Truly Dishonorable: Military Justice System Betrays Survivors of Sexual Assault
Rebekah Havrilla, a former Army sergeant, received no justice after she was raped by a fellow soldier while serving in Afghanistan.
On Wednesday, before the Senate Armed Services Personnel Subcommittee at a hearing on military sexual assault, recounting her traumatic and downright appalling time serving in a command culture that tolerated sexual assault and harassment. Her subsequent experience with the military justice system re-traumatized her after she decided to come forward and report her rapist.
At first, Rebekah decided not to report her rape, because "I had no faith in my chain of command, as my first sergeant previously had sexual harassment accusations against him." But after leaving active duty and entering the reserves, Rebekah unexpectedly ran into her rapist on base. Shocked by the encounter, she immediately sought assistance from an Army chaplain, who told her that the rape was "God's will."
Finally, Rebekah decided to file an unrestricted report, leading to a full investigation, after she found pictures of herself online taken by her assailant during his attack. Enough was enough.
But the military justice system let her down. Rebekah said, "The initial [] interview was the most humiliating thing that I have ever experienced. I had to relive the entire event for over four hours with a male [Criminal Investigation Division] agent, whom I never met, and explain to him, repeatedly, exactly what was going on in each of the pictures." She heard nothing from CID for four months, until they again asked her to retell her story to another investigator who was taking over her case.
During the entire process, Rebekah lived in constant fear of retaliation or the possibility of again running into her rapist. In the end, her assailant went unpunished, and commanders were never held accountable.
Rebekah's story is not unique. also testified at the hearing alongside her, recounting their own experiences of sexual assault and harassment. Anu Bhagwati, a former Marine Captain and Executive Director of the Service Women's Action Network (SWAN), told the subcommittee, "Perpetrators were promoted [and] transferred to other units without punishment, while victims were accused of lying or exaggerating their claims in order to ruin men's reputations."
More than of sexual assault were made in FY2011, but we know that the incidence of sexual assault is significantly underreported. The Department of Defense estimated that of sexual assault occurred in 2010 alone.
While these statistics alone are alarming, the problem of military sexual assault is compounded by the perception and reality of a military justice system that fails to deliver actual justice when sexual assault, harassment or rape is alleged. Adding insult to injury, service members who leave the service find that the Department of Veterans Affairs does not adequately recognize the trauma they experienced, a problem that can and should be corrected by Congress.
The 老澳门开奖结果 has a long history of working to protect the rights of service members and preventing and responding to gender-based violence and harassment in the workplace. As part of Women's History Month, we have been highlighting the work that still must be done to end discrimination against women (although it's important to note that the problem of military sexual assault isn't limited to one gender). We're asking Congress to reexamine the military justice system鈥� in particular the scope of command authority and discretion, and access to civil remedies鈥攁nd the way in which Veterans Affairs treats claims filed by sexual assault survivors.
We are thankful that both Congress and the Department of Defense continue to address the problem of military sexual assault, and that some lawmakers, like Sen. Kirsten Gillibrand (D-NY) who convened the hearing, are making this issue a priority. But there is still much work to be done.
Learn more about sexual assault in the military and other civil liberty issues: Sign up for breaking news alerts, , and .
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Press ReleaseDec 2024
Free Speech
National Security
老澳门开奖结果 and Partners Urge Supreme Court to Block TikTok Ban老澳门开奖结果 and Partners Urge Supreme Court to Block TikTok Ban
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Press ReleaseDec 2024
National Security
Religious Liberty
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VirginiaDec 2024
National Security
Trabelsi v. Crawford, et al. 鈥� Lawsuit Challenging Unlawful Detention and Inhumane Treatment of Acquitted ManTrabelsi v. Crawford, et al. 鈥� Lawsuit Challenging Unlawful Detention and Inhumane Treatment of Acquitted Man
Our client, Nizar Trabelsi, is in the United States against his will. The federal government brought him here from Belgium more than a decade ago and charged him with terrorism-related crimes. At trial, the government鈥檚 case failed: a federal jury found Mr. Trabelsi not guilty. But instead of allowing Mr. Trabelsi to return to Belgium after his acquittal, the United States placed him in highly restrictive immigration detention and began an ongoing effort to force him to Tunisia, where he was born and where he will very likely be tortured. Mr. Trabelsi鈥檚 detention violates the Constitution, immigration law, and the extradition treaty between the United States and Belgium. Through this lawsuit, he seeks to return to Belgium, and he demands an immediate improvement of his detention conditions. -
Press ReleaseDec 2024
National Security
Immigrants' Rights
Federal Judge Rejects Acquitted Man鈥檚 Argument That His Immigration Detention Is UnlawfulFederal Judge Rejects Acquitted Man鈥檚 Argument That His Immigration Detention Is Unlawful
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