1 00:00:00,040 --> 00:00:02,040 The military personnel subcommittee 2 00:00:02,040 --> 00:00:05,650 will return from its recess now 3 00:00:06,140 --> 00:00:08,190 And we are going to welcome our 2nd 4 00:00:08,200 --> 00:00:11,380 panel . We're joined by the chair of 5 00:00:11,380 --> 00:00:13,540 the Independent Review Commission on 6 00:00:13,540 --> 00:00:15,651 Sexual assault in the Military . Miss 7 00:00:15,651 --> 00:00:17,920 Lynn Rosenthal . Welcome Major General 8 00:00:17,920 --> 00:00:21,860 James johnson . It's retired . Also a 9 00:00:21,860 --> 00:00:23,693 member of the Independent Review 10 00:00:23,693 --> 00:00:25,693 Commission on Sexual Assault in the 11 00:00:25,693 --> 00:00:28,890 Military dr Colleen , Kellyanne Kyleen . 12 00:00:28,900 --> 00:00:32,140 What's the right , Kyla , Kyla and 13 00:00:32,140 --> 00:00:34,470 Hunter um also a member of the 14 00:00:34,470 --> 00:00:36,470 Independent Review Commission . And 15 00:00:36,470 --> 00:00:38,692 Miss Christina Rose , another member of 16 00:00:38,692 --> 00:00:42,380 the commission . Yeah . And I 17 00:00:42,380 --> 00:00:45,970 think Miss to Cash , who is not in my 18 00:00:45,970 --> 00:00:49,690 notes here , but welcome as well . Um I 19 00:00:49,690 --> 00:00:51,690 understand you all have submitted a 20 00:00:51,690 --> 00:00:53,690 joint statement . MS Rosenthal will 21 00:00:53,690 --> 00:00:55,634 speak on behalf of the I . R . C . 22 00:00:55,634 --> 00:00:57,634 After MS Rosenthal statement , each 23 00:00:57,634 --> 00:00:59,579 member will have an opportunity to 24 00:00:59,579 --> 00:01:01,912 question the witnesses for five minutes . 25 00:01:01,912 --> 00:01:03,801 We respectfully ask the witnesses 26 00:01:03,801 --> 00:01:05,690 summarize their testimony in five 27 00:01:05,690 --> 00:01:07,690 minutes . Your written comments and 28 00:01:07,690 --> 00:01:09,690 statements will be made part of the 29 00:01:09,690 --> 00:01:12,023 hearing record . And with that Mr Rosen . 30 00:01:12,023 --> 00:01:13,968 Thought we welcome you . Thank you 31 00:01:13,968 --> 00:01:16,023 congresswoman and thank you for your 32 00:01:16,023 --> 00:01:18,190 leadership over all these many years . 33 00:01:18,190 --> 00:01:20,134 Ranking member Gallagher and other 34 00:01:20,134 --> 00:01:19,350 distinguished members of the 35 00:01:19,350 --> 00:01:21,200 subcommittee . Thank you for the 36 00:01:21,200 --> 00:01:23,422 opportunity to present the findings and 37 00:01:23,422 --> 00:01:25,367 recommendations of the Independent 38 00:01:25,367 --> 00:01:27,533 Review Commission on Sexual Assault in 39 00:01:27,533 --> 00:01:29,756 the Military . I also want to recognize 40 00:01:29,756 --> 00:01:31,922 the leadership of Secretary Austin and 41 00:01:31,922 --> 00:01:34,580 Dr Hicks and the service leaders who 42 00:01:34,580 --> 00:01:37,210 met with the IRC and shared their views . 43 00:01:37,640 --> 00:01:40,010 The ICC was comprised of 12 highly 44 00:01:40,010 --> 00:01:41,954 qualified experts from outside the 45 00:01:41,954 --> 00:01:44,066 Department of Defense , three of whom 46 00:01:44,066 --> 00:01:46,288 are with me today . Five of the I . R . 47 00:01:46,288 --> 00:01:48,343 C . S . Members were former military 48 00:01:48,343 --> 00:01:50,300 commanders and two served as judge 49 00:01:50,300 --> 00:01:53,250 advocates . As you know , the IRC made 50 00:01:53,250 --> 00:01:55,800 82 recommendations across four lines of 51 00:01:55,800 --> 00:01:57,980 effort , accountability , prevention , 52 00:01:57,990 --> 00:02:00,212 climate and culture and victim care and 53 00:02:00,212 --> 00:02:02,520 support because leadership is at the 54 00:02:02,520 --> 00:02:04,690 heart of military culture and unit 55 00:02:04,690 --> 00:02:07,290 climate . These recommendations target 56 00:02:07,290 --> 00:02:10,750 leaders at all levels . For decades . 57 00:02:10,760 --> 00:02:13,020 As you well know , service leaders have 58 00:02:13,020 --> 00:02:15,020 said that there is no tolerance for 59 00:02:15,020 --> 00:02:16,909 sexual harassment and that sexual 60 00:02:16,909 --> 00:02:18,964 assault has no place in our military 61 00:02:19,240 --> 00:02:21,351 and yet in the daily lives of service 62 00:02:21,351 --> 00:02:23,184 members , sexual harassment goes 63 00:02:23,184 --> 00:02:25,650 unchecked and sexual assault is poorly 64 00:02:25,650 --> 00:02:28,290 handled . This has resulted in broken 65 00:02:28,290 --> 00:02:31,050 trust between service members and 66 00:02:31,050 --> 00:02:33,850 commanders . This damage trust has 67 00:02:33,850 --> 00:02:36,060 consequences for the military justice 68 00:02:36,060 --> 00:02:38,620 system , which the IRC found is ill 69 00:02:38,620 --> 00:02:40,731 equipped to handle crimes like sexual 70 00:02:40,731 --> 00:02:43,420 assault . The current system puts legal 71 00:02:43,420 --> 00:02:45,910 decisions about these complex cases in 72 00:02:45,910 --> 00:02:47,780 the hands of commanders whose 73 00:02:47,780 --> 00:02:50,190 leadership is better suited to other 74 00:02:50,190 --> 00:02:52,930 aspects of sexual assault , prevention 75 00:02:52,940 --> 00:02:55,710 and response . Sexual assault and 76 00:02:55,710 --> 00:02:58,400 related crimes can be re traumatizing 77 00:02:58,400 --> 00:03:00,980 for victims and create the perception 78 00:03:00,990 --> 00:03:04,730 of conflict of interest for commanders , 79 00:03:04,780 --> 00:03:08,350 they require greater specialization and 80 00:03:08,350 --> 00:03:11,330 sensitivity to the complex dynamics 81 00:03:11,510 --> 00:03:14,830 that are often present . For these 82 00:03:14,830 --> 00:03:17,890 reasons , the IRC has recommended 83 00:03:17,890 --> 00:03:20,410 shifting decisions about sexual assault 84 00:03:20,420 --> 00:03:23,160 and related criminal prosecutions to 85 00:03:23,160 --> 00:03:25,990 experience special victims prosecutors 86 00:03:26,000 --> 00:03:29,200 outside the chain of command . We 87 00:03:29,200 --> 00:03:31,290 recommend that these special victim 88 00:03:31,290 --> 00:03:33,560 prosecutors have civilian oversight 89 00:03:33,740 --> 00:03:36,380 within the Department of Defense . The 90 00:03:36,380 --> 00:03:39,780 IRC emphasizes , however , that making 91 00:03:39,780 --> 00:03:42,530 changes to the military justice system 92 00:03:42,530 --> 00:03:45,920 alone will not reduce sexual 93 00:03:45,920 --> 00:03:48,530 assault , investing in prevention , 94 00:03:48,540 --> 00:03:51,200 improving command climates and 95 00:03:51,200 --> 00:03:54,210 enhancing victim care are equally 96 00:03:54,220 --> 00:03:57,150 necessary . The I . R . C . S . Climate 97 00:03:57,160 --> 00:03:59,950 and culture experts identified outdated 98 00:03:59,950 --> 00:04:02,840 social and gender norms that contribute 99 00:04:02,840 --> 00:04:05,830 to a culture of hostility toward women , 100 00:04:05,840 --> 00:04:08,170 increasing the risk of sexual 101 00:04:08,180 --> 00:04:11,500 harassment and assault . We also found 102 00:04:11,500 --> 00:04:14,190 that the cyber domain can be as strong 103 00:04:14,200 --> 00:04:17,070 an influence on unit climate as real 104 00:04:17,070 --> 00:04:19,237 time interactions and that leaders are 105 00:04:19,237 --> 00:04:22,300 poorly equipped to deal with this ever 106 00:04:22,300 --> 00:04:24,840 changing environment . We've made a 107 00:04:24,840 --> 00:04:27,390 series of recommendations to improve 108 00:04:27,400 --> 00:04:30,490 unit climate , including better methods 109 00:04:30,490 --> 00:04:34,470 to select , develop and evaluate 110 00:04:34,620 --> 00:04:37,880 leaders . The IRC found critical 111 00:04:37,880 --> 00:04:40,047 deficiencies throughout the work force 112 00:04:40,047 --> 00:04:42,180 charged with responding to sexual 113 00:04:42,180 --> 00:04:44,630 harassment and assault . These 114 00:04:44,630 --> 00:04:47,970 deficiencies have multiple causes , 115 00:04:48,090 --> 00:04:50,560 including frequent rotations of service 116 00:04:50,560 --> 00:04:53,050 members in essential positions and 117 00:04:53,060 --> 00:04:55,490 underfunded mandates . This is 118 00:04:55,490 --> 00:04:58,290 particularly apparent in victim care 119 00:04:58,300 --> 00:05:00,570 where there are thousands of collateral 120 00:05:00,570 --> 00:05:02,626 duty victim advocates , many of whom 121 00:05:02,626 --> 00:05:05,150 are volatile old to serve as their 122 00:05:05,150 --> 00:05:07,860 units advocate in the off hours . This 123 00:05:07,860 --> 00:05:10,770 practice results in poor care for 124 00:05:10,770 --> 00:05:13,850 victims in the military justice system . 125 00:05:14,000 --> 00:05:16,370 The lack of dedicated career tracks and 126 00:05:16,370 --> 00:05:18,860 billets for prosecutors , investigators 127 00:05:18,860 --> 00:05:21,750 and special victims counsel results in 128 00:05:21,750 --> 00:05:24,580 a critical lack of experience . one 129 00:05:24,580 --> 00:05:26,691 Survivor told us that over the course 130 00:05:26,691 --> 00:05:28,691 of her case , She had two different 131 00:05:28,691 --> 00:05:30,750 prosecution teams and four different 132 00:05:30,750 --> 00:05:33,810 special victims counsel . These 133 00:05:33,810 --> 00:05:37,380 workforce deficiencies also extend to 134 00:05:37,380 --> 00:05:39,820 prevention . These activities or 135 00:05:39,820 --> 00:05:42,190 prevention responsibilities are often 136 00:05:42,190 --> 00:05:44,079 assigned a personnel who lack the 137 00:05:44,079 --> 00:05:46,820 capacity to design , implement and 138 00:05:46,820 --> 00:05:49,900 evaluate science based prevention 139 00:05:50,070 --> 00:05:53,190 initiatives . The military requires the 140 00:05:53,190 --> 00:05:56,000 resources to make long term investments 141 00:05:56,330 --> 00:05:58,920 and a prevention workforce if we want 142 00:05:58,930 --> 00:06:01,930 to move the needle , it is also in the 143 00:06:01,930 --> 00:06:04,230 best interest of D . O . D . And the 144 00:06:04,230 --> 00:06:06,680 services to learn more about the risk 145 00:06:06,680 --> 00:06:09,130 they take in recruiting members to the 146 00:06:09,130 --> 00:06:12,110 force . And this includes studying and 147 00:06:12,110 --> 00:06:15,780 piloting compatibility assessments and 148 00:06:15,780 --> 00:06:18,770 alarmingly the IRC found critical 149 00:06:18,780 --> 00:06:21,750 failings and victim care and support . 150 00:06:22,240 --> 00:06:25,350 Every survivor that we interviewed told 151 00:06:25,350 --> 00:06:27,730 us that they regretted making a report 152 00:06:27,740 --> 00:06:31,360 whether restricted or unrestricted . 153 00:06:31,840 --> 00:06:34,420 Nearly all the survivors who we heard 154 00:06:34,420 --> 00:06:37,140 from had contemplated or attempted 155 00:06:37,280 --> 00:06:40,510 suicide recommendations to improve 156 00:06:40,510 --> 00:06:43,700 victim care include shifting sexual 157 00:06:43,700 --> 00:06:46,000 assault response coordinators out of 158 00:06:46,000 --> 00:06:48,730 the command structure and victim 159 00:06:48,730 --> 00:06:51,590 advocates as well , largely eliminating 160 00:06:51,590 --> 00:06:53,760 collateral duty victim advocates and 161 00:06:53,760 --> 00:06:56,740 expanding access to behavioral health 162 00:06:56,750 --> 00:06:58,694 services . And we have a number of 163 00:06:58,694 --> 00:07:01,650 recommendations in that regard because 164 00:07:01,650 --> 00:07:04,410 of the IRC is urgent concern for 165 00:07:04,410 --> 00:07:06,970 victim's safety and wellbeing . We 166 00:07:06,970 --> 00:07:09,900 recommend that this area be prioritized 167 00:07:09,900 --> 00:07:12,560 for immediate action . We also 168 00:07:12,560 --> 00:07:15,390 identified the related need to improve 169 00:07:15,390 --> 00:07:17,390 the response to domestic violence , 170 00:07:17,390 --> 00:07:19,446 which is inherently linked to sexual 171 00:07:19,446 --> 00:07:22,470 assault . The I . R . C . Recognizes 172 00:07:22,470 --> 00:07:24,637 that our report presents a challenging 173 00:07:24,637 --> 00:07:27,330 picture , but we believe that with 174 00:07:27,330 --> 00:07:29,630 leadership and resources , significant 175 00:07:29,630 --> 00:07:33,070 progress can and will be made . And I'm 176 00:07:33,070 --> 00:07:35,010 joined by Megan to cash from our 177 00:07:35,010 --> 00:07:37,240 accountability line of effort , Kai 178 00:07:37,240 --> 00:07:39,240 Hunter from our climate and culture 179 00:07:39,240 --> 00:07:41,960 line of effort and James johnson from 180 00:07:41,960 --> 00:07:44,127 our prevention line of effort . And as 181 00:07:44,127 --> 00:07:46,349 you know , that Chris Rose is also here 182 00:07:46,349 --> 00:07:48,516 with us today from the victim care and 183 00:07:48,516 --> 00:07:50,460 support . So we're happy to answer 184 00:07:50,460 --> 00:07:53,300 questions . Thank you . Mr Rosenthal . 