When Silence Isn’t Golden: How one Marine is fighting to be heard
By: Kerri R Jeter
Tags: Rape, Rape Culture, Solitary Confinement, Marine Corps, Military Sexual Trauma

Stealth operations play a critical role in military success but silence isn’t always golden.

Silence is critical for operational security (OPSEC).

Silence is necessary when situating an ambush on the enemy.

Silence is appropriate to pay honor to the fallen during the bugle call for ‘Taps.’

Silence is not golden when a fellow Marine rapes another Marine and the victim is forced to invisibly “fall in line” and “march on” after military sexual trauma.

(A young Marine, Pvt. Thae Ohu celebrates her graduation from basic entry training and prepares to begin her life as a Marine. Photo provided by Pan Pyhu)

Meet Cpl. Thae Ohu of the United States Marine Corps. She enlisted into the elite force of the Marines to better her life but it ended up dismantling it. While Ohu was stationed overseas in Okinawa, she built a family with her fellow service members. They worked hard together but they also partied hard together — a characteristic that is not uncommon for a close-knit unit of troops stationed overseas in a non-combat zone.

However, the climate dramatically shifted for Ohu in August 2015 when she was raped by a fellow Marine. She was left isolated and with no support. After her assault in 2015, Ohu did what any good Marine would do, “charlie mike”, continue mission.

Ohu recounted her assault in a journal entry the morning after the rape. She recounted being roused from an extreme state of unconsciousness, Ohu awoke to a sergeant undressing her and proceeding to have sex with her limp body without her consent in her own handwriting, there was one word she was able to say to her perpetrator and that was the word, please.

Please [stop]. Please [don’t]. She politely asked this so-called ‘respected’ member of her team not to violate her in this manner, but the assailant had no regard for her plea. When she came to the next morning, she felt unrecognizable by her abdominal pain, swollen eyes, and tasseled hair — Ohu chose to stay silent about the incident.

In the immediacy following a rape, survivors often report experiencing a wide range of emotional reactions. Directly following a sexual assault, shock can overwhelm a victim and many force themselves to “carry on as normal” for a myriad of reasons (i.e. shock, fear of victim-blaming, fear of repercussions, etc.) and this mentality appears to be pervasive within survivors of military sexual traumas.

(Proudly showing off her Promotion to Sergeant Certificate, Sgt. Thae Ohu achieved this milestone despite her rape. But would later, be reduced back to Cpl. as a result of a non-judicial punishment in October 2019. Photo provided by Pan Pyhu.)

This is exhibited by Ohu, who wrote about her own silence in a personal statement to the president of her physical evaluation board for medical retirement. She states, “I kept quiet and continue[d] to choose work over my wellbeing while I was in Okinawa and continued that pattern for my duration here stateside.”

The same courage that spurred Ohu to wake from unconsciousness to say “please” is the same courage she applied to continue her service and commitment to her country. Yet just as in her raping, those who swore an oath to safeguard Ohu and tend her wellbeing did not!

In April 2018, Ohu was promoted to Sergeant, a testament to her dutiful service and exemplary behavior. Over the course of her seven-year career, she earned several awards, was a trusted member of her team who was known for her acute attention to detail and regulation knowledge, and she was often sought out by her peers and senior staff to handle complicated administrative matters.

Contrary to her poised outward appearance, Ohu’s attack and the silence surrounding it was festering into her personal and professional life. She began to exhibit intense mood-altering behaviors — anger, depression, helplessness, isolation. She noticed the onset of insomnia and poor appetite which then led to fatigue, which further led to fear of not being able to complete her mission and the abjection of her command.

In October 2018, after receiving a non-judicial punishment, which resulted in a reduction of rank from Sgt. to Cpl., Ohu sought out mental health treatment on her own that began in October 2018 until April 2019. During her mental health treatment from October 2018–April 2019, she was on light-duty so she could focus on trauma-related therapies.

Even though she was on light-duty and undergoing mental health treatment, her command at Marine Corps Detachment Dam Neck treated her as a ‘problem child’.

