Don’t Tell” policy. For many soldiers of this era, communication issues arose due to a pre-existing mentality, learned rules and regulations in services reinforced for two decades and the general cultural within combat related fields.
Rape has been going on since the beginning of time. It is a crime that takes place not only in our country, in our world, but even in our military. The first rape crisis center was established in the 1970’s. Now more than ever, many men and women in the military are coming forward after these horrific assaults are forced against them. Unlike past decades, this tragic and vicious crime is being brought to the fore front, and starting to be addressed more than ever. This is a current, and devastating problem that is effecting men and women globally.
Sexual assault in the military has become one of the most controversial of all issues that have been discussed over the years. The topic has received extensive media coverage and has contributed to multiple media scandals. According to a Newsweek report done in 2011, women are more likely to be assaulted by fellow soldiers than killed in combat. The Department of Defense estimates approximately 19,000 sexual assaults occur per year amongst military personnel. That number is stifling considering that in the last year only 1,108 troops filed for investigation, and of those only 575 cases were processed. Out of the 575 processed cases only 96 went to Court Martial. Obviously from the numbers, sexual assault is a serious issue in the military. Much like in the civilian world there is bias when it comes to the guilt or innocence of the attacker, as well as the validity in the accounts of the accuser. I believe that the system in place may inadvertently contribute to the continuous rise in sexual assaults and that if this system isn’t fixed quickly, it will be detrimental to the organization as a whole. Sexual assault has seriously negative impacts on service members and their families. That impact carries over to their work, limiting mission readiness, and undermining national security.
Rape until 2012 was defined as “The carnal knowledge of a female forcibly and against her will.” It was severely lacking was only updated by the Federal Bureau of Instigation in 2012. It left out an entire section of rape that can be committed which is man being the rape victim. This lead to misclassification of rape of males for years. So even the statistics used till 2014 were underwhelming and inaccurate when it was related to male rape or sexual assault. Rape in the United States is now defined by the Department of Justice as “Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.” Male Rape or men being the sexual assault victims are rarely ever the subject of a dialogue when Sexual Assault is the topic being discussed because rape is generally seen as a heterosexual highly sexed male attack on vulnerable, attractively dressed female victim. Most rapists have alternative outlets for sexual gratification, many take little notice of their victim 's physical attributes, and some may experience sexual dysfunction during the assault.
What do Americans hope for when they send their young men and women to serve their country? Some will say justice and duty; others will hope that their loved ones gain respect and responsibility. But the overall idea that Americans want for their sailors and soldiers, whether overseas or on land, is safety. Safety from harm and from unnecessary evils that may be present in whatever zone they may be entering. What if that idea of safety was a farce? What if the very people we have sent to protect us, are becoming victims, help just a fleeting hope? America’s military is experiencing this epidemic currently. The epidemic is known as sexual assault. The commanding officers in charge of protecting our armed forces from undue violence can, in fact, be the ones hindering their safety and justice based on a myriad of discriminations. Sexual assault cases need to be taken away from military authorities and put into the hands of the civilian justice system to avoid unfair trials and mistreatment of victims. In turn, the results will offer victims and perpetrators fair trials and a chance to be heard.
A survey from the Association of American Universities of 150,000 students found that more than one in four women experience sexual assault during their four years in college. Over the four year college period, 27.2% of female students are victims of unwanted sexual contact that ranges from touching to rape (6). Sexual assault is far too common and it is an epidemic that faces many students in college. Many students suffer from the consequences of sexual assault, which is a result of many social and cultural deficiencies, but it can be fixed through a multifaceted approach. The problem of sexual assault can be fixed through the education of the community, a positive and helpful school environment, and classes focused on prevention.
Rape and sexual violence is a very serious problem that affects millions of people each year. Rape is someone taking advantage of another person sexually. Sexual assault can be verbal, physical, visual, or anything that forces a person to join in unwanted sexual contact or attention. ("Sexual Assault.") Rape is one of the most underreported crimes. In 2002, only thirty-nine percent of rapes and sexual assaults were reported to law officials. ("Sexual Violence: Fact Sheet.") Victims sometimes do not report that they have raped because of shame or feeling that it was their fault. It is never the victim's fault. "Victim blaming" is holding the victim of a crime to be in a whole or in partly responsible for what had happened to them. Most victims believe this. ("Myths and Facts about Sexual Violence.")