185 00:07:53,310 --> 00:07:56,310 I must say that in reading this report , 186 00:07:56,320 --> 00:07:59,250 I was I was so 187 00:07:59,640 --> 00:08:02,660 impressed and um 188 00:08:04,740 --> 00:08:08,000 clear that you all in a very short 189 00:08:08,000 --> 00:08:11,980 period of time . Got it . And um 190 00:08:11,990 --> 00:08:14,810 it's just reassuring to those of us 191 00:08:14,810 --> 00:08:16,921 who've been working in this issue erI 192 00:08:16,921 --> 00:08:19,670 for so long that we weren't going crazy 193 00:08:19,680 --> 00:08:22,850 that in fact there were those 194 00:08:22,850 --> 00:08:25,600 professionals who could come in and 195 00:08:25,600 --> 00:08:27,711 look at the problem and recognize the 196 00:08:27,711 --> 00:08:29,711 issues . Let me start by asking you 197 00:08:29,711 --> 00:08:32,620 this chairman chairwoman protective 198 00:08:32,620 --> 00:08:35,870 orders . 2/3 of our service members 199 00:08:35,870 --> 00:08:39,550 live off base , 1/3 on base 200 00:08:39,880 --> 00:08:43,630 and the protective orders that exist 201 00:08:43,860 --> 00:08:46,840 right now um are from the commander . 202 00:08:46,850 --> 00:08:49,590 They don't carry any weight outside of 203 00:08:49,600 --> 00:08:53,120 um the base and there's a growing 204 00:08:53,130 --> 00:08:56,310 need to um create these military 205 00:08:56,310 --> 00:08:58,890 protective orders that are issued by a 206 00:08:58,890 --> 00:09:01,890 military judge . Um You recommend that 207 00:09:01,900 --> 00:09:05,230 in your report it is not in the 208 00:09:05,230 --> 00:09:07,397 department's recommendations . Can you 209 00:09:07,397 --> 00:09:09,720 explain why it's so important um to 210 00:09:09,720 --> 00:09:12,950 change this in the system ? Sorry . Yes , 211 00:09:13,340 --> 00:09:15,507 yes . Megan to cash , we welcome you . 212 00:09:16,640 --> 00:09:20,180 Thank you ma'am . Every county tribe 213 00:09:20,190 --> 00:09:22,310 and territory in the United States of 214 00:09:22,310 --> 00:09:26,220 America has complied with the full 215 00:09:26,220 --> 00:09:28,331 faith and credit clause of the United 216 00:09:28,331 --> 00:09:30,630 States Constitution . The IRC believes 217 00:09:30,630 --> 00:09:33,050 that the military can and should do the 218 00:09:33,050 --> 00:09:35,440 same . This is something that is not 219 00:09:35,440 --> 00:09:38,960 controversial . Creating a judge issued 220 00:09:38,960 --> 00:09:41,730 military protective orders . Is its 221 00:09:41,730 --> 00:09:44,420 time has come in the military . Just as 222 00:09:44,420 --> 00:09:47,580 you said , Ma'am , Over 60% of service 223 00:09:47,580 --> 00:09:50,080 members live off of installations and 224 00:09:50,080 --> 00:09:52,247 to be able to have military protective 225 00:09:52,247 --> 00:09:54,860 orders that are enforceable , both on 226 00:09:54,860 --> 00:09:57,770 and off military installations is 227 00:09:57,770 --> 00:10:00,770 critical . This is a victim facing 228 00:10:00,780 --> 00:10:03,850 issue . It is a safety issue and is one 229 00:10:03,860 --> 00:10:07,760 that needs to be addressed now . Thank 230 00:10:07,760 --> 00:10:11,050 you . DR Hunter , the 231 00:10:11,840 --> 00:10:14,480 A command climate surveys we found from 232 00:10:14,490 --> 00:10:16,323 the fort hood independent review 233 00:10:16,323 --> 00:10:19,140 committee were not even being um 234 00:10:19,150 --> 00:10:20,872 reviewed . Uh tell us what the 235 00:10:20,872 --> 00:10:22,872 commission's recommendations are on 236 00:10:22,872 --> 00:10:24,983 climate surveys and how is that going 237 00:10:24,983 --> 00:10:27,206 to change the dynamic ? Yes , thank you 238 00:10:27,206 --> 00:10:29,372 so much man for that question . As you 239 00:10:29,372 --> 00:10:31,317 noted that command climate surveys 240 00:10:31,317 --> 00:10:33,680 particularly detox which are done once 241 00:10:33,680 --> 00:10:36,110 a year are do have a very important 242 00:10:36,110 --> 00:10:38,760 role but there are over 100 questions 243 00:10:38,760 --> 00:10:41,010 on them . They are often not released 244 00:10:41,010 --> 00:10:43,200 in a timely fashion and there is no 245 00:10:43,200 --> 00:10:45,280 accountability mechanism to hold 246 00:10:45,290 --> 00:10:47,401 commanders accountable for addressing 247 00:10:47,401 --> 00:10:49,568 what those deficiencies are . So , our 248 00:10:49,568 --> 00:10:51,734 recommendation here centres around one 249 00:10:51,734 --> 00:10:54,850 a study to look at What tools would be 250 00:10:54,850 --> 00:10:57,210 effective for commanders . But more 251 00:10:57,210 --> 00:10:59,530 than that , the introduction of Pulse 252 00:10:59,530 --> 00:11:02,490 surveys which would be quick 3-5 253 00:11:02,490 --> 00:11:05,260 questions done on a regular intervals 254 00:11:05,260 --> 00:11:07,316 and that's really up to services and 255 00:11:07,316 --> 00:11:09,371 installations to determine what that 256 00:11:09,371 --> 00:11:11,890 intervals is . But they provide real 257 00:11:11,890 --> 00:11:15,560 time actionable and easy to understand 258 00:11:15,640 --> 00:11:17,807 information for the commanders because 259 00:11:17,807 --> 00:11:19,862 commanders can't fix what they don't 260 00:11:19,862 --> 00:11:21,918 know is happening there and time and 261 00:11:21,918 --> 00:11:23,918 time again we heard from commanders 262 00:11:23,918 --> 00:11:26,430 that they just didn't know how big or 263 00:11:26,430 --> 00:11:28,650 bad issues were there . So this is , 264 00:11:28,650 --> 00:11:31,020 this is an essential tool . We saw this 265 00:11:31,030 --> 00:11:33,660 implemented in Fort Hood by the Fort 266 00:11:33,660 --> 00:11:36,810 Hood IRC and it provided incredible 267 00:11:36,820 --> 00:11:38,780 information to command there as to 268 00:11:38,780 --> 00:11:40,891 really the depth and breadth of the , 269 00:11:40,891 --> 00:11:43,113 of the problem . I think the V . A . Is 270 00:11:43,113 --> 00:11:45,391 using that system now . Yes , they are , 271 00:11:45,391 --> 00:11:47,613 they are very important , best practice 272 00:11:47,613 --> 00:11:49,391 to look at when we look at what 273 00:11:49,391 --> 00:11:51,447 oversight to actually implement this 274 00:11:51,447 --> 00:11:53,280 would be . Uh Doctor , would you 275 00:11:53,280 --> 00:11:55,336 restate the story ? You just told me 276 00:11:55,336 --> 00:11:58,690 that actually made my heart sink 277 00:11:59,540 --> 00:12:02,790 about the service member And I guess in 278 00:12:02,790 --> 00:12:06,750 Iraq , Yes Ma'am , um PFC uh Johnson , 279 00:12:06,750 --> 00:12:09,890 she was found in her tent in 2005 . 280 00:12:09,890 --> 00:12:13,710 Iraq dead . Her death was ruled a 281 00:12:13,710 --> 00:12:17,010 suicide . However , autopsy report 282 00:12:17,020 --> 00:12:20,960 revealed rape and battery had occurred . 283 00:12:21,440 --> 00:12:23,830 And yet they closed the case . They 284 00:12:23,830 --> 00:12:26,190 said no more . Her family is continuing 285 00:12:26,190 --> 00:12:28,460 to press for answers and the army isn't 286 00:12:28,840 --> 00:12:31,070 reopening or addressing her case . And 287 00:12:31,070 --> 00:12:33,230 so when we really think about getting 288 00:12:33,240 --> 00:12:36,100 at the depth of issues on campus and 289 00:12:36,100 --> 00:12:38,800 there are she , she has huge 290 00:12:38,810 --> 00:12:40,921 intersectional issues . When you look 291 00:12:40,921 --> 00:12:43,530 at the impact of racial discrimination , 292 00:12:43,540 --> 00:12:45,762 ethnic discrimination , some of the mos 293 00:12:45,762 --> 00:12:47,873 discrimination that that exists . And 294 00:12:47,873 --> 00:12:50,140 so giving to commanders tools to 295 00:12:50,140 --> 00:12:52,890 actually understand the depth of what's 296 00:12:52,890 --> 00:12:54,890 going on in their commands is 297 00:12:54,900 --> 00:12:57,660 absolutely essential . Thank you . Uh 298 00:12:57,670 --> 00:13:01,110 Mr Cash . I worked for a period of time 299 00:13:01,120 --> 00:13:03,176 on the issue of sexual harassment in 300 00:13:03,176 --> 00:13:05,690 Congress . And as a result of that 301 00:13:05,690 --> 00:13:09,210 effort , we passed a house rule 302 00:13:09,220 --> 00:13:12,410 that requires members . Um actually , 303 00:13:12,410 --> 00:13:15,650 it's a an act requires members if they 304 00:13:15,660 --> 00:13:17,827 are found to have sexually harassed or 305 00:13:17,827 --> 00:13:20,040 they um , settled in a sexual 306 00:13:20,040 --> 00:13:23,020 harassment case , um , that the 307 00:13:23,030 --> 00:13:24,974 settlement would not come from the 308 00:13:24,974 --> 00:13:28,060 taxpayers but would come from the 309 00:13:28,070 --> 00:13:31,760 members pockets . And I thought that 310 00:13:31,760 --> 00:13:33,204 was a way of establishing 311 00:13:33,204 --> 00:13:35,316 accountability and , and hopefully to 312 00:13:35,316 --> 00:13:37,482 discourage that kind of behavior . I'm 313 00:13:37,482 --> 00:13:39,427 trying to grapple with . How do we 314 00:13:39,427 --> 00:13:41,330 compensate the victims of sexual 315 00:13:41,330 --> 00:13:43,580 harassment and sexual assault in the 316 00:13:43,580 --> 00:13:45,358 military , where there has been 317 00:13:45,358 --> 00:13:48,850 negligence by the command , um , 318 00:13:48,860 --> 00:13:52,060 in not providing the care and 319 00:13:52,300 --> 00:13:55,490 justice . And how do we hold the 320 00:13:55,490 --> 00:13:57,601 perpetrators accountable as well ? Do 321 00:13:57,601 --> 00:13:59,712 you have any thoughts on that ? Yes , 322 00:13:59,712 --> 00:14:02,370 ma'am . Under the current construct , 323 00:14:02,380 --> 00:14:06,330 there is no civil avenue of recourse in 324 00:14:06,330 --> 00:14:08,870 the military for military service 325 00:14:08,870 --> 00:14:10,537 members who experience sexual 326 00:14:10,537 --> 00:14:12,203 harassment to be able to seek 327 00:14:12,203 --> 00:14:14,037 compensation from other military 328 00:14:14,037 --> 00:14:16,570 members . One of the recommendations , 329 00:14:16,580 --> 00:14:19,160 however , that we made as an I . R . C . 330 00:14:19,440 --> 00:14:21,960 Was , we believe deeply that there 331 00:14:21,960 --> 00:14:24,640 should be a mandatory restitution 332 00:14:24,640 --> 00:14:26,830 provisions for victims of sexual 333 00:14:26,830 --> 00:14:28,886 harassment and sexual assault within 334 00:14:28,886 --> 00:14:31,430 the military context . That mirrors the 335 00:14:31,430 --> 00:14:33,560 mandatory victims Restitution Act of 336 00:14:33,560 --> 00:14:37,370 1996 . It's really a matter of equity 337 00:14:37,370 --> 00:14:39,537 when you think about it , just because 338 00:14:39,537 --> 00:14:41,648 you are sexually harassed or sexually 339 00:14:41,648 --> 00:14:43,870 assaulted in the military should not be 340 00:14:43,870 --> 00:14:46,620 a bar to be able to seek a form of 341 00:14:46,620 --> 00:14:48,820 restitution . So that's why we made 342 00:14:48,820 --> 00:14:51,180 that recommendation . We left it up to 343 00:14:51,180 --> 00:14:54,710 the department to uh , understand how 344 00:14:54,720 --> 00:14:57,530 and what that would look like . But we , 345 00:14:57,530 --> 00:15:01,210 as a commission felt very strongly that , 346 00:15:01,220 --> 00:15:04,150 again , as a matter of equity members 347 00:15:04,150 --> 00:15:05,983 who are sexually harassed in the 348 00:15:05,983 --> 00:15:08,094 military or sexually assaulted in the 349 00:15:08,094 --> 00:15:10,250 military should have equal access to 350 00:15:10,250 --> 00:15:12,460 justice in the form of restitution . 351 00:15:13,140 --> 00:15:16,380 Thank you . My colleague Mr Gallagher's 352 00:15:16,380 --> 00:15:19,270 recognized for seven minutes . Thank 353 00:15:19,270 --> 00:15:21,900 you . Online harassment is mentioned 354 00:15:21,910 --> 00:15:24,560 throughout your report and MS Rosenthal , 355 00:15:24,560 --> 00:15:26,616 I appreciate very much your comments 356 00:15:26,616 --> 00:15:29,760 about the um importance and salience of 357 00:15:29,770 --> 00:15:32,130 prevention uh in this in this space . 