According to a Department of Defense Inspector General (DoD IG) complaint, made by a former boyfriend of Ohu, MARDET Dam Neck severely mistreated Ohu. According to the complaint, Ohu’s command ostracized her, placed her in a hostile working environment where she was accused of malingering, demanded she work full-days even though she was on light duty due to her treatment, and criticized for taking too long at doctors’ appointments, criticized for taking too long at doctor appointments, and her protective medical information was common office gossip.

Because of the lack of care and concern, Ohu began to spiral out-of-control. As an attempt to get better command understanding she boldly decided to break her silence about the rape that occurred in 2015.

On November 18, 2019, she reported the rape to a Sexual Assault Response Coordinator at the Mid-Atlantic Fleet and Family Support Center, electing to file an Unrestricted Report by signing a DD Form 2910, Victim Reporting Preference Statement. Against policy within mandatory reporting procedures and policies, the form was never uploaded to the Defense Sexual Assault Incident Database. This neglect to upload the document not only violated mandatory reporting stipulations but also created an irreparable level of silence — the silence of care, silence by inaction — and the silence was deafening.

(copy of DD Form 2910, provided by Ohu’s family.)

Ohu remained under the rule of the same command and its toxic climate until the incident that led to her imprisonment in the Navy Consolidated Brig in Chesapeake. Her charge stems from an incident, on April 5, 2020, where a mental breakdown she was experiencing at the time escalated into an altercation with her then-boyfriend, Michael Hinesley, in the home they shared. Police responded to the call and detained Ohu.

Hours later, Ohu was released on bond with the provision that she would receive mental health care at the local naval hospital, which she did. Hinesley, the victim of the attack chose not to press charges and expressed concerns that Ohu was experiencing a mental breakdown related to her PTSD caused by her rape.

That same week, a military protection order was placed on Ohu so she could not have contact with Hinesley.

Two weeks later on April 20, 2020, a remorseful and suicidal Ohu reached out to Hinesley to apologize. After Hinesley did not reply, Ohu returned to their shared home and let herself in with a key. Hinesley confirmed, Ohu was neither hostile nor violent — only desperate for forgiveness and pleading for help!

On April 21, 2020, Ohu failed to report for work and Hinesley feared Ohu was going to commit suicide, so he contacted authorities and the American Red Cross to intervene. Thankfully, they took this request seriously, located Ohu in Jamestown, and she was transported to a psychiatric facility nearby in Williamsburg.

It was apparent to authorities the young Marine was having a mental health crisis.

As quoted in The War Horse article, Cpl. Ohu’s the doctor wrote. “OF CRITICALLY IMPORTANT NOTE, she did not demonstrate the emergence of the syndrome-structured and multi-faceted psychiatric symptom patterns [sic]… until after her experience of military sexual assault while stationed in Okinawa.”

On April 24, 2020, Ohu was released from the facility in Williamsburg and transported to a long-term psychiatric facility.

On June 19, 2020, MARDET Dam Neck intervened and placed her in the Brig Chesapeake where she has been held in pretrial confinement ever since.

“Cpl. Ohu was placed in pretrial confinement under Rule for Courts-Martial 305 in conjunction with the charges currently pending against her before a general court-martial,” said Capt. Samuel Stephenson, Training and Education Command Spokesperson.

From July 31, 2020, to August 11, 2020, Ohu was under an escalated custody status, according to Lt. Cmdr Matthew Knight, the spokesperson for Navy Personnel Command.

According to her family during that time, Ohu developed a urinary tract infection due to poor sanitary conditions which included a non-flushable toilet, limited toilet paper, and no hand sanitizer or soap. As if that wasn’t enough to deal with, Ohu was also menstruating and only allowed to change her sanitary pad once a day during her prescribed shower time.

Not only was Ohu already suffering an on-going mental health crisis, but she was also now in physical pain and restricted from practicing her religious freedoms as well — a triple threat to her holistic well-being and recovery.

“During that time she was not allowed to have any kind of stationery, including a bible, due to safety concerns,” said Knight. “A Chaplain was available upon request to read scripture to her to ensure she had religious accommodations.”

