IV 

110TH CONGRESS 

2D SESSION H. CON. RES. 397 

Expressing the sense of the Congress regarding sexual assaults and rape 

in the military. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 29, 2008 

Ms. HARMAN (for herself and Mr. TURNER) submitted the following 

concurrent resolution; which was referred to the Committee on Armed Services 

CONCURRENT RESOLUTION 

Expressing the sense of the Congress regarding sexual 

assaults and rape in the military. 

Whereas since 2002, 59,690 female veterans reported being 

raped, sexually assaulted, or experiencing another form of 

military sexual trauma, constituting almost 20 percent of 

the women seen at VA facilities nationwide, according to 

the Department of Veterans Affairs’ figures; 

Whereas 41 percent of female veterans treated at the West 

Los Angeles VA Health Center reported being sexually 

assaulted while in the military, and 29 percent reported 

being raped during their military service; 

Whereas reported sexual assaults and rapes rose 73 percent 

from 2004 to 2006, according to Department of Defense 

figures; 


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•HCON 397 IH 

Whereas 2,688 reports of sexual assaults were made in fiscal 

year 2007, including 1,259 reports of rape, according to 

the Department of Defense; 

Whereas the chain of command took no action in almost half 

of the cases investigated claiming insufficient evidence 

and the majority of the remainder were dealt with 

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—or 8 percent—subjects investigated during fiscal year 2007 were referred to courts 

martial; 

Whereas civilian law enforcement authorities prosecute 40 

percent of those arrested for rape, according to the 

United States Department of Justice and Federal Bureau of Investigation statistics; 

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 the military’s response was to create the Sexual Assault Prevention and Response Office (SAPRO) in 2005, 

which serves as the single point of accountability and 

oversight for the Department of Defense sexual assault 

policy; 

Whereas SAPRO has improved reporting of sexual assault 

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

Whereas sexual assault and rape are a threat to our national 

security: Now, therefore, be it 


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•HCON 397 IH 

1 Resolved by the House of Representatives (the Senate 

2 concurring), That it is the sense of the Congress that the 

3 Secretary of Defense should develop a comprehensive 

4 strategy to increase and encourage investigation and pros5 ecution of sexual assault and rape cases in the military 

6 that includes the following elements: 

7 (1) Require commanders to be held accountable 

8 for sexual assaults and rapes that occur in their 

9 units and provide justification for disposing of cases 

10 through non-judicial punishment and other adminis11 trative actions. 

12 (2) Develop and enhance existing prevention 

13 and response programs by using proven best-practice 

14 methods to create a culture that prevents sexual as15 sault and rape in the military and encourages more 

16 reporting by victims. 

17 (3) Conduct more aggressive oversight of exist18 ing prevention and response programs, analyze 

19 trends, and establish performance metrics to ensure 

20 that such programs are effective. 

21 (4) Require the Secretary to review current 

22 training methods for all military investigations and 

23 Judge Advocate staff, and implement any improve24 ments that are necessary. 


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•HCON 397 IH 

1 (5) Encourage communication and data sharing 

2 between SAPRO and other military branches to en3 hance coordination and oversight of sexual assault 

4 and rape cases as they move through the legal proc5 ess. 

6 (6) Review the capacity of the legal infrastruc7 ture in the military to investigate and prosecute ef8 fectively sexual assault cases in the military. 

9 (7) Examine any additional barriers (such as 

10 staff availability and adequate resources) on military 

11 bases and facilities in the United States, abroad, 

12 and in theater to conduct effective investigation of 

13 sexual assault and rape cases. 

14 (8) Review command disposition of cases and 

15 identify whether further oversight is required to en16 sure that cases reaching non-judicial ends are justi17 fied. 

18 (9) Classify a military protection order as a 

19 standing military order to assure an investigation 

20 has occurred and command has completely adju21 dicated allegations before the order can be over22 turned. 

23 (10) Establish a policy that mandates the noti24 fication of any military protective order issued on 


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•HCON 397 IH 

1 base to local civilian law enforcement to provide the 

2 continuity of protection of victims. 

3 (11) Ensure that once a servicemember has no4 tified her or his command that she or he has been 

5 sexually assaulted or raped, the command affords 

6 the alleged victim an opportunity for a base transfer 

7 should a military protection order be issued. 

Æ 


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