358 00:15:32,130 --> 00:15:33,908 But I'd be curious sort of with 359 00:15:33,908 --> 00:15:36,130 prevention in mind and the complexities 360 00:15:36,130 --> 00:15:38,352 of online harassment in mind . I mean , 361 00:15:38,352 --> 00:15:40,930 what what preventative tools work well 362 00:15:40,930 --> 00:15:43,041 in that space . And what do you think 363 00:15:43,041 --> 00:15:44,986 commanders and leaders are missing 364 00:15:44,986 --> 00:15:46,819 about online harassment ? Yeah , 365 00:15:50,540 --> 00:15:52,484 I'm gonna turn first to Kai Hunter 366 00:15:52,484 --> 00:15:54,596 because this is her area of expertise 367 00:15:54,596 --> 00:15:56,651 and then James johnson to talk about 368 00:15:56,651 --> 00:15:58,940 prevention . Thank you . Thank you so 369 00:15:58,940 --> 00:16:01,051 much , sir for this question . You as 370 00:16:01,051 --> 00:16:03,730 as you noted , online harassment is a 371 00:16:03,740 --> 00:16:06,770 huge problem and one of the biggest 372 00:16:06,770 --> 00:16:08,881 findings from the commission and it's 373 00:16:08,881 --> 00:16:11,120 something that you are all well aware 374 00:16:11,120 --> 00:16:13,453 of from your oversight hearings as well , 375 00:16:13,453 --> 00:16:15,590 is that there is a huge gulf between 376 00:16:15,590 --> 00:16:18,660 what the most senior leaders in our 377 00:16:18,660 --> 00:16:21,350 military no one have experienced in the 378 00:16:21,350 --> 00:16:24,210 online community and what our junior , 379 00:16:24,210 --> 00:16:26,154 especially junior enlisted service 380 00:16:26,154 --> 00:16:28,099 members know and experience in the 381 00:16:28,099 --> 00:16:30,300 online community . Um primarily with 382 00:16:30,300 --> 00:16:32,467 the idea of just being digital natives 383 00:16:32,467 --> 00:16:34,760 to our junior enlisted service members 384 00:16:34,760 --> 00:16:36,700 are junior young officers . What 385 00:16:36,700 --> 00:16:40,470 happens in the online world is real and 386 00:16:40,470 --> 00:16:43,030 it has just a big impact on them is 387 00:16:43,030 --> 00:16:45,070 what happens in face to face 388 00:16:45,240 --> 00:16:47,830 interactions . So one of the first 389 00:16:47,830 --> 00:16:50,052 things that needed , and this goes back 390 00:16:50,052 --> 00:16:52,052 to the ideas of surveys and climate 391 00:16:52,052 --> 00:16:54,350 surveys , is deliberate efforts and 392 00:16:54,360 --> 00:16:57,090 actually tracking the prevalence of 393 00:16:57,100 --> 00:16:59,267 online harassment . We know that there 394 00:16:59,267 --> 00:17:01,350 is a continuum and that often what 395 00:17:01,350 --> 00:17:03,630 starts as harassment on the in the 396 00:17:03,640 --> 00:17:06,400 online world extends into the physical 397 00:17:06,400 --> 00:17:08,233 world , especially when we start 398 00:17:08,233 --> 00:17:10,400 talking about cyber stalking . We know 399 00:17:10,400 --> 00:17:12,622 from the one survey that's been done of 400 00:17:12,622 --> 00:17:15,750 this , 30% of service members who had 401 00:17:15,750 --> 00:17:17,861 been harassed said it was online . So 402 00:17:17,861 --> 00:17:20,100 this is this is real . So one is first 403 00:17:20,110 --> 00:17:21,999 being deliberate and getting that 404 00:17:21,999 --> 00:17:24,110 information out there . The knicks is 405 00:17:24,110 --> 00:17:25,888 when we think about command and 406 00:17:25,888 --> 00:17:28,200 preparing people for command as part of 407 00:17:28,210 --> 00:17:30,930 our overall understanding of that care 408 00:17:30,930 --> 00:17:33,041 and welfare for our service members . 409 00:17:33,041 --> 00:17:35,640 We need to also extend that to what 410 00:17:35,640 --> 00:17:38,170 happens online . We talk a lot about 411 00:17:38,180 --> 00:17:40,760 what it is to take care of our people 412 00:17:40,770 --> 00:17:43,070 in the physical space . That training 413 00:17:43,070 --> 00:17:45,910 needs to extend into the the online 414 00:17:45,910 --> 00:17:47,910 space , as well as when we start to 415 00:17:47,910 --> 00:17:50,270 look at social media policies that are 416 00:17:50,280 --> 00:17:52,400 out there . This isn't just about 417 00:17:52,410 --> 00:17:54,354 putting out classified information 418 00:17:54,354 --> 00:17:56,521 about troop movements , which is where 419 00:17:56,521 --> 00:17:58,940 a big focus is , but is what do those 420 00:17:58,950 --> 00:18:00,894 interactions that are part of good 421 00:18:00,894 --> 00:18:02,980 order and discipline ? Mean , I mean 422 00:18:02,980 --> 00:18:05,091 stories that we got from focus groups 423 00:18:05,091 --> 00:18:07,730 on this where , you know , Junior E two 424 00:18:07,730 --> 00:18:10,000 E three's , we're getting friended or 425 00:18:10,000 --> 00:18:12,260 followed on facebook by their staff 426 00:18:12,260 --> 00:18:14,316 sergeants and gun ease and then they 427 00:18:14,316 --> 00:18:16,427 start to get confused as to what's in 428 00:18:16,427 --> 00:18:18,649 order when they comment on on something 429 00:18:18,649 --> 00:18:20,538 essentially , what are they being 430 00:18:20,538 --> 00:18:22,649 directed to do versus what is sort of 431 00:18:22,649 --> 00:18:24,816 friendly online banter . How that then 432 00:18:24,816 --> 00:18:26,982 extended into how they were treated in 433 00:18:26,982 --> 00:18:29,038 their workplace and isolated for not 434 00:18:29,038 --> 00:18:31,093 liking the right type of pictures or 435 00:18:31,093 --> 00:18:33,149 being judged for what they wore when 436 00:18:33,149 --> 00:18:35,204 they were on vacation when they come 437 00:18:35,204 --> 00:18:37,427 back to work . So that needs to be part 438 00:18:37,427 --> 00:18:39,649 of two and we look at what it is , it's 439 00:18:39,649 --> 00:18:41,871 a commander to maintain that good order 440 00:18:41,871 --> 00:18:43,982 and discipline . We really need to be 441 00:18:43,982 --> 00:18:43,980 thinking about the cyber world too and 442 00:18:43,980 --> 00:18:46,810 how social media plays into those day 443 00:18:46,810 --> 00:18:49,150 to day interactions . And I'll turn it 444 00:18:49,150 --> 00:18:51,430 over now to James to talk about the 445 00:18:51,430 --> 00:18:54,640 specific prevention side of it . Thank 446 00:18:54,640 --> 00:18:56,307 you . Thanks for the question 447 00:18:56,307 --> 00:18:58,470 congressman . I think for prevention 448 00:18:58,480 --> 00:19:00,610 for the line of effort that I was 449 00:19:00,610 --> 00:19:02,760 fortunate to work with de bowery from 450 00:19:02,760 --> 00:19:04,927 the C . D . C . And Mr Neil Irvin from 451 00:19:04,927 --> 00:19:07,620 men can stop rape . What we would tell 452 00:19:07,620 --> 00:19:09,842 you is that there are a couple of touch 453 00:19:09,842 --> 00:19:13,540 points . Uh one leadership and we found 454 00:19:13,540 --> 00:19:16,150 a void in the ability for leaders to 455 00:19:16,150 --> 00:19:18,261 really lead in prevention . So that's 456 00:19:18,261 --> 00:19:20,039 the first one and it was really 457 00:19:20,039 --> 00:19:21,990 leadership at every level . So um 458 00:19:22,000 --> 00:19:24,490 oftentimes , uh when we say leadership , 459 00:19:24,490 --> 00:19:26,657 somebody might think about a leader at 460 00:19:26,657 --> 00:19:28,480 installation level . You know , 461 00:19:28,480 --> 00:19:30,424 commander , we're talking at every 462 00:19:30,424 --> 00:19:32,647 level from the Secretary of defense all 463 00:19:32,647 --> 00:19:34,980 the way down to that first line , first , 464 00:19:34,980 --> 00:19:38,350 the line supervisor , N . C . O . And 465 00:19:38,360 --> 00:19:40,360 and where they're engaging with the 466 00:19:40,360 --> 00:19:42,760 members who might be engaged in this 467 00:19:42,760 --> 00:19:45,840 kind of activity and actually giving 468 00:19:45,840 --> 00:19:48,040 them the competencies to engage with 469 00:19:48,040 --> 00:19:50,360 them with those members in a way that 470 00:19:50,540 --> 00:19:52,660 builds a protective environment and 471 00:19:52,660 --> 00:19:54,882 lowers the risk factors . So that's one 472 00:19:54,882 --> 00:19:56,993 touch point I would say is leadership 473 00:19:56,993 --> 00:19:59,216 and developing the competencies and our 474 00:19:59,216 --> 00:20:01,280 leaders that don't exist today as we 475 00:20:01,280 --> 00:20:04,320 engaged with uh in every engagement 476 00:20:04,320 --> 00:20:06,340 that this line of effort had and we 477 00:20:06,340 --> 00:20:08,451 engage with the strategic operational 478 00:20:08,451 --> 00:20:10,810 tactical level . We talked with four 479 00:20:10,810 --> 00:20:14,110 star level down to the newest members 480 00:20:14,110 --> 00:20:16,110 who had just been you know in their 481 00:20:16,110 --> 00:20:18,520 units for maybe a year or two . And in 482 00:20:18,530 --> 00:20:20,570 every engagement they all recognize 483 00:20:20,570 --> 00:20:22,737 leaders want to lead . They don't know 484 00:20:22,737 --> 00:20:25,060 how to lead in prevention and it's 485 00:20:25,060 --> 00:20:27,227 because they don't have those specific 486 00:20:27,227 --> 00:20:29,449 competencies . That's one touch point . 487 00:20:29,449 --> 00:20:31,560 The other touch point , I would say , 488 00:20:31,560 --> 00:20:33,671 is research and we found there's this 489 00:20:33,671 --> 00:20:35,393 dearth in the kind of research 490 00:20:35,393 --> 00:20:37,504 capability that the department really 491 00:20:37,504 --> 00:20:39,449 needs to be able to have to attack 492 00:20:39,449 --> 00:20:41,227 these kinds of issues in a very 493 00:20:41,227 --> 00:20:44,210 comprehensive way . Today . It's a 494 00:20:44,220 --> 00:20:46,220 little bit of a pickup game when it 495 00:20:46,220 --> 00:20:49,270 comes to um exploring an agenda driven 496 00:20:49,280 --> 00:20:53,070 research agenda . Um that would get 497 00:20:53,070 --> 00:20:55,070 after something like you're talking 498 00:20:55,070 --> 00:20:57,181 about . And and so I think that's one 499 00:20:57,181 --> 00:20:59,403 the other . One other touch point would 500 00:20:59,403 --> 00:21:02,980 be uh actual strategies . So in the 501 00:21:02,980 --> 00:21:04,930 report , we talk about community 502 00:21:04,930 --> 00:21:06,986 focused interventions and this would 503 00:21:06,986 --> 00:21:08,986 fall into kind of promoting healthy 504 00:21:08,986 --> 00:21:11,420 social norms . And and so I would say 505 00:21:11,420 --> 00:21:13,790 it would be in that realm with leaders 506 00:21:13,800 --> 00:21:16,350 who have the competencies and with the 507 00:21:16,350 --> 00:21:18,450 research that tells you exactly what 508 00:21:18,450 --> 00:21:20,730 works and what doesn't work uh and then 509 00:21:20,740 --> 00:21:23,630 using interventions appropriately . I 510 00:21:23,630 --> 00:21:25,630 think that's that's a place that we 511 00:21:25,630 --> 00:21:27,700 will find more success . And then in 512 00:21:27,700 --> 00:21:29,644 the short period of time I have Mr 513 00:21:29,644 --> 00:21:31,756 Rosenthal , I believe you mentioned a 514 00:21:31,756 --> 00:21:33,978 number of comorbidities in your opening 515 00:21:33,978 --> 00:21:36,060 statements on sexual assault and um 516 00:21:36,070 --> 00:21:38,292 suicide . And I just be curious when it 517 00:21:38,292 --> 00:21:40,459 comes to that question . How do we get 518 00:21:40,459 --> 00:21:42,570 after these comorbidities ? So we can 519 00:21:42,570 --> 00:21:44,403 really make a lasting change for 520 00:21:44,403 --> 00:21:46,626 service members and their families ? We 521 00:21:46,626 --> 00:21:48,681 are critical issues . One is realize 522 00:21:48,681 --> 00:21:50,792 the difference . Professionalized the 523 00:21:50,792 --> 00:21:52,737 victim advocacy work force largely 524 00:21:52,737 --> 00:21:54,848 eliminate , eliminate collateral duty 525 00:21:54,848 --> 00:21:56,959 victim advocates and expand access to 526 00:21:56,959 --> 00:21:59,292 behavioral health care . So for example , 527 00:21:59,292 --> 00:22:02,070 Active Duty Guard and Reserve Members 528 00:22:02,070 --> 00:22:04,750 can , by federal law , seek behavioral 529 00:22:04,760 --> 00:22:07,850 health services through the V . A . But 530 00:22:08,020 --> 00:22:10,298 in current implementation at the D . O . 531 00:22:10,298 --> 00:22:12,464 D . Level , the number of providers is 532 00:22:12,464 --> 00:22:14,750 limited to 300 providers when there's 533 00:22:14,750 --> 00:22:17,560 actually 1000 V . A . Facilities that 534 00:22:17,560 --> 00:22:20,100 could receive those referrals or not . 535 00:22:20,110 --> 00:22:23,630 The law allows for victims to seek that 536 00:22:23,630 --> 00:22:25,640 care even without a referral and to 537 00:22:25,640 --> 00:22:27,862 receive it confidentially . Thank you . 538 00:22:27,940 --> 00:22:31,850 Beck Chairman yields back dr Henry when 539 00:22:31,850 --> 00:22:34,780 you were talking about the confusion 540 00:22:34,780 --> 00:22:38,730 that young soldiers have . I remember a 541 00:22:38,740 --> 00:22:41,950 young airman at lackland Air Force Base 542 00:22:41,960 --> 00:22:43,950 who when her military training 543 00:22:43,950 --> 00:22:46,960 instructor told her to meet him in the 544 00:22:46,970 --> 00:22:50,870 um storage room , she says 545 00:22:50,880 --> 00:22:52,991 there was no question mark at the end 546 00:22:52,991 --> 00:22:55,910 of that sentence that stayed with me 547 00:22:55,910 --> 00:22:57,790 all these years . Um Now , the 548 00:22:57,790 --> 00:22:59,901 gentleman from New Jersey , Mr Kim is 549 00:22:59,901 --> 00:23:02,730 recognized for five minutes . Thank you . 550 00:23:02,740 --> 00:23:04,990 Thank you . Chairwoman . I wanted to 551 00:23:04,990 --> 00:23:07,020 just pick up on a thread that I had 552 00:23:07,020 --> 00:23:09,760 raised before with the Deputy secretary . 553 00:23:09,760 --> 00:23:12,650 I had asked her about the I . R . C . 