III 

110TH CONGRESS 

2D SESSION S. CON. RES. 97 

Expressing the sense of Congress regarding sexual assaults and rape in 

the military. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 10, 2008 

Mrs. CLINTON submitted the following concurrent resolution; which was 

referred to the Committee on Armed Services 

CONCURRENT RESOLUTION 

Expressing the sense of Congress regarding sexual assaults 

and rape in the military. 

Whereas, since 2002, 59,690 female veterans have reported 

being raped or sexually assaulted or experiencing another 

form of sexual trauma while in the military; 

Whereas, according to the Department of Veterans Affairs, 

female veterans reporting rape, sexual assault, or other 

sexual trauma constitute almost 20 percent of the women 

seen at facilities of the Department nationwide; 

Whereas 41 percent of female veterans treated at the West 

Los Angeles Medical Center of the Department of Veterans Affairs reported being sexually assaulted while in 

the military and 29 percent of such veterans reported 

being raped while in the military; 


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•SCON 97 IS 

Whereas the number of reported sexual assaults and rapes in 

the military increased by 73 percent from 2004 to 2006, 

according to the Department of Defense; 

Whereas 2,688 sexual assaults were reported in the military 

in fiscal year 2007, including 1,259 reports of rape, according to the Department of Defense; 

Whereas the military chain of command took no action in almost half of the cases of sexual assault in the military 

investigated by military authorities, claiming insufficient 

evidence, and the majority of the cases in which some action was taken were resolved through nonjudicial punishment or administrative action, which in most cases 

amounts to little more than a slap on the wrist; 

Whereas only 181 of the 2,212 subjects, or 8 percent, investigated by the military for sexual assault during fiscal 

year 2007 were referred to courts martial; 

Whereas civilian law enforcement authorities prosecute approximately 40 percent of individuals arrested for rape, 

according to statistics of the Department of Justice and 

the Federal Bureau of Investigation; 

Whereas the absence of aggressive prosecutions by the military perpetuates a hostile environment and hinders a victim’s willingness to report a sexual assault or rape; 

Whereas, in 2005, the Department of Defense created the 

Sexual Assault Prevention and Response Office, which 

serves as the single point of accountability and oversight 

for the policies of the Department relating to sexual assault; 

Whereas the Sexual Assault Prevention and Response Office 

has improved reporting of sexual assault and rape, but 


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•SCON 97 IS 

still does not track investigations or prosecutions of reported cases; and 

Whereas sexual assault and rape in the military are a threat 

to the national security of the United States: Now, therefore, be it 

1 Resolved by the Senate (the House of Representatives 

2 concurring), That it is the sense of Congress that the Sec3 retary of Defense should develop a comprehensive strategy 

4 to increase and encourage investigation and prosecution 

5 of sexual assault and rape cases in the military that in6 cludes— 

7 (1) requiring commanders to be held account8 able for sexual assaults and rapes that occur in the 

9 units under their command and to provide justifica10 tion for disposing of cases through nonjudicial pun11 ishment and other administrative actions; 

12 (2) developing and enhancing existing preven13 tion and response programs by using proven best14 practice methods to create a culture that prevents 

15 sexual assault and rape in the military and encour16 ages more reporting of sexual assaults and rapes by 

17 victims; 

18 (3) conducting more aggressive oversight of ex19 isting prevention and response programs, estab20 lishing performance metrics to ensure that such proVerDate Aug 31 2005 23:53 Sep 10, 2008 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\SC97.IS SC97

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•SCON 97 IS 

1 grams are effective, and analyzing trends in the pre2 vention and reporting of sexual assaults and rapes; 

3 (4) reviewing current training methods for all 

4 personnel involved in military investigations of sex5 ual assault and rape cases, and for judge advocate 

6 staff, and implementing any improvements that are 

7 necessary; 

8 (5) encouraging communication and data shar9 ing between the Sexual Assault Prevention and Re10 sponse Office and other components of the Armed 

11 Forces and the Department of Defense to enhance 

12 coordination and oversight of sexual assault and 

13 rape cases as those cases move through the legal 

14 process; 

15 (6) reviewing the capacity of the legal infra16 structure of the Armed Forces to investigate and 

17 prosecute effectively sexual assault cases in the mili18 tary; 

19 (7) examining any additional barriers, such as 

20 the availability of staff and the adequacy of re21 sources, on military installations and facilities in the 

22 United States and abroad, and in theaters of oper23 ations, to conduct effective investigations of sexual 

24 assault and rape cases; 


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•SCON 97 IS 

1 (8) reviewing command disposition of cases and 

2 identifying whether additional oversight is required 

3 to ensure that the resolution of cases through non4 judicial means is justified; 

5 (9) classifying a military protection order as a 

6 standing military order to ensure that an investiga7 tion has occurred and appropriate command authori8 ties have completely adjudicated allegations before 

9 the order can be overturned; 

10 (10) establishing a policy that mandates the no11 tification of any military protective order issued at 

12 a military installation to local civilian law enforce13 ment agencies to provide the continuity of protection 

14 to victims; and 

15 (11) ensuring that once a member of the Armed 

16 Forces has notified the member’s command that the 

17 member has been sexually assaulted or raped, the 

18 command affords the member an opportunity for 

19 transfer if a military protection order is issued. 

Æ 


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