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; 
VerDate Aug 31 2005 
05:14 Jul 30, 2008
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6300
E:\BILLS\HC397.IH
HC397
jbell on PROD1PC69 with BILLS
•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 in-
vestigated 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 Bu-
reau of Investigation statistics; 
Whereas the absence of aggressive prosecutions by the mili-
tary perpetuates a hostile environment and hinders a vic-
tim’s willingness to report a sexual assault or rape; 
Whereas the military’s response was to create the Sexual As-
sault 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 pros-
ecutions of reported cases; and 
Whereas sexual assault and rape are a threat to our national 
security: Now, therefore, be it 
VerDate Aug 31 2005 
05:14 Jul 30, 2008
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6300
E:\BILLS\HC397.IH
HC397
jbell on PROD1PC69 with BILLS
•HCON 397 IH 
Resolved by the House of Representatives (the Senate 
concurring), That it is the sense of the Congress that the 
Secretary of Defense should develop a comprehensive 
strategy to increase and encourage investigation and pros-
ecution of sexual assault and rape cases in the military 
that includes the following elements: 
(1) Require commanders to be held accountable 
for sexual assaults and rapes that occur in their 
units and provide justification for disposing of cases 
through non-judicial punishment and other adminis-
trative actions. 
(2) Develop and enhance existing prevention 
and response programs by using proven best-practice 
methods to create a culture that prevents sexual as-
sault and rape in the military and encourages more 
reporting by victims. 
(3) Conduct more aggressive oversight of exist-
ing prevention and response programs, analyze 
trends, and establish performance metrics to ensure 
that such programs are effective. 
(4) Require the Secretary to review current 
training methods for all military investigations and 
Judge Advocate staff, and implement any improve-
ments that are necessary. 
VerDate Aug 31 2005 
05:14 Jul 30, 2008
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\HC397.IH
HC397
jbell on PROD1PC69 with BILLS
•HCON 397 IH 
(5) Encourage communication and data sharing 
between SAPRO and other military branches to en-
hance coordination and oversight of sexual assault 
and rape cases as they move through the legal proc-
ess. 
(6) Review the capacity of the legal infrastruc-
ture in the military to investigate and prosecute ef-
fectively sexual assault cases in the military. 
(7) Examine any additional barriers (such as 
staff availability and adequate resources) on military 
bases and facilities in the United States, abroad, 
and in theater to conduct effective investigation of 
sexual assault and rape cases. 
(8) Review command disposition of cases and 
identify whether further oversight is required to en-
sure that cases reaching non-judicial ends are justi-
fied. 
(9) Classify a military protection order as a 
standing military order to assure an investigation 
has occurred and command has completely adju-
dicated allegations before the order can be over-
turned. 
(10) Establish a policy that mandates the noti-
fication of any military protective order issued on 
VerDate Aug 31 2005 
05:14 Jul 30, 2008
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\HC397.IH
HC397
jbell on PROD1PC69 with BILLS
•HCON 397 IH 
base to local civilian law enforcement to provide the 
continuity of protection of victims. 
(11) Ensure that once a servicemember has no-
tified her or his command that she or he has been 
sexually assaulted or raped, the command affords 
the alleged victim an opportunity for a base transfer 
should a military protection order be issued. 
Æ 
VerDate Aug 31 2005 
05:14 Jul 30, 2008
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6301
E:\BILLS\HC397.IH
HC397
jbell on PROD1PC69 with BILLS