554 00:23:12,650 --> 00:23:14,980 Recommendations talking about the 555 00:23:14,980 --> 00:23:17,570 special victims crimes and referring 556 00:23:17,570 --> 00:23:19,570 certain alleged crimes to a special 557 00:23:19,570 --> 00:23:22,310 victims prosecutor . Um you know , and 558 00:23:22,320 --> 00:23:24,487 our understanding of this is that this 559 00:23:24,487 --> 00:23:26,770 would include sexual assault , but also 560 00:23:26,780 --> 00:23:29,002 other crimes based on relationships and 561 00:23:29,002 --> 00:23:31,169 vulnerability of the victim . Domestic 562 00:23:31,169 --> 00:23:33,447 abuse , child abuse crimes are raising . 563 00:23:33,447 --> 00:23:35,391 Uh , I wanted to just got to get a 564 00:23:35,391 --> 00:23:37,610 better sense from for the irises 565 00:23:37,610 --> 00:23:40,260 rationale and defining these categories 566 00:23:40,260 --> 00:23:42,427 in the way that they did . So I wanted 567 00:23:42,427 --> 00:23:44,593 to just kind of here a little bit more 568 00:23:44,593 --> 00:23:46,816 from you about how that was constructed 569 00:23:46,816 --> 00:23:49,038 and why you felt like that was the best 570 00:23:49,038 --> 00:23:52,950 way to frame these buckets . Thank you , 571 00:23:52,950 --> 00:23:56,320 sir . The IRC found that these crimes 572 00:23:56,320 --> 00:23:59,840 tend to be interpersonal in nature and 573 00:23:59,840 --> 00:24:01,780 that victims who have to navigate 574 00:24:01,790 --> 00:24:03,940 through the military justice process 575 00:24:03,950 --> 00:24:06,420 often experienced re traumatization 576 00:24:06,430 --> 00:24:08,670 because of their experience is going 577 00:24:08,670 --> 00:24:11,340 through that process . The I . R . C . 578 00:24:11,340 --> 00:24:14,170 Came up with three categories that 579 00:24:14,180 --> 00:24:16,880 compromise . Um , excuse me , comprise 580 00:24:16,880 --> 00:24:20,250 the special victims um scheme and the 581 00:24:20,250 --> 00:24:22,500 first one is very plain on its face , 582 00:24:22,510 --> 00:24:25,310 its those categories that of crimes 583 00:24:25,320 --> 00:24:27,800 that are inherently special victims 584 00:24:27,800 --> 00:24:30,310 crime . So rape , sexual assault , et 585 00:24:30,320 --> 00:24:32,670 cetera . The second was based on the 586 00:24:32,670 --> 00:24:34,337 trait of the victim , or more 587 00:24:34,337 --> 00:24:36,503 importantly the perceived trait of the 588 00:24:36,503 --> 00:24:38,726 victim and why those particular victims 589 00:24:38,726 --> 00:24:40,640 might be targeted by a certain 590 00:24:40,650 --> 00:24:42,770 perpetrator . So it may be their 591 00:24:42,770 --> 00:24:45,220 perception that they are gay or it may 592 00:24:45,220 --> 00:24:47,940 be their perception , um , you know , 593 00:24:47,940 --> 00:24:50,051 that they are of a certain religion . 594 00:24:50,051 --> 00:24:52,280 The third category that the IRC 595 00:24:52,280 --> 00:24:55,660 identified was based on the motivation 596 00:24:55,740 --> 00:24:59,140 of the offender and we arrived at and 597 00:24:59,140 --> 00:25:01,700 landed on hazing and bullying as well , 598 00:25:01,700 --> 00:25:03,867 which we know is very prevalent in the 599 00:25:03,867 --> 00:25:07,670 military . So based on what we 600 00:25:07,670 --> 00:25:11,210 heard from hundreds of Uh 601 00:25:11,220 --> 00:25:13,280 survivors , hundreds of military 602 00:25:13,280 --> 00:25:15,430 justice practitioners and academics 603 00:25:15,440 --> 00:25:17,607 with whom we spoke and interacted over 604 00:25:17,607 --> 00:25:20,500 the course of 90 days as an IRC , we 605 00:25:20,500 --> 00:25:23,170 landed on these three categories that 606 00:25:23,170 --> 00:25:26,100 comprise the special victims context . 607 00:25:26,110 --> 00:25:28,960 Again mainly because of the 608 00:25:28,970 --> 00:25:31,250 interpersonal nature of these crimes 609 00:25:31,260 --> 00:25:33,830 and the penchant for victims to be re 610 00:25:33,830 --> 00:25:35,663 traumatized through the military 611 00:25:35,663 --> 00:25:38,770 justice process . Thank you . That's 612 00:25:38,770 --> 00:25:41,210 helpful that I that was helpful to hear 613 00:25:41,210 --> 00:25:43,210 both in terms of how you're framing 614 00:25:43,210 --> 00:25:45,543 when it comes to the victims . But also , 615 00:25:45,543 --> 00:25:47,654 as you said , there was an element in 616 00:25:47,654 --> 00:25:47,300 terms of the offender and the 617 00:25:47,310 --> 00:25:49,430 perpetrator . And you know , I think 618 00:25:49,440 --> 00:25:51,400 for when I kind of look at the 619 00:25:51,400 --> 00:25:53,560 situations when it comes to sexual 620 00:25:53,560 --> 00:25:55,560 assault prevention , you know for a 621 00:25:55,560 --> 00:25:57,727 long time there's been so much focused 622 00:25:57,727 --> 00:26:00,300 on the victim rightfully so . But and 623 00:26:00,300 --> 00:26:02,522 one of the most interesting findings in 624 00:26:02,522 --> 00:26:04,633 the R . C . Report is just how little 625 00:26:04,633 --> 00:26:06,356 we understand about the actual 626 00:26:06,356 --> 00:26:08,356 perpetrators . So I guess I guess I 627 00:26:08,356 --> 00:26:10,300 wanted to just follow up with this 628 00:26:10,300 --> 00:26:12,189 question there about what kind of 629 00:26:12,189 --> 00:26:14,356 resources do you think we need to have 630 00:26:14,356 --> 00:26:16,578 Better understand and understand how to 631 00:26:16,578 --> 00:26:18,910 identify perpetrators . Um and how can 632 00:26:18,910 --> 00:26:21,960 we screen for these signs before we 633 00:26:22,440 --> 00:26:25,570 before the perpetrators were to take 634 00:26:25,570 --> 00:26:27,292 actions . How are we trying to 635 00:26:27,292 --> 00:26:29,348 understand how to be able to do that 636 00:26:29,348 --> 00:26:31,459 And then also be able to find ways to 637 00:26:31,459 --> 00:26:33,681 retrain and redirect this behavior . So 638 00:26:33,681 --> 00:26:35,848 I wanted to just get a little bit more 639 00:26:35,848 --> 00:26:37,959 of a sense of them James . This is an 640 00:26:37,959 --> 00:26:40,181 area that the prevention line of effort 641 00:26:40,181 --> 00:26:42,237 looked at very closely . Thank you . 642 00:26:42,237 --> 00:26:44,403 Thank you for the question . It really 643 00:26:44,403 --> 00:26:46,514 does . Uh A lot of it falls into that 644 00:26:46,514 --> 00:26:49,630 research recommendation uh that we made 645 00:26:49,630 --> 00:26:52,680 on the compatibility assessment and we 646 00:26:52,680 --> 00:26:55,300 recognize that today the department 647 00:26:55,310 --> 00:26:58,960 assumes risk because they don't know 648 00:26:59,040 --> 00:27:00,818 you know what the attitudes and 649 00:27:00,818 --> 00:27:02,818 behaviors are for those people that 650 00:27:02,818 --> 00:27:04,929 they're recruiting and assessing into 651 00:27:04,929 --> 00:27:07,170 the military . And so , um one of the 652 00:27:07,170 --> 00:27:09,960 services has developed a compatibility 653 00:27:09,960 --> 00:27:13,140 assessment that we recommended the 654 00:27:13,150 --> 00:27:15,920 secretary approved for operational 655 00:27:15,930 --> 00:27:19,810 testing within the maps and to start 656 00:27:19,810 --> 00:27:22,890 to at least uh learn more about the 657 00:27:22,890 --> 00:27:25,320 attitudes and behaviors of individuals 658 00:27:25,320 --> 00:27:27,431 they're assessing and that that would 659 00:27:27,431 --> 00:27:30,050 inform potential interventions that 660 00:27:30,050 --> 00:27:32,720 could kind of run the gambit of of what 661 00:27:32,730 --> 00:27:34,841 you know , the outcomes could be from 662 00:27:34,841 --> 00:27:36,952 those interventions , but it would be 663 00:27:36,952 --> 00:27:39,119 the starting point . Thank you . Thank 664 00:27:39,119 --> 00:27:41,174 you . Chairwoman , I go back . Thank 665 00:27:41,174 --> 00:27:43,341 you . The gentleman yields back , Miss 666 00:27:43,341 --> 00:27:47,340 Mclean from Missouri Michigan has 667 00:27:47,340 --> 00:27:49,780 recognized for five minutes . Thank you 668 00:27:49,780 --> 00:27:51,891 Madam Chair . And I want to thank all 669 00:27:51,891 --> 00:27:54,380 the witnesses for being here today as a 670 00:27:54,380 --> 00:27:56,780 freshman member of congress and 671 00:27:56,790 --> 00:27:58,790 obviously a freshman member on this 672 00:27:58,790 --> 00:28:01,700 committee . It saddens me to talk about 673 00:28:01,700 --> 00:28:04,210 what we're talking about today and to 674 00:28:04,210 --> 00:28:06,610 know that our brave men and women in 675 00:28:06,610 --> 00:28:09,760 the military are experiencing this . Um , 676 00:28:10,840 --> 00:28:13,080 it's unacceptable and quite frankly , 677 00:28:13,080 --> 00:28:15,780 it's embarrassing . Um , so I applaud 678 00:28:15,790 --> 00:28:18,270 everyone in their efforts to try and 679 00:28:18,280 --> 00:28:20,391 figure out the root cause and and fix 680 00:28:20,391 --> 00:28:24,300 it in layman's terms . What I'm 681 00:28:24,300 --> 00:28:27,130 trying to understand is the actual 682 00:28:27,140 --> 00:28:30,780 process . So if we take it out 683 00:28:30,780 --> 00:28:33,920 of the commanders or the military's 684 00:28:33,920 --> 00:28:36,780 hands , would it look exactly like it 685 00:28:36,780 --> 00:28:39,610 would look as if you were civilian ? So 686 00:28:39,610 --> 00:28:42,460 I guess my question simply is , um , 687 00:28:42,840 --> 00:28:46,180 can you explain what the process would 688 00:28:46,190 --> 00:28:48,360 look like in layman's terms ? 689 00:28:51,240 --> 00:28:54,460 Yes . So , uh , 690 00:28:55,040 --> 00:28:58,470 even if you took the decision to prefer 691 00:28:58,470 --> 00:29:01,610 that is indict or refer , that is to 692 00:29:01,610 --> 00:29:04,670 send that indictment to trial out of 693 00:29:04,670 --> 00:29:07,440 the hands of commanders and place that 694 00:29:07,440 --> 00:29:09,630 decision squarely in the hands of 695 00:29:09,630 --> 00:29:12,110 military lawyers . The system will 696 00:29:12,110 --> 00:29:14,980 still look somewhat different from the 697 00:29:14,980 --> 00:29:16,900 civilian system because there are 698 00:29:16,900 --> 00:29:20,010 certain aspects of military justice 699 00:29:20,020 --> 00:29:22,820 that are just inherently different than 700 00:29:22,830 --> 00:29:25,090 the civilian system of justice . For 701 00:29:25,090 --> 00:29:27,770 example , where I practice in federal 702 00:29:27,770 --> 00:29:30,130 district Court in the Western district 703 00:29:30,130 --> 00:29:33,790 of new york , I take my cases before a 704 00:29:33,790 --> 00:29:36,510 grand jury , the grand jury decides by 705 00:29:36,510 --> 00:29:39,140 vote whether I have a bill and whether 706 00:29:39,140 --> 00:29:41,510 that case will actually be indicted . 707 00:29:41,520 --> 00:29:45,360 There's no equal um procedure 708 00:29:45,370 --> 00:29:47,370 in the military , there is no grand 709 00:29:47,370 --> 00:29:50,050 jury mechanism in military justice . So 710 00:29:50,050 --> 00:29:51,939 I just say that as a preface that 711 00:29:51,939 --> 00:29:54,161 they're going to be certain things that 712 00:29:54,161 --> 00:29:56,050 still will not make them directly 713 00:29:56,050 --> 00:29:59,660 analogous . So to answer your question , 714 00:30:01,040 --> 00:30:03,940 all that is going to happen by virtue 715 00:30:03,940 --> 00:30:07,050 of our recommendation that the decision 716 00:30:07,050 --> 00:30:10,790 to prefer that is indict or refer , 717 00:30:10,800 --> 00:30:13,660 that is to send charges to a general or 718 00:30:13,660 --> 00:30:16,340 special court martial . Is that a 719 00:30:16,350 --> 00:30:19,170 military lawyer will be making those 720 00:30:19,170 --> 00:30:21,390 decisions in the sexual harassment and 721 00:30:21,390 --> 00:30:25,070 sexual assault context versus a 722 00:30:25,070 --> 00:30:27,660 military commander . Now , to be fair , 723 00:30:27,670 --> 00:30:29,892 a military commander just does not make 724 00:30:29,892 --> 00:30:31,948 this decision in a vacuum . Military 725 00:30:31,948 --> 00:30:35,380 commander is advised by senior staff 726 00:30:35,380 --> 00:30:37,602 judge advocates . However , the I . R . 727 00:30:37,602 --> 00:30:39,840 C . S . Concern was that the senior 728 00:30:39,840 --> 00:30:41,970 staff judge advocates are so far 729 00:30:41,970 --> 00:30:45,750 removed from the practice of trial law 730 00:30:45,760 --> 00:30:48,400 that their advice to the convening 731 00:30:48,400 --> 00:30:50,590 authority in a very short period of 732 00:30:50,590 --> 00:30:52,680 time when they sit need to knee with 733 00:30:52,680 --> 00:30:54,902 that convening authority to determine . 