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At the direction of President Biden, on February 26, 2021, Secretary of Defense Austin established the 90-Day IRC on Sexual Assault in the Military. The Commission, chaired by Lynn Rosenthal, was charged with conducting "an independent, impartial assessment" of the military's current treatment of sexual assault and sexual harassment. The IRC officially began its review on March 24, 2021. This is the report of this commission. It is published as a convenience to those who may wish to have a quality professionally printed copy of the report.
The U.S. Commission on Civil Rights chose to focus on sexual assault in the U.S. military for its annual 2013 Statutory Enforcement Report. This report examines how the Department of Defense and its Armed Services-the Army, Navy, Marine Corps, and Air Force (the Services)-respond to Service members who report having been sexually assaulted ("victims") and how it investigates and disciplines Service members accused of perpetrating sexual assault ("perpetrators"). This report also reviews how the military educates Service members and trains military criminal investigators and military lawyers about sexual assault offenses. The topic is both relevant and timely, as Congress is currently considering ways to address this issue. The Commission has authority to examine questions related to sexual assault in the military because the issues involve both sex discrimination and the denial of equal protection in the administration of justice.
To assist the U.S. Marine Corps in evaluating its sexual assault prevention programs, the authors of this report identify and develop measures of performance and measures of effectiveness with which to assess the programs. The research team created a logic model framework to guide evaluations and mapped program goals to measures that assess the degree to which each outcome has been achieved.
The U. S. Secretary of the Army appointed the Fort Hood Independent Review Committee(FHIRC or Committee) and directed it to "conduct a comprehensive assessment of the Fort Hoodcommand climate and culture, and its impact, if any, on the safety, welfare and readiness of ourSoldiers and units." In addressing this mandate, the FHIRC determined that during the time periodcovered by the Review, the command climate relative to the Sexual Harassment/Assault Responseand Prevention (SHARP) Program at Fort Hood was ineffective, to the extent that there was apermissive environment for sexual assault and sexual harassment.As set forth in this Report, specific Findings demonstrate that the implementation of theSHARP Program was ineffective. During the review period, no Commanding General or subordinateechelon commander chose to intervene proactively and mitigate known risks of high crime, sexualassault and sexual harassment. The result was a pervasive lack of confidence in the SHARP Programand an unacceptable lack of knowledge of core SHARP components regarding reporting and certainvictim services. Under a structurally weak and under-resourced III Corps SHARP Program, theSexual Assault Review Board (SARB) process was primarily utilized to address administrative and notthe actual substantive aspects of the Program. While a powerful tool by design, the SARB processbecame a missed opportunity to develop and implement proactive strategies to create a respectfulculture and prevent and reduce incidents of sexual assault and sexual harassment. From the III Corpslevel and below, the SHARP Program was chronically under-resourced, due to understaffing, lack oftraining, lack of credentialed SHARP professionals, and lack of funding. Most of all, it lackedcommand emphasis where it was needed the most: the enlisted ranks.A resonant symptom of the SHARP Program's ineffective implementation was significantunderreporting of sexual harassment and sexual assault. Without intervention from the NCOs andofficers entrusted with their health and safety, victims feared the inevitable consequences of reporting: ostracism, shunning and shaming, harsh treatment, and indelible damage to their career. Many haveleft the Army or plan to do so at the earliest opportunity.As part of the command climate, the issues of crime and Criminal Investigation Division(CID) operations were examined. The Committee determined that serious crime issues on and offFort Hood were neither identified nor addressed. There was a conspicuous absence of an effectiverisk management approach to crime incident reduction and Soldier victimization. A militaryinstallation is essentially a large, gated community. The Commander of a military installation possessesa wide variety of options to proactively address and mitigate the spectrum of crime incidents. Despitehaving the capability, very few tools were employed at Fort Hood to do so. Both the Directorate ofEmergency Services (DES) and the CID have a mandate and a role to play in crime reduction.Each contributed very little analysis, feedback and general situational awareness to the command towardfacilitating and enabling such actions. This was another missed opportunity.The deficient climate also extended into the missing Soldier scenarios, where no onerecognized the slippage in accountability procedures and unwillingness or lack of ability of noncommissioned officers (NCOs) to keep track of their subordinates. The absence of any formalprotocols for Soldiers who fail to report resulted in an ad hoc approach by units and Military Police(MP) to effectively address instances of missing Soldiers during the critical first 24 hours, again withadverse consequences.Consistent with the FHIRC Charter, this Report sets forth nine Findings and offers seventyRecommendations.
In 2004, Congress directed the DoD to establish a comprehensive policy to prevent and respond to sexual assaults involving servicemembers. Though not required to do so, the Coast Guard has established a similar program. This statement addresses the extent to which DoD and the Coast Guard: (1) have developed and implemented policies and programs to prevent, respond to, and resolve sexual assault incidents involving servicemembers; (2) have visibility over reports of sexual assault; and (3) exercise oversight over reports of sexual assault. This statement draws on preliminary observations from an ongoing engagement examining DoD¿s and the Coast Guard¿s programs to prevent and respond to sexual assault.