Her sister, Petty Officer 2nd Class Pan Pyhu claims otherwise — Ohu has received very little care from Chaplain services, and the assigned Chaplain at the Brig Chesapeake stopped accepting Pyhu’s calls.

“She really loves God and has always been faithful to his word,” said Pyhu. “It has really been hard for me to see her go through this. She was even at one point denied Chaplain and religious services.”

Due to privacy protection, the Brig Cheasepeake could not provide documentation on the specific timing of the Chaplain’s visits to Ohu.

On August 11, 2020, she left solitary confinement and was escorted to the emergency room where she was diagnosed with a UTI and received medication. Once back at the Brig Chesapeake she entered maximum custody.

“Maximum custody prisoners require special supervision due to their likelihood of escape or are potentially violent or dangerous, and whose escape would cause concern of a threat to life, property, or national security,” said Knight. “Maximum custody prisoners are assigned to a restricted housing unit, are required to wear full restraints outside of their restricted housing, and two escorts must be with them if they are ever outside of the restricted housing unit.”

August 16, 2020, on a call to her sister, Ohu disclosed she had been suffering lingering stomach pains, and despite requesting medical care for several days, still had not been seen by qualified medical personnel. The Navy Corpsman on duty was only able to provide care for cuts, bruises, and broken bones, not internal medicine. Ohu asked to go to the Emergency Room again but was advised by the Command Duty Officer, she was only able to go if her unit signed her out and escorted her there.

MARDET Dam Neck failed to provide an escort for this request, which was a concern of Pyhu, who called the CDO directly and then filed another DoD IG complaint. The same unit that failed her for mental health well-being, is also failing at ensuring her physical well-being.

“She is being treated so unfairly. In federal jail, prisoners that are survivors of sexual assault get treated better than Thae,” said Pyhu.

“Brig Chesapeake has embedded Navy medical personnel (Corpsmen) that support an on-site health clinic and conduct daily in-person treatment,” said Knight. “For medical issues that require more care or specialization, to include mental health services and counseling, Naval Hospital Portsmouth provides both on-site and at the hospital care to the prisoners.”

Information about how transportation or unit involvement could affect the process was not included.

When asked specifically if Ohu had any additional restrictions when it came to obtaining medical care Knight noted that detail of a specific prisoner’s medical treatment is information protected by the HIPAA Privacy Rules, effective April 2003.

Injustice for one is a threat to justice for all.

Overall, the Department of Defense has seen an increase in reported rape cases since 2010, a 42.5% increase to be exact. Rapes reported in the U.S. Marine Corps have increased by 20% since 2010 (SAPR.mil).

In the midst of a global pandemic, we watched the aftermath at Ft. Hood events unfold, following the tragic death of U.S. Army Spc. Vanessa Guillen. We watched earnestly to see Congress make strides to investigate the command, the base, and the soldiers and propose the, I am Vanessa Guillen bill, during the exact same time Ohu was being silenced by the Marine Corps.

“I Am Vanessa Guillén has become a rallying cry across the country for survivors speaking out against the toxic rot in the military around harassment and sexual assault,” Speier, a Democrat from California, said during a press conference on September 16, 2020, from Capitol Hill. While four-hours south on Interstate-95, Ohu sat in a cell, because of retaliation and an on-going lack of care for her well-being as a victim of rape.

Although, Guillen was in the Army and Ohu is in the Marine Corps, the bill proposed by Congress is a measure that would make sexual harassment a punishable crime under the Uniform Code of Military Justice for all branches of service under the Department of Defense.

Clear messaging should be understood by all branches of the military, the message the American people are hearing is that great efforts are being made to care for military sexual trauma survivors and mental health concerns of those who serve but the reality is that they are being punished and silenced whilst their aggressors continue with their lives and careers, unscathed.

The American people believe that the U.S. Military is actively preventing sexual assault through awareness, education, and training. The American people also believe that Marines who are victims of sexual assault are treated with dignity, sensitivity, and without prejudice.