734 00:30:54,940 --> 00:30:57,190 Uh , one of several military justice 735 00:30:57,190 --> 00:30:59,190 matters does not do that particular 736 00:30:59,190 --> 00:31:01,357 case justice . So I think I understand 737 00:31:01,357 --> 00:31:05,050 that piece that uh the lawyer would 738 00:31:05,060 --> 00:31:08,960 um indict , so to speak to to use your 739 00:31:08,960 --> 00:31:11,900 term . But there's also another , uh if 740 00:31:11,900 --> 00:31:14,011 I heard you correctly and I just want 741 00:31:14,011 --> 00:31:15,900 to make sure I did . There's also 742 00:31:15,900 --> 00:31:18,122 another piece that we need to make sure 743 00:31:18,122 --> 00:31:20,011 that we're focusing on , which is 744 00:31:20,011 --> 00:31:22,178 there's has to be after due process of 745 00:31:22,178 --> 00:31:23,900 course , but there has to be a 746 00:31:23,900 --> 00:31:26,830 consequence to the action , right ? So 747 00:31:26,830 --> 00:31:28,997 I know you have the preventative end , 748 00:31:28,997 --> 00:31:31,520 which it sounds like we've we're trying 749 00:31:31,530 --> 00:31:33,890 at least to put things in place . Um , 750 00:31:33,890 --> 00:31:35,946 and it looks like we're on the right 751 00:31:35,946 --> 00:31:38,168 path . It looks like we're trying to do 752 00:31:38,168 --> 00:31:40,930 the indictment and so to speak . What 753 00:31:40,930 --> 00:31:44,400 are we doing for the consequence end ? 754 00:31:44,410 --> 00:31:46,577 Because it seems like that peace might 755 00:31:46,577 --> 00:31:49,290 be missing a little bit as well . And I 756 00:31:49,290 --> 00:31:51,401 don't know if I heard you correctly , 757 00:31:51,401 --> 00:31:53,568 but I didn't I didn't hear to talk , I 758 00:31:53,568 --> 00:31:55,846 didn't hear the talk of the , you know , 759 00:31:55,846 --> 00:31:58,190 the consequence end . So there are two , 760 00:31:58,200 --> 00:32:00,311 there are two avenues of approach and 761 00:32:00,311 --> 00:32:02,089 the military . The first is the 762 00:32:02,089 --> 00:32:04,311 judicial approach and the second is the 763 00:32:04,311 --> 00:32:07,050 non judicial approach both of both 764 00:32:07,050 --> 00:32:09,272 approaches , which currently are in the 765 00:32:09,272 --> 00:32:11,328 hands of military commanders Today . 766 00:32:11,440 --> 00:32:13,900 Our recommendation is that the judicial 767 00:32:14,010 --> 00:32:16,780 judicial approach in sexual harassment 768 00:32:16,780 --> 00:32:19,260 and sexual assault cases be taken away 769 00:32:19,260 --> 00:32:21,260 from commanders and placed into the 770 00:32:21,260 --> 00:32:23,750 hands of military lawyers , independent 771 00:32:23,760 --> 00:32:25,450 military lawyers , so on the 772 00:32:25,450 --> 00:32:28,000 consequence and as well so on the 773 00:32:28,000 --> 00:32:31,170 consequence and in the judicial sector , 774 00:32:31,780 --> 00:32:35,330 the punishment if there is a conviction 775 00:32:35,340 --> 00:32:38,950 at court martial would be meted out by 776 00:32:38,960 --> 00:32:40,960 either a military judge or military 777 00:32:40,960 --> 00:32:43,071 court martial panel members . So with 778 00:32:43,071 --> 00:32:46,390 that , is that changing uh that that 779 00:32:46,390 --> 00:32:48,112 would not change that . We did 780 00:32:48,112 --> 00:32:50,334 recommend , we do make a recommendation 781 00:32:50,334 --> 00:32:53,740 that uh military judges alone 782 00:32:53,750 --> 00:32:56,420 decide the punishment phase . Um and we 783 00:32:56,420 --> 00:32:58,531 have detailed reasons for that in our 784 00:32:58,531 --> 00:33:02,460 report . But the second uh sector , if 785 00:33:02,460 --> 00:33:04,238 you will , that is non judicial 786 00:33:04,238 --> 00:33:06,970 punishment , uh , will under the IRC 787 00:33:06,970 --> 00:33:08,950 construct remain in the hands of 788 00:33:08,950 --> 00:33:11,080 commanders . And as a commission , we 789 00:33:11,080 --> 00:33:13,740 found that this is very important , 790 00:33:13,750 --> 00:33:16,060 especially in the prevention and 791 00:33:16,060 --> 00:33:19,380 response context . Because the IRC 792 00:33:19,380 --> 00:33:21,491 wants commanders to remain involved . 793 00:33:21,491 --> 00:33:24,920 We want commanders to be involved in 794 00:33:24,930 --> 00:33:27,940 this system so that their troops that 795 00:33:27,940 --> 00:33:30,280 they lead can see , um , that they have 796 00:33:30,290 --> 00:33:32,457 skin in the game that they , that they 797 00:33:32,457 --> 00:33:35,500 care . The non judicial 798 00:33:35,500 --> 00:33:38,880 punishment sector , if you will , for 799 00:33:38,880 --> 00:33:41,890 lack of better term also has punishment 800 00:33:41,900 --> 00:33:44,230 that can be attached to it to , um , 801 00:33:44,240 --> 00:33:46,407 including loss of rank and loss of pay 802 00:33:46,407 --> 00:33:48,850 and restriction and those sorts of 803 00:33:48,850 --> 00:33:50,850 things . The punishments of the non 804 00:33:50,850 --> 00:33:54,770 judicial end are not as severe as 805 00:33:54,780 --> 00:33:57,850 a punishment at a court martial . So 806 00:33:57,860 --> 00:34:00,390 currently the commander has two 807 00:34:00,400 --> 00:34:02,730 different avenues have approached 808 00:34:02,730 --> 00:34:04,897 judicial and non judicial punishment , 809 00:34:04,897 --> 00:34:07,040 both of which have punishment 810 00:34:07,050 --> 00:34:10,000 mechanisms in place . I'm out of time . 811 00:34:10,010 --> 00:34:12,177 I appreciate your patience . Thank you 812 00:34:12,177 --> 00:34:14,590 very much . Of course it's an important 813 00:34:14,600 --> 00:34:16,900 topic . I think it's important to point 814 00:34:16,900 --> 00:34:19,170 out that if they go to court martial 815 00:34:19,170 --> 00:34:21,830 and are convicted , um they can be 816 00:34:21,840 --> 00:34:24,770 jailed , they can be separated from the 817 00:34:24,770 --> 00:34:26,992 military , they can lose rank . There's 818 00:34:26,992 --> 00:34:29,840 a whole series of actions that that can 819 00:34:29,840 --> 00:34:32,062 take place one of the areas and I don't 820 00:34:32,062 --> 00:34:33,840 know if you looked at it that I 821 00:34:33,840 --> 00:34:36,007 continue to be concerned about is that 822 00:34:36,007 --> 00:34:38,062 many of these individuals are sexual 823 00:34:38,062 --> 00:34:41,460 predators and should then beyond the 824 00:34:41,540 --> 00:34:45,340 registry , civilian offender 825 00:34:45,340 --> 00:34:47,229 registries and they are not being 826 00:34:47,229 --> 00:34:49,910 communicated by the military um to that 827 00:34:49,910 --> 00:34:52,240 registry . And so they then go out of 828 00:34:52,240 --> 00:34:53,907 the military and then conduct 829 00:34:53,907 --> 00:34:56,130 themselves in a similar fashion . So I 830 00:34:56,130 --> 00:34:58,186 don't think you address that in your 831 00:34:58,186 --> 00:35:00,241 report , did you ? We didn't address 832 00:35:00,241 --> 00:35:02,463 that specific issue . But we did note a 833 00:35:02,463 --> 00:35:04,990 low number of registrants on the sexual 834 00:35:05,000 --> 00:35:07,160 offense registry . And I , one of the 835 00:35:07,160 --> 00:35:09,160 other pieces that's important about 836 00:35:09,160 --> 00:35:10,993 what Megan said is that with our 837 00:35:10,993 --> 00:35:13,660 specialized special victims prosecutor , 838 00:35:13,660 --> 00:35:15,610 well trained Kadre . Without these 839 00:35:15,610 --> 00:35:18,240 constant rotations , we anticipate that 840 00:35:18,240 --> 00:35:20,260 over time we will see increased 841 00:35:20,260 --> 00:35:22,350 convictions leading to greater 842 00:35:22,350 --> 00:35:24,890 accountability . There is a problem in 843 00:35:24,890 --> 00:35:27,112 the military justice system . It's been 844 00:35:27,112 --> 00:35:28,890 called the Achilles heel of the 845 00:35:28,890 --> 00:35:31,001 military justice system . And that is 846 00:35:31,001 --> 00:35:33,410 inexperienced , although well intended 847 00:35:33,440 --> 00:35:36,200 prosecutors who don't have the real 848 00:35:36,200 --> 00:35:37,811 ability to try these cases . 849 00:35:37,811 --> 00:35:41,270 Effectively . The general woman from 850 00:35:41,270 --> 00:35:43,326 texas Miss escobar is recognized for 851 00:35:43,326 --> 00:35:45,492 five minutes . Thank you Madam Chair . 852 00:35:45,492 --> 00:35:47,750 And I am so grateful to all of you for 853 00:35:47,750 --> 00:35:50,200 your work , your recommendations , um , 854 00:35:50,200 --> 00:35:52,780 and for your advocacy . Uh , you 855 00:35:52,780 --> 00:35:56,640 provided us such important , critical 856 00:35:56,650 --> 00:35:59,880 information and I'm very grateful . I 857 00:35:59,880 --> 00:36:02,870 represent el paso texas and Fort Bliss 858 00:36:03,130 --> 00:36:05,350 is the military installation one of 859 00:36:05,350 --> 00:36:09,040 those that has been identified uh 860 00:36:09,050 --> 00:36:12,910 for its rate of of women who are 861 00:36:12,910 --> 00:36:16,260 vulnerable to or victims rather who are 862 00:36:16,260 --> 00:36:18,570 vulnerable to to sexual assault , 863 00:36:18,570 --> 00:36:20,792 sexual harassment . Um , you know , one 864 00:36:20,792 --> 00:36:23,090 of the things that many of the lessons 865 00:36:23,090 --> 00:36:26,200 that I have learned have have come from 866 00:36:26,210 --> 00:36:28,800 mostly women who have told me stories 867 00:36:28,800 --> 00:36:31,750 or cases that I have learned about 868 00:36:31,760 --> 00:36:33,649 through Fort Bliss through what's 869 00:36:33,649 --> 00:36:36,750 happened at Fort Bliss . In one case , 870 00:36:37,480 --> 00:36:41,160 the perpetrator had 871 00:36:41,630 --> 00:36:45,480 assaulted multiple women before there 872 00:36:45,480 --> 00:36:49,400 was a soldier who came forward and 873 00:36:49,410 --> 00:36:52,710 and filed a complaint , and we know 874 00:36:52,720 --> 00:36:56,310 that perpetrators who harass 875 00:36:56,320 --> 00:36:59,710 frequently harass multiple people , 876 00:36:59,710 --> 00:37:02,650 that it's not a one time offense until 877 00:37:02,650 --> 00:37:06,270 they are finally held accountable . And 878 00:37:06,280 --> 00:37:08,280 um , you know , these are these are 879 00:37:08,280 --> 00:37:12,100 people who uh display a pattern and 880 00:37:12,100 --> 00:37:15,350 and the pattern generally doesn't stop . 881 00:37:15,730 --> 00:37:17,730 And one of the things that that I'm 882 00:37:17,730 --> 00:37:19,508 wondering , especially after Mr 883 00:37:19,508 --> 00:37:21,619 Representative kim noted that there's 884 00:37:21,619 --> 00:37:23,230 so little that we know about 885 00:37:23,230 --> 00:37:25,860 perpetrators . I've been very curious 886 00:37:25,870 --> 00:37:29,640 about repeat offenders . And um 887 00:37:29,650 --> 00:37:31,706 you know , they're the way that they 888 00:37:31,706 --> 00:37:33,594 are able to operate until they're 889 00:37:33,594 --> 00:37:35,840 finally held accountable . Did you all 890 00:37:35,850 --> 00:37:38,320 at all study or look into that to 891 00:37:38,320 --> 00:37:41,410 repeat offenses ? We recommend that the 892 00:37:41,410 --> 00:37:43,730 catch program be expanded . So this is 893 00:37:43,730 --> 00:37:46,250 where somebody who has not made a 894 00:37:46,630 --> 00:37:50,540 unrestricted report is able to uh note 895 00:37:50,550 --> 00:37:52,550 the name of the offender and see if 896 00:37:52,550 --> 00:37:55,060 there's a match with other entries in 897 00:37:55,060 --> 00:37:57,060 that same system . And we recommend 898 00:37:57,060 --> 00:37:59,340 that this system be expanded . So that 899 00:37:59,340 --> 00:38:01,396 includes sexual harassment , because 900 00:38:01,396 --> 00:38:03,860 the serial sexual harassers can also be 901 00:38:03,870 --> 00:38:07,020 your cereal assaulters . And also that 902 00:38:07,020 --> 00:38:09,020 we make a number of improvements so 903 00:38:09,020 --> 00:38:11,020 that victims can more readily enter 904 00:38:11,020 --> 00:38:13,076 information into that system . So we 905 00:38:13,076 --> 00:38:15,131 felt that that was one way to get to 906 00:38:15,131 --> 00:38:18,840 this issue of serial offenders . Great , 907 00:38:18,850 --> 00:38:22,210 thank you . And , and um , MS Rosenthal , 908 00:38:22,210 --> 00:38:24,543 you mentioned earlier and it just , and , 909 00:38:24,543 --> 00:38:26,599 and it's in the report , it's , it's 910 00:38:26,599 --> 00:38:28,599 incredibly heartbreaking , but that 911 00:38:28,599 --> 00:38:31,930 women regretted reporting . 912 00:38:31,940 --> 00:38:35,430 Can you expand a little bit more on 913 00:38:35,440 --> 00:38:38,890 why women regret and victims not just 914 00:38:38,890 --> 00:38:40,612 women was run as well , regret 915 00:38:40,612 --> 00:38:42,668 reporting because they're treated so 916 00:38:42,668 --> 00:38:44,650 poorly when they do so . They're 917 00:38:44,650 --> 00:38:46,706 bullied or ostracized by their peers 918 00:38:46,706 --> 00:38:48,761 and the commanders don't step in and 919 00:38:48,761 --> 00:38:50,594 take action to prevent that from 920 00:38:50,594 --> 00:38:52,730 happening . Even when the , uh , when 921 00:38:52,730 --> 00:38:54,674 they're not being bullied by their 922 00:38:54,674 --> 00:38:56,397 commander . Specifically , the 923 00:38:56,397 --> 00:38:58,230 commanders are not taking action 924 00:38:58,230 --> 00:39:00,174 against that pattern . They're not 925 00:39:00,174 --> 00:39:02,230 treated with the kind of dignity and 926 00:39:02,230 --> 00:39:04,063 respect that we would think they 927 00:39:04,063 --> 00:39:06,286 deserve . They're not given time off to 928 00:39:06,286 --> 00:39:08,230 go to their medical or their legal 929 00:39:08,230 --> 00:39:10,341 appointments and they're not believed 930 00:39:10,341 --> 00:39:12,508 and things are said to them by command 931 00:39:12,508 --> 00:39:14,674 and by peers that they're lying , that 932 00:39:14,674 --> 00:39:17,008 they're trying to ruin someone's career . 933 00:39:17,008 --> 00:39:19,008 I cannot tell you how many times we 934 00:39:19,008 --> 00:39:20,952 heard that you're out to hurt this 935 00:39:20,952 --> 00:39:23,119 person . There's this great myth among 936 00:39:23,119 --> 00:39:25,120 at all levels of the service , that 937 00:39:25,120 --> 00:39:27,120 victims are not telling the truth , 938 00:39:27,120 --> 00:39:29,009 that they have some other kind of 939 00:39:29,009 --> 00:39:31,009 agenda . And of course , we did not 940 00:39:31,009 --> 00:39:33,231 find that to be true . And we know that 941 00:39:33,231 --> 00:39:35,509 rates of false reporting are quite low . 942 00:39:35,509 --> 00:39:37,731 So that's part . And the second piece . 943 00:39:37,731 --> 00:39:39,676 And what makes this different than 944 00:39:39,676 --> 00:39:41,787 civilian , the civilian society where 945 00:39:41,787 --> 00:39:43,731 sexual assault is of course , very 946 00:39:43,731 --> 00:39:46,710 traumatic for all victims is the 24 947 00:39:46,720 --> 00:39:49,120 hour nature of military life . So 948 00:39:49,120 --> 00:39:51,176 there's nothing they can do if their 949 00:39:51,176 --> 00:39:53,120 policy , if policies are not being 950 00:39:53,120 --> 00:39:55,342 followed . For example , if they're not 951 00:39:55,342 --> 00:39:57,564 getting an expedited transfer when they 952 00:39:57,564 --> 00:40:00,250 want one , uh , then they don't have a 953 00:40:00,250 --> 00:40:02,280 way to remedy the situation for 954 00:40:02,280 --> 00:40:04,336 themselves . They can't leave , they 955 00:40:04,336 --> 00:40:06,336 can't just leave . And so they feel 956 00:40:06,336 --> 00:40:08,169 trapped and because they feel so 957 00:40:08,169 --> 00:40:10,224 trapped , they regret that they ever 958 00:40:10,224 --> 00:40:12,280 came forward in the first place . So 959 00:40:12,280 --> 00:40:15,820 many women said when I saw what this 960 00:40:15,820 --> 00:40:17,931 victim went through , I will tell you 961 00:40:17,931 --> 00:40:20,350 that I myself would never make a report 962 00:40:20,360 --> 00:40:22,950 and that is heartbreaking . Thank you 963 00:40:22,950 --> 00:40:25,117 so much and I'm quickly running out of 964 00:40:25,117 --> 00:40:27,228 time . I want to just point something 965 00:40:27,228 --> 00:40:29,228 else out because I think we need to 966 00:40:29,228 --> 00:40:31,283 think through this , not sure if you 967 00:40:31,283 --> 00:40:33,228 all have , but in the case of an S 968 00:40:33,228 --> 00:40:35,450 again , as an example , she had reached 969 00:40:35,450 --> 00:40:37,672 out to her family to let them know what 970 00:40:37,672 --> 00:40:39,894 had happened to her . There's a case at 971 00:40:39,894 --> 00:40:41,672 Fort Bliss of a young woman who 972 00:40:41,672 --> 00:40:44,220 committed suicide recently and she had 973 00:40:44,220 --> 00:40:46,590 reached out to her family an alleged 974 00:40:46,600 --> 00:40:49,900 sexual assault as well . It's there's 975 00:40:49,900 --> 00:40:52,011 no other information attached to it , 976 00:40:52,011 --> 00:40:54,122 but I just I keep thinking that there 977 00:40:54,122 --> 00:40:56,289 are so many families who probably need 978 00:40:56,289 --> 00:40:59,250 tools on how they can help as well , 979 00:40:59,260 --> 00:41:02,670 especially younger soldiers . I I 980 00:41:02,670 --> 00:41:06,440 think I'm a mother . If my Children 981 00:41:06,440 --> 00:41:08,662 reached out to me and told me they were 982 00:41:08,662 --> 00:41:10,884 victims and they were in the military , 983 00:41:10,884 --> 00:41:12,996 I don't know what I would do . And so 984 00:41:12,996 --> 00:41:15,162 that's I think that's another area for 985 00:41:15,162 --> 00:41:17,440 us to explore . I know I'm out of time . 986 00:41:17,440 --> 00:41:19,440 Thank you so much , Madam Chair . I 987 00:41:19,440 --> 00:41:21,384 think you've raised an interesting 988 00:41:21,384 --> 00:41:23,560 piece about our no wrong door approach 989 00:41:23,560 --> 00:41:25,782 and when we think of no wrong door , we 990 00:41:25,782 --> 00:41:27,893 think about it for victims themselves 991 00:41:27,893 --> 00:41:30,116 and that wherever they go , they should 992 00:41:30,116 --> 00:41:32,338 be able to get help . But I really like 993 00:41:32,338 --> 00:41:34,504 the way you frame this question . What 994 00:41:34,504 --> 00:41:36,671 is it we can do for families ? Because 995 00:41:36,671 --> 00:41:38,560 sexual assault effects the entire 996 00:41:38,560 --> 00:41:40,393 family . It affects spouses , It 997 00:41:40,393 --> 00:41:42,449 affects everyone . So I think it's a 998 00:41:42,449 --> 00:41:44,671 really excellent question for for us to 999 00:41:44,671 --> 00:41:48,390 consider The gentlewoman yields 1000 00:41:48,390 --> 00:41:50,446 back . The gentleman from Texas Mr . 1001 00:41:50,446 --> 00:41:52,723 Jackson is recognized for five minutes . 1002 00:41:52,723 --> 00:41:55,670 Thank you , madam Chair . I think Mr 1003 00:41:55,670 --> 00:41:57,892 took issue actually answered most of my 1004 00:41:57,892 --> 00:42:00,114 questions while I go in previous ones . 1005 00:42:00,114 --> 00:42:02,226 So I'll be I'll be brief here . But I 1006 00:42:02,226 --> 00:42:04,559 was just what I , what I want to say is , 1007 00:42:04,559 --> 00:42:03,840 you know , a sexual assault report is 1008 00:42:03,840 --> 00:42:05,951 one of the most sensitive issues that 1009 00:42:05,951 --> 00:42:08,118 our commanders have to deal with . And 1010 00:42:08,118 --> 00:42:07,540 I'll be honest with you , I think it's 1011 00:42:07,540 --> 00:42:09,540 a double edged sword . I think even 1012 00:42:09,540 --> 00:42:11,596 though most commanders don't want to 1013 00:42:11,596 --> 00:42:11,350 relinquish you need the authority they 1014 00:42:11,350 --> 00:42:13,572 have as commander . A lot of them would 1015 00:42:13,572 --> 00:42:15,572 be kind of relieved to pass some of 1016 00:42:15,572 --> 00:42:17,739 this on , you know , to someone else . 1017 00:42:17,739 --> 00:42:19,906 It's just not something that they want 1018 00:42:19,906 --> 00:42:19,320 to , you know , that they want to be 1019 00:42:19,320 --> 00:42:21,431 confronted with this kind of a no win 1020 00:42:21,431 --> 00:42:23,487 situation a lot of times for them as 1021 00:42:23,487 --> 00:42:25,653 well I think . But I know the handling 1022 00:42:25,653 --> 00:42:27,820 you were talking about the way this is 1023 00:42:27,820 --> 00:42:29,598 the way this progress is . Most 1024 00:42:29,598 --> 00:42:31,820 commanders . A lot of them I guess have 1025 00:42:31,820 --> 00:42:33,764 their own Jag officers that are in 1026 00:42:33,764 --> 00:42:35,820 their chinese command . Many of them 1027 00:42:35,820 --> 00:42:38,042 don't , but the ones that do have their 1028 00:42:38,042 --> 00:42:39,987 have Jag as part of their chain of 1029 00:42:39,987 --> 00:42:41,987 command , I'm assuming they utilize 1030 00:42:41,987 --> 00:42:44,280 their own judge advocates uh in doing 1031 00:42:44,280 --> 00:42:46,447 this , do they ? And then and the ones 1032 00:42:46,447 --> 00:42:48,558 that don't , I guess are forced to go 1033 00:42:48,558 --> 00:42:50,724 outside if they want to get uh if they 1034 00:42:50,724 --> 00:42:50,690 want to get advice from the judge 1035 00:42:50,690 --> 00:42:52,690 advocate . Do most commanders going 1036 00:42:52,690 --> 00:42:54,912 through this process ? Do they seek out 1037 00:42:54,912 --> 00:42:57,023 information uh from from the from the 1038 00:42:57,023 --> 00:42:59,023 Jag officer ? Uh and do they follow 1039 00:42:59,023 --> 00:43:02,530 that information ? So the IRC heard 1040 00:43:02,530 --> 00:43:05,020 sir ? That from certain commanders , 1041 00:43:05,020 --> 00:43:06,909 both past and present , that they 1042 00:43:06,909 --> 00:43:08,576 actually would be relieved to 1043 00:43:08,576 --> 00:43:10,390 relinquish the prosecutorial 1044 00:43:10,390 --> 00:43:12,230 responsibilities and have those 1045 00:43:12,230 --> 00:43:14,880 responsibilities uh kept with a 1046 00:43:14,890 --> 00:43:18,010 military prosecutor . Um most of the 1047 00:43:18,010 --> 00:43:20,590 commanders that we spoke with also said 1048 00:43:20,600 --> 00:43:24,160 that um they do seek the advice of 1049 00:43:24,160 --> 00:43:27,680 their lawyer . However , the our 1050 00:43:27,680 --> 00:43:30,490 commission was very much informed by 1051 00:43:30,490 --> 00:43:32,880 the Defense Advisory Committee on such 1052 00:43:32,880 --> 00:43:35,510 assault in the military . Is 2017 data 1053 00:43:35,700 --> 00:43:39,520 That highlighted 73 cases where a 1054 00:43:39,520 --> 00:43:42,030 judicial officer found no probable 1055 00:43:42,030 --> 00:43:44,880 cause to believe a crime existed yet . 1056 00:43:44,880 --> 00:43:48,820 Nonetheless , that senior Jag 1057 00:43:48,830 --> 00:43:51,400 advised that senior commander that the 1058 00:43:51,400 --> 00:43:53,567 case should be sent forward to trial . 1059 00:43:53,700 --> 00:43:55,890 Now , probable cause is a 1060 00:43:55,890 --> 00:43:58,100 constitutional threshold issue in the 1061 00:43:58,100 --> 00:44:00,780 United States of America Sending a case 1062 00:44:00,780 --> 00:44:02,950 to trial where a preliminary hearing 1063 00:44:02,950 --> 00:44:05,650 officer found no probable cause does 1064 00:44:05,650 --> 00:44:08,050 not serve victims of sexual assault and 1065 00:44:08,050 --> 00:44:10,860 does not serve those who are suspected 1066 00:44:10,870 --> 00:44:13,430 of sexual assault . And interestingly 1067 00:44:13,430 --> 00:44:17,140 enough , out of those 73 cases , 71 1068 00:44:17,150 --> 00:44:19,690 ended in acquittal . And of the two 1069 00:44:19,690 --> 00:44:22,140 that didn't end an acquittal , one of 1070 00:44:22,150 --> 00:44:24,094 the two of them were overturned on 1071 00:44:24,094 --> 00:44:26,930 appeal . So that is part of the broken 1072 00:44:26,930 --> 00:44:29,550 trust that the IRC found as it pertains 1073 00:44:29,550 --> 00:44:33,160 to command um having prosecutorial 1074 00:44:33,170 --> 00:44:35,630 decision making . Yeah , I tend to 1075 00:44:35,640 --> 00:44:37,640 agree with that a little bit too as 1076 00:44:37,640 --> 00:44:39,807 well because I think a lot of it is uh 1077 00:44:39,807 --> 00:44:41,696 if your commander , a lot of your 1078 00:44:41,696 --> 00:44:43,751 attitude is just a kind of a C . Y . 1079 00:44:43,751 --> 00:44:43,660 Attitude and that's probably not good 1080 00:44:43,660 --> 00:44:47,100 for anybody in the long run . Um so I 1081 00:44:47,110 --> 00:44:49,332 was going to ask , so it looks like the 1082 00:44:49,332 --> 00:44:51,443 plan is to remove this from the chain 1083 00:44:51,443 --> 00:44:53,221 of command , keep it within the 1084 00:44:53,221 --> 00:44:55,554 military but put it in a separate chain . 1085 00:44:55,554 --> 00:44:57,666 Is there any talk about removing this 1086 00:44:57,666 --> 00:44:59,610 completely and completely civilian 1087 00:44:59,610 --> 00:45:01,721 izing this process ? And you know , I 1088 00:45:01,721 --> 00:45:03,777 don't think that's a good idea in my 1089 00:45:03,777 --> 00:45:02,990 personal opinion , but is that being 1090 00:45:02,990 --> 00:45:05,101 discussed and what would be the issue 1091 00:45:05,101 --> 00:45:06,546 there , sir ? The IRC ? S 1092 00:45:06,546 --> 00:45:08,880 recommendation was that there would be 1093 00:45:08,880 --> 00:45:12,440 civilian oversight in terms of a senior 1094 00:45:12,450 --> 00:45:15,490 civilian who would fall underneath the 1095 00:45:15,490 --> 00:45:17,323 Secretary of Defense . Now , the 1096 00:45:17,323 --> 00:45:19,323 department disagreed with us . They 1097 00:45:19,323 --> 00:45:21,268 have that as a back up plan in the 1098 00:45:21,268 --> 00:45:23,490 ledge prop that came over to the hill . 1099 00:45:23,490 --> 00:45:26,780 Um so we felt strongly as a commission 1100 00:45:26,780 --> 00:45:29,070 that the civilian oversight was 1101 00:45:29,070 --> 00:45:32,150 important um as a control function , 1102 00:45:32,150 --> 00:45:34,440 but also that the civilian not only 1103 00:45:34,440 --> 00:45:36,496 have civilian experience , but prior 1104 00:45:36,496 --> 00:45:38,670 military justice experience . This 1105 00:45:38,680 --> 00:45:41,110 whole worldview or complete picture is 1106 00:45:41,110 --> 00:45:43,277 very important because another finding 1107 00:45:43,277 --> 00:45:45,500 we made as an IRC under recommendation 1108 00:45:45,500 --> 00:45:48,520 1.4 is that resistance to change among 1109 00:45:48,520 --> 00:45:50,742 senior leaders in the Jag corps is both 1110 00:45:50,742 --> 00:45:53,090 historic and entrenched . So we were 1111 00:45:53,090 --> 00:45:55,490 very informed by those who we spoke 1112 00:45:55,490 --> 00:45:59,170 with , including services T Jags who we 1113 00:45:59,170 --> 00:46:01,337 sat face to face with and they told us 1114 00:46:01,337 --> 00:46:04,130 what their opinion was of specializing 1115 00:46:04,130 --> 00:46:07,310 their Jag cores . Um and the resistance 1116 00:46:07,310 --> 00:46:09,532 to change was very apparent . So that's 1117 00:46:09,532 --> 00:46:11,830 why we felt very strongly that civilian 1118 00:46:11,840 --> 00:46:14,510 oversight , not absolute control , but 1119 00:46:14,510 --> 00:46:16,732 oversight was important . And it's also 1120 00:46:16,732 --> 00:46:18,454 important to note that the IRC 1121 00:46:18,454 --> 00:46:20,677 construct this concept of the office of 1122 00:46:20,677 --> 00:46:22,343 the special victim prosecutor 1123 00:46:22,343 --> 00:46:25,120 capitalises on using existing billets . 1124 00:46:25,130 --> 00:46:27,241 So we're not talking about creating a 1125 00:46:27,241 --> 00:46:29,740 brand new bureaucracy or an unwieldy 1126 00:46:29,740 --> 00:46:31,850 bureaucracy . These billets already 1127 00:46:31,850 --> 00:46:33,794 exists . There are already special 1128 00:46:33,794 --> 00:46:36,017 victim prosecutors . Among the services 1129 00:46:36,017 --> 00:46:38,080 Jag cores , the IRC recommends just 1130 00:46:38,080 --> 00:46:41,550 rebranding them , appointing a head 1131 00:46:41,550 --> 00:46:43,606 special victim prosecutor one or two 1132 00:46:43,606 --> 00:46:45,828 for each of the services , depending on 1133 00:46:45,828 --> 00:46:47,994 what the needs of the services are and 1134 00:46:47,994 --> 00:46:50,800 that that office be supervised by a 1135 00:46:50,800 --> 00:46:54,400 civilian SCS with osd oversight . Thank 1136 00:46:54,400 --> 00:46:56,622 you , ma'am . I appreciate that . Thank 1137 00:46:56,622 --> 00:46:58,622 you sir . I think I'm out of time . 1138 00:46:58,622 --> 00:47:00,456 Thank you . Gentleman's time has 1139 00:47:00,456 --> 00:47:02,789 expired . The gentleman from texas mr V . 1140 00:47:02,789 --> 00:47:04,733 C . Is recognized for five minutes 1141 00:47:04,733 --> 00:47:06,900 madam Chair . Thank you very much . We 1142 00:47:06,900 --> 00:47:09,590 had a very interesting with the , with 1143 00:47:09,590 --> 00:47:11,646 the , with the chairwoman , we had a 1144 00:47:11,646 --> 00:47:13,812 very interesting visit to Fort Hood to 1145 00:47:13,812 --> 00:47:15,970 talk about some of the issues around 1146 00:47:15,980 --> 00:47:19,720 sexual racial harassment on 1147 00:47:19,870 --> 00:47:22,080 military bases . And I wanted to just 1148 00:47:22,080 --> 00:47:24,480 ask you about uh , you know , some of 1149 00:47:24,480 --> 00:47:26,591 the off the record conversations that 1150 00:47:26,591 --> 00:47:28,910 we had with officers and enlistees 1151 00:47:29,380 --> 00:47:32,490 about some of the micro aggressions and 1152 00:47:32,490 --> 00:47:34,546 because I noticed in the report that 1153 00:47:34,546 --> 00:47:36,768 there was a section in here just on the 1154 00:47:36,768 --> 00:47:38,879 climate and culture and you know that 1155 00:47:38,879 --> 00:47:41,046 there really does seem to be a problem 1156 00:47:41,046 --> 00:47:43,268 in that area . And I think that they're 1157 00:47:43,268 --> 00:47:45,490 trying to address that and take it more 1158 00:47:45,490 --> 00:47:47,712 seriously . But I was just curious like 1159 00:47:47,712 --> 00:47:49,879 how the how do you think some of these 1160 00:47:49,879 --> 00:47:52,101 changes will will help in those areas ? 1161 00:47:52,101 --> 00:47:54,700 I think that one of the um areas where 1162 00:47:54,700 --> 00:47:56,867 we have a lot of issues or the sort of 1163 00:47:56,867 --> 00:47:59,390 everyday uh you know , slights that 1164 00:47:59,390 --> 00:48:01,760 women face that minorities face that 1165 00:48:01,770 --> 00:48:04,010 really just come second hand to so many 1166 00:48:04,010 --> 00:48:06,066 people and they don't really realize 1167 00:48:06,066 --> 00:48:08,121 that they're making those , you know 1168 00:48:08,121 --> 00:48:10,288 that they're that they're doing things 1169 00:48:10,288 --> 00:48:09,370 like that . Like for instance , one 1170 00:48:09,370 --> 00:48:12,550 officer um you know , told us that 1171 00:48:12,560 --> 00:48:16,260 uh you know , oh , you know , uh 1172 00:48:16,270 --> 00:48:18,214 you look nice today , but oh , you 1173 00:48:18,214 --> 00:48:20,437 can't say that . You know , we're gonna 1174 00:48:20,437 --> 00:48:22,214 we may get in trouble if we say 1175 00:48:22,214 --> 00:48:24,159 something like that . Can you talk 1176 00:48:24,159 --> 00:48:26,214 about how you just think that , uh , 1177 00:48:26,214 --> 00:48:26,120 that some of these changes might help 1178 00:48:26,120 --> 00:48:28,231 in those , in those areas ? Because I 1179 00:48:28,231 --> 00:48:30,231 think that is a really , really big 1180 00:48:30,231 --> 00:48:32,287 deal and should be a big concern . I 1181 00:48:32,287 --> 00:48:34,398 want to turn to Kai Hunter for this . 1182 00:48:34,398 --> 00:48:36,820 Please thank you so much , sir for 1183 00:48:36,830 --> 00:48:38,997 highlighting this . You know , I think 1184 00:48:38,997 --> 00:48:40,719 across the board in the entire 1185 00:48:40,719 --> 00:48:42,870 commission and in particular in the 1186 00:48:42,870 --> 00:48:45,092 climate and culture line of effort , we 1187 00:48:45,092 --> 00:48:47,259 found that these lingering attitudes , 1188 00:48:47,259 --> 00:48:50,280 beliefs , behaviors didn't just hurt 1189 00:48:50,470 --> 00:48:54,350 individuals but have a real 1190 00:48:54,350 --> 00:48:57,430 meaningful and in my opinion , you know , 1191 00:48:57,440 --> 00:48:59,630 terrifying impact on our national 1192 00:48:59,630 --> 00:49:03,460 security . If we think just about the 1193 00:49:03,470 --> 00:49:05,581 the sexual harassment side of this in 1194 00:49:05,581 --> 00:49:08,250 these smaller slights , a recent study 1195 00:49:08,250 --> 00:49:11,570 found that the military loses 1196 00:49:11,870 --> 00:49:15,590 Over 16,000 manpower hours a year 1197 00:49:15,970 --> 00:49:18,026 because of people leaving because of 1198 00:49:18,026 --> 00:49:20,137 these things . And and so it's a real 1199 00:49:20,137 --> 00:49:22,248 national security issue . We also see 1200 00:49:22,248 --> 00:49:24,900 that in the most recent um opiates data 1201 00:49:24,910 --> 00:49:28,090 on propensity to serve that young women 1202 00:49:28,100 --> 00:49:31,350 have half of the propensity to serve of 1203 00:49:31,350 --> 00:49:33,390 men of similar demographics there 1204 00:49:33,400 --> 00:49:36,160 because of fear of being harassed . And 1205 00:49:36,160 --> 00:49:38,327 that's that's their rationale that I'm 1206 00:49:38,327 --> 00:49:40,438 afraid of this . So we are losing out 1207 00:49:40,438 --> 00:49:42,604 on key recruitment intention at a time 1208 00:49:42,604 --> 00:49:44,604 in our history where it is critical 1209 00:49:44,604 --> 00:49:47,130 that we are able to recruit and retain 1210 00:49:47,140 --> 00:49:49,370 from the entire force population . So 1211 00:49:49,370 --> 00:49:51,426 when you look at our recommendations 1212 00:49:51,426 --> 00:49:53,092 and I think in particular the 1213 00:49:53,092 --> 00:49:55,092 recommendations that we have around 1214 00:49:55,092 --> 00:49:57,580 selecting the right leaders and using 1215 00:49:57,590 --> 00:50:00,330 real qualitative data to back up the 1216 00:50:00,330 --> 00:50:03,080 quantitative data that's there is going 1217 00:50:03,080 --> 00:50:04,913 to have a big impact not just on 1218 00:50:04,913 --> 00:50:06,747 addressing sexual harassment and 1219 00:50:06,747 --> 00:50:08,913 assault , but on addressing so many of 1220 00:50:08,913 --> 00:50:10,969 these everyday microaggressions that 1221 00:50:10,969 --> 00:50:12,913 you're talking about hearing there 1222 00:50:12,913 --> 00:50:16,430 because you harassment hate assault all 1223 00:50:16,430 --> 00:50:19,990 exist on a continuum . Someone who is , 1224 00:50:19,990 --> 00:50:22,430 you know , a sexual predator likely 1225 00:50:22,430 --> 00:50:24,870 holds other damaging beliefs as well 1226 00:50:24,880 --> 00:50:27,102 that are there . So when we think about 1227 00:50:27,102 --> 00:50:29,324 selecting these right leaders , what we 1228 00:50:29,324 --> 00:50:32,240 are basing this on is the fact that 1229 00:50:32,250 --> 00:50:35,230 people fight our wars and that without 1230 00:50:35,230 --> 00:50:37,960 the ability to recruit and retain those 1231 00:50:37,960 --> 00:50:40,016 talented young women and men that we 1232 00:50:40,016 --> 00:50:41,960 have there . It doesn't matter how 1233 00:50:41,960 --> 00:50:43,849 tactically competent you are as a 1234 00:50:43,849 --> 00:50:46,071 commander , you are failing our country 1235 00:50:46,960 --> 00:50:49,182 that is there and you are failing these 1236 00:50:49,182 --> 00:50:51,349 brave women and men who signed up . So 1237 00:50:51,349 --> 00:50:53,790 we really do believe that using a more 1238 00:50:53,790 --> 00:50:55,890 comprehensive selection mechanism , 1239 00:50:56,260 --> 00:50:58,316 using these climate surveys that are 1240 00:50:58,316 --> 00:51:00,316 going to give real time feedback to 1241 00:51:00,316 --> 00:51:01,871 commanders and actionable , 1242 00:51:01,871 --> 00:51:03,927 understandable information , they're 1243 00:51:03,927 --> 00:51:06,038 equipping them with the knowledge and 1244 00:51:06,038 --> 00:51:08,093 skills based on their level . That's 1245 00:51:08,093 --> 00:51:10,038 there is not only going to address 1246 00:51:10,038 --> 00:51:12,149 sexual harassment assault , but we'll 1247 00:51:12,149 --> 00:51:14,038 have these cascading impacts that 1248 00:51:14,038 --> 00:51:16,260 you're talking about . And that was one 1249 00:51:16,260 --> 00:51:18,482 thing that we heard from several people 1250 00:51:18,482 --> 00:51:20,482 was that , you know , your decision 1251 00:51:20,482 --> 00:51:22,538 whether or not you're going to re up 1252 00:51:22,538 --> 00:51:24,538 depends on what sort of support you 1253 00:51:24,538 --> 00:51:26,760 have with your in Ceo or your Ceo . And 1254 00:51:26,760 --> 00:51:26,500 that was something that was made very 1255 00:51:26,500 --> 00:51:29,020 clear to us . Uh , one other thing that 1256 00:51:29,020 --> 00:51:31,131 I was concerned about when we were on 1257 00:51:31,131 --> 00:51:33,550 our visit , uh , mental health . So if 1258 00:51:33,550 --> 00:51:35,930 someone reports a sexual , you know , 1259 00:51:35,930 --> 00:51:38,870 sexual harassment , a sexual assault 1260 00:51:38,870 --> 00:51:41,970 claim , how will you make sure that if 1261 00:51:41,970 --> 00:51:43,748 they need to seek mental health 1262 00:51:43,748 --> 00:51:47,490 services that it won't impact them 1263 00:51:47,490 --> 00:51:49,434 losing their security clearance or 1264 00:51:49,434 --> 00:51:51,657 gaining a higher security clearance ? I 1265 00:51:51,657 --> 00:51:53,712 know that was one area that was that 1266 00:51:53,712 --> 00:51:55,879 people were very concerned about . And 1267 00:51:55,879 --> 00:51:57,657 obviously if you've experienced 1268 00:51:57,657 --> 00:51:59,768 something like a sexual assault or or 1269 00:51:59,768 --> 00:52:01,879 any or any sort of uh assault on your 1270 00:52:01,879 --> 00:52:04,050 person , uh that could obviously also 1271 00:52:04,050 --> 00:52:07,300 play have a mental trauma . So can you 1272 00:52:07,300 --> 00:52:10,130 address how you would uh you know , 1273 00:52:10,130 --> 00:52:11,920 work out that very , you know , 1274 00:52:11,930 --> 00:52:15,420 delicate situation . We did not assess 1275 00:52:15,420 --> 00:52:17,587 the security clearance issue , which I 1276 00:52:17,587 --> 00:52:19,642 know has been a long term project of 1277 00:52:19,642 --> 00:52:21,698 the department and some efforts have 1278 00:52:21,698 --> 00:52:23,753 been made . And in the past , sexual 1279 00:52:23,753 --> 00:52:25,753 assault reports were not required . 1280 00:52:25,753 --> 00:52:27,587 Sexual assault treatment was not 1281 00:52:27,587 --> 00:52:29,364 required to be reported in that 1282 00:52:29,364 --> 00:52:31,476 question . I know that there's been a 1283 00:52:31,476 --> 00:52:33,642 lot of effort to try to better address 1284 00:52:33,642 --> 00:52:35,809 that security clearance question . But 1285 00:52:35,809 --> 00:52:37,809 we did look at access to mental and 1286 00:52:37,809 --> 00:52:39,864 behavioral health services to ensure 1287 00:52:39,864 --> 00:52:42,087 that it's accessible and that it can be 1288 00:52:42,087 --> 00:52:45,270 obtained confidentially . Thank you 1289 00:52:45,270 --> 00:52:47,492 very much . Thank you , madam . Chair . 1290 00:52:50,050 --> 00:52:52,140 Gentleman's time has expired . 1291 00:52:53,250 --> 00:52:55,194 Gentlewoman from California . Miss 1292 00:52:55,194 --> 00:52:57,417 Jacobs is recognized for five minutes . 