“How does anything the Marine Corps has been done to Thae, in this case, equate to being treated with dignity, sensitivity, and without prejudice,” stated Lindsey Knapp, the Executive Director of Combat Sexual Assault, a non-profit organization that seeks to empower survivors of Military Sexual Trauma by helping them overcome barriers to obtaining justice.

“The answer is — it doesn’t,” continued Knapp.

With the imprisonment of another Marine who is a victim of sexual assault, Pfc. Celeste Largo, elevates the level of concern regarding justice for any Marine who reports such crimes, despite all its claims to the contrary, punishing victims who come forward?

Moreover, as of the writing of this article, both Ohu and Largo named rapists are free and actively serving in the Marines Corps.

Americans’ right to know

The military is responsible for engaging the public, including the media, as an essential part of maintaining the trust and confidence of the American people.

“All hearings, to include the Article 32, UCMJ, hearing that was conducted in this case, are open to the public unless deemed otherwise by a Military Judge, “ said Stephenson. “We encourage media to attend all open sessions of court. The next hearing, in this case, is scheduled for January 25, 2021, at Marine Corps Base Quantico, Virginia.”

However, only one reporter was present at the Article 32 hearing back in October 2020. Kathrine Hafner, the Virginia Pilot Reporter, was there as a personal request. Hafner reported that Military prosecutors say when Ohu attacked Hinesley, she was charged with aggravated assault on an intimate partner, burglary, and communicating a threat, regardless of the fact that Hinesley did not press charges.

She will face a general court-martial in March 2021 even though her Ohu charge was a simple assault, Virginia Misdemeanor Code ASL-1313-M1, no burglary, and no communication of a threat; one that many male counterparts have attained and maintained service status. http://www.vcsc.virginia.gov/VCC_book_MIS.pdf

But now the prosecution team wants to have a judge approve a gag order.

“A motion to limit extrajudicial statements will be heard in an upcoming hearing,” said Stephenson. “Due to regulations governing what information can be released regarding matters pending decision before a court-martial, we are not allowed to discuss the substance of any upcoming motions.”

Gag orders typically forbid individuals from talking about, publishing, or disseminating specified information surrounding military events, but even more alarming is that a gag order can also close the proceedings to the accused’s chosen defense lawyer (hrw.org). The rule gives the pentagon broad discretion to conduct proceedings in secret in order to determine national security levels.

As the looming Gag Order request is set to go before a judge on January 25, 2021, it begs the question, why is the Marine Corps still trying to silence a victim of rape?

According to another War Horse article, the gag order relates to reporting that has been shared online in advocacy groups about how the military treats victims of sexual assault.

So, again, why is the treatment of Ohu so different from other members of the Marine Corps who have assaulted someone due to PTSD?

Why is the public being misdirected to focus on the woman who was raped and mistreated by her superiors instead of focusing on the fact that the person she assaulted refused to press charges against Ohu and the fact that her rapist never received any punishment?

Apparently, the Marine Corps thinks a Facebook group of concerned advocates who gather to pray, share information and provide a source of encouragement for Ohu and her family poses more risk of oversharing information and/or disseminating misinformation than the Marine Corps enabling rape and protecting the predators that lurk within its ranks.

“Ohu is the victim of sexual assault perpetrated by her supervising Marine who works in the Marine legal community which includes prosecutors and victim’s legal counsel. The Marine legal community has swept her unrestricted reporting under the carpet. They have ignored critical evidence and have refused to conduct a legitimate investigation into the matters,” explains Knapp. “They have denied her right victim’s legal counsel, disregarded her deteriorating mental health condition, and threw her into the brig in an effort to silence her while at the same time depriving her of needed medical treatment — to include solitary confinement.”

So we ask you, are these gag orders lawful or simply meant to silence those who wish to expose a misogynistic rape culture that is rotten to the Corps?

Kerri Jeter is the Founder of Freedom Sisters Media, a multimedia company that amplifies Women Veterans. She is a former U.S. Army Public Affairs Officer and knows the value of ensuring public trust when it comes to military culture and context.

Editor: E.V. Moore (editHERs@freedomsisters.com)