1293 00:52:57,417 --> 00:52:59,639 Thank you Madam Chair and thank you all 1294 00:52:59,639 --> 00:53:01,861 for being here and for all of your hard 1295 00:53:01,861 --> 00:53:04,083 work on this topic . I know it's not an 1296 00:53:04,083 --> 00:53:06,250 easy thing to be working on day in and 1297 00:53:06,250 --> 00:53:08,139 day out . Um and we really really 1298 00:53:08,139 --> 00:53:10,306 appreciate it . Um General johnson , I 1299 00:53:10,306 --> 00:53:12,250 wanted to follow up on some points 1300 00:53:12,250 --> 00:53:14,083 earlier around the importance of 1301 00:53:14,083 --> 00:53:17,560 prevention . Um In your report , 1302 00:53:17,570 --> 00:53:20,860 a senior leader is quoted saying right 1303 00:53:20,860 --> 00:53:23,027 now it is easier to hold the commander 1304 00:53:23,027 --> 00:53:25,082 accountable for an incident than the 1305 00:53:25,082 --> 00:53:27,310 environment before the incident . And I 1306 00:53:27,310 --> 00:53:29,532 think all of us here today are grateful 1307 00:53:29,532 --> 00:53:31,588 that we're finally moving forward on 1308 00:53:31,588 --> 00:53:33,790 ways to hold some people accountable 1309 00:53:33,800 --> 00:53:36,040 when there is an incident . But what 1310 00:53:36,050 --> 00:53:38,106 more can we do to make sure that the 1311 00:53:38,106 --> 00:53:40,272 commanding officers who permit such an 1312 00:53:40,272 --> 00:53:42,494 environment of impunity to exist in the 1313 00:53:42,494 --> 00:53:44,772 first place are also being disciplined ? 1314 00:53:44,772 --> 00:53:46,939 Um in your earlier answer , you stated 1315 00:53:46,939 --> 00:53:46,860 that too many ceos lack the 1316 00:53:46,870 --> 00:53:49,250 competencies to create an environment 1317 00:53:49,250 --> 00:53:51,417 in which sexual harassment and assault 1318 00:53:51,417 --> 00:53:53,583 are simply not tolerated . And I guess 1319 00:53:53,583 --> 00:53:55,861 I'm just wondering how that's possible . 1320 00:53:55,861 --> 00:53:57,972 Given the very , very many years this 1321 00:53:57,972 --> 00:54:00,194 committee has focused on this problem . 1322 00:54:02,140 --> 00:54:04,370 Thank you very much for that question . 1323 00:54:04,370 --> 00:54:08,250 Congresswoman I am , I would say that 1324 00:54:09,240 --> 00:54:12,730 our focus was all primary prevention . 1325 00:54:12,740 --> 00:54:15,110 So everything we looked at was before 1326 00:54:15,110 --> 00:54:17,900 the event . So accountability , any of 1327 00:54:17,900 --> 00:54:20,330 that separate . But when we looked at 1328 00:54:20,330 --> 00:54:22,552 before the event , it was very clear to 1329 00:54:22,552 --> 00:54:25,040 us that leaders really require these 1330 00:54:25,040 --> 00:54:26,929 competencies that are based on an 1331 00:54:26,929 --> 00:54:28,762 understanding of public health , 1332 00:54:28,940 --> 00:54:31,550 behavioral health , social sciences , 1333 00:54:31,560 --> 00:54:35,180 sociology , um that doesn't exist 1334 00:54:35,180 --> 00:54:37,540 today . And so our recommendation was 1335 00:54:37,540 --> 00:54:40,640 that the department uh determine what 1336 00:54:40,640 --> 00:54:42,473 are those defined those specific 1337 00:54:42,473 --> 00:54:44,590 competencies . And you would have to 1338 00:54:44,590 --> 00:54:47,600 look at the social ecological model in 1339 00:54:47,600 --> 00:54:50,550 the report that was designed with the D . 1340 00:54:50,550 --> 00:54:52,830 O . D . In mind . Right ? So depending 1341 00:54:52,830 --> 00:54:55,030 on where you are in that model as a 1342 00:54:55,030 --> 00:54:57,030 leader , whether you're a frontline 1343 00:54:57,030 --> 00:54:59,252 leader or again the most senior leaders 1344 00:54:59,252 --> 00:55:01,419 in the services or in the department , 1345 00:55:01,419 --> 00:55:03,586 um you would recognize that you have a 1346 00:55:03,586 --> 00:55:05,808 role in that model and then it would be 1347 00:55:05,808 --> 00:55:07,810 a matter of how you develop those 1348 00:55:07,820 --> 00:55:10,240 competencies . And then so once the 1349 00:55:10,250 --> 00:55:13,000 department of designs the model , the 1350 00:55:13,000 --> 00:55:15,090 services would then develop those 1351 00:55:15,090 --> 00:55:17,370 competencies and individuals and at 1352 00:55:17,370 --> 00:55:20,300 every level then this is the key . It 1353 00:55:20,300 --> 00:55:22,244 has to be evaluated . This is your 1354 00:55:22,244 --> 00:55:24,356 point , it has to be evaluated . Some 1355 00:55:24,356 --> 00:55:26,510 of this crosses over into what the 1356 00:55:26,520 --> 00:55:28,576 culture and climate has looked at in 1357 00:55:28,576 --> 00:55:30,798 terms of ensuring that , you know , you 1358 00:55:30,798 --> 00:55:32,687 have processes for evaluating and 1359 00:55:32,687 --> 00:55:34,798 selecting the right leaders that that 1360 00:55:34,798 --> 00:55:37,020 ties into this , but you would actually 1361 00:55:37,020 --> 00:55:39,740 have um , leaders um talking to their 1362 00:55:39,740 --> 00:55:42,810 subordinate leaders about prevention in 1363 00:55:42,810 --> 00:55:45,143 a more meaningful way that exists today . 1364 00:55:45,143 --> 00:55:48,590 Is it ? Thank you . Um , and it's my 1365 00:55:48,590 --> 00:55:50,950 understanding that on these panels 1366 00:55:50,950 --> 00:55:53,340 there are actually very few women were 1367 00:55:53,340 --> 00:55:55,451 now at the full accountability on the 1368 00:55:55,451 --> 00:55:58,700 prevention piece , um , and in part 1369 00:55:58,710 --> 00:56:01,040 because they're systematically removed 1370 00:56:01,050 --> 00:56:03,160 from juries for cause as part of the 1371 00:56:03,170 --> 00:56:05,337 Guardia process , I was just wondering 1372 00:56:05,337 --> 00:56:07,170 Mr Evans all to do , analyze the 1373 00:56:07,170 --> 00:56:09,337 fairness and representativeness of the 1374 00:56:09,337 --> 00:56:11,003 jury selection process . What 1375 00:56:11,003 --> 00:56:13,226 conclusions did you reach if it was not 1376 00:56:13,226 --> 00:56:15,337 part of the review ? Why not ? And do 1377 00:56:15,337 --> 00:56:17,281 you agree that systemic removal of 1378 00:56:17,281 --> 00:56:19,337 women and victims advocates would be 1379 00:56:19,337 --> 00:56:21,281 deemed unacceptable , perhaps even 1380 00:56:21,281 --> 00:56:23,392 unconstitutional in civilian courts ? 1381 00:56:23,392 --> 00:56:23,320 We did look at the jury polish , and I 1382 00:56:23,320 --> 00:56:25,542 want to turn to meg and to address that 1383 00:56:25,542 --> 00:56:28,750 question . Yes . So we did look at that 1384 00:56:28,760 --> 00:56:31,700 uh issue with respect to the jury pool 1385 00:56:31,710 --> 00:56:33,690 and that was why one of our 1386 00:56:33,690 --> 00:56:35,870 recommendations is that especially 1387 00:56:35,870 --> 00:56:37,981 sentencing should be taken out of the 1388 00:56:37,981 --> 00:56:41,030 hands of military panels and placed 1389 00:56:41,030 --> 00:56:43,363 squarely in the hands of military judge , 1390 00:56:43,363 --> 00:56:46,730 judges . Um And judges alone , um we 1391 00:56:46,730 --> 00:56:49,740 didn't do an in depth dive on the voir 1392 00:56:49,740 --> 00:56:53,560 dire process and the how or why um 1393 00:56:53,570 --> 00:56:57,160 women might be eliminated . Um Of 1394 00:56:57,160 --> 00:56:59,590 course , council could always issue a 1395 00:56:59,590 --> 00:57:03,000 challenge as to why opposing 1396 00:57:03,000 --> 00:57:05,610 counsel struck a woman from the court 1397 00:57:05,610 --> 00:57:09,240 martial panel , but we did not go into 1398 00:57:09,250 --> 00:57:12,610 the in depth details court martial by 1399 00:57:12,610 --> 00:57:14,760 court martial . And quite frankly , I 1400 00:57:14,760 --> 00:57:17,480 would be surprised if data even exists 1401 00:57:17,490 --> 00:57:20,850 in the armed forces analyzing jury 1402 00:57:20,850 --> 00:57:22,628 selection . I think it would be 1403 00:57:22,628 --> 00:57:24,850 fascinating . I think that it's an area 1404 00:57:24,850 --> 00:57:27,610 that's really ripe for some uh 1405 00:57:27,620 --> 00:57:31,170 discovery of what's going on um with 1406 00:57:31,170 --> 00:57:33,059 respect to the selection of panel 1407 00:57:33,059 --> 00:57:35,170 members . But it's just not something 1408 00:57:35,170 --> 00:57:37,940 that we were able to to do a deep 1409 00:57:37,940 --> 00:57:41,280 analysis of . Okay well maybe Madam 1410 00:57:41,280 --> 00:57:43,447 Chair , that's something we can we can 1411 00:57:43,447 --> 00:57:45,780 ask the idea that I will yield back now . 1412 00:57:46,530 --> 00:57:48,610 I think the general lady we had 1413 00:57:48,610 --> 00:57:52,110 recommended random randomizing the jury 1414 00:57:52,110 --> 00:57:54,970 selection . Did you not recommend that 1415 00:57:54,970 --> 00:57:57,430 in your I . R . C . Recommendations ? 1416 00:57:57,440 --> 00:57:59,384 Yes ma'am . We also heard from the 1417 00:57:59,384 --> 00:58:01,650 services that randomized selection is 1418 00:58:01,650 --> 00:58:04,240 going through a pilot program currently . 1419 00:58:04,250 --> 00:58:07,940 Uh So the I . R . C . Liked 1420 00:58:07,950 --> 00:58:10,660 that idea which is why our 1421 00:58:10,660 --> 00:58:13,070 recommendation to keep the 1422 00:58:13,080 --> 00:58:16,640 logistical um process of 1423 00:58:16,640 --> 00:58:18,584 convening a court martial with the 1424 00:58:18,584 --> 00:58:21,350 command because we felt confident that 1425 00:58:21,350 --> 00:58:24,340 with the randomized selection of 1426 00:58:24,820 --> 00:58:28,050 juries and with councils wadia 1427 00:58:28,050 --> 00:58:32,000 process um we would be able to overcome 1428 00:58:32,010 --> 00:58:34,370 the perception that commanders are hand 1429 00:58:34,370 --> 00:58:36,820 picking the juries , that they want to 1430 00:58:36,820 --> 00:58:39,750 be able to achieve a particular result . 1431 00:58:40,220 --> 00:58:43,460 The IRC was persuaded by the services 1432 00:58:43,460 --> 00:58:45,516 who told us that the commander is in 1433 00:58:45,516 --> 00:58:48,630 the best position to make again , very 1434 00:58:48,630 --> 00:58:51,590 logistical decisions about availability . 1435 00:58:51,600 --> 00:58:54,200 So for example , is this particular 1436 00:58:54,200 --> 00:58:56,530 service member on maternity leave or 1437 00:58:56,530 --> 00:58:59,070 paternity leave ? Is this member within 1438 00:58:59,070 --> 00:59:02,600 my charge on deployment ? So we felt 1439 00:59:02,600 --> 00:59:05,880 compelled and persuaded by uh this 1440 00:59:05,890 --> 00:59:09,100 argument that the logistical uh 1441 00:59:09,110 --> 00:59:11,420 mechanism of of convening the court 1442 00:59:11,420 --> 00:59:13,170 martial was best kept with the 1443 00:59:13,170 --> 00:59:15,900 commander because it was just that a 1444 00:59:15,900 --> 00:59:18,230 purely logistical function , we felt 1445 00:59:18,230 --> 00:59:21,360 very secure in the fact that the use of 1446 00:59:21,360 --> 00:59:24,170 randomized selection for juries is a 1447 00:59:24,170 --> 00:59:26,170 step in the right direction coupled 1448 00:59:26,170 --> 00:59:28,003 with individual council of Wajir 1449 00:59:28,003 --> 00:59:30,810 process um were protections enough to 1450 00:59:30,810 --> 00:59:33,060 make sure that commanders weren't quote 1451 00:59:33,060 --> 00:59:35,950 stacking the jury's unquote to achieve 1452 00:59:35,950 --> 00:59:39,030 a particular result . Thank you . Um 1453 00:59:40,220 --> 00:59:42,650 Mr Brown from Maryland is recognized 1454 00:59:42,650 --> 00:59:44,706 for five minutes . Thank you , Madam 1455 00:59:44,706 --> 00:59:46,761 Chair . And again , thank you to you 1456 00:59:46,761 --> 00:59:48,817 and the committee for allowing me to 1457 00:59:48,817 --> 00:59:50,928 waive onto the committee uh to the to 1458 00:59:50,928 --> 00:59:53,094 the panelists of uh members of the R . 1459 00:59:53,094 --> 00:59:55,540 C . I am truly grateful for your work 1460 00:59:55,920 --> 00:59:59,560 um like the cavalry just in time . Um , 1461 00:59:59,560 --> 01:00:01,727 and so I really really appreciate your 1462 01:00:01,727 --> 01:00:04,250 work . Um , So as um , I asked earlier 1463 01:00:04,260 --> 01:00:08,050 uh , with uh , DR Hicks , uh , and 1464 01:00:08,060 --> 01:00:10,450 others have identified some areas where 1465 01:00:10,450 --> 01:00:12,580 the D . O . D . Is not accepting some 1466 01:00:12,580 --> 01:00:15,510 of the recommendations . Um the the one 1467 01:00:15,510 --> 01:00:17,621 that that that seems that troubled me 1468 01:00:17,621 --> 01:00:21,410 the most um has to do with uh the 1469 01:00:21,420 --> 01:00:25,010 uh special victim categories . And and 1470 01:00:25,010 --> 01:00:28,000 the the IRC . You had , you had three 1471 01:00:28,010 --> 01:00:31,270 categories . One was offenses , the 1472 01:00:31,270 --> 01:00:35,050 second was the trade of victims . And 1473 01:00:35,060 --> 01:00:37,227 and number three was the intent of the 1474 01:00:37,227 --> 01:00:39,338 offender . It's my understanding that 1475 01:00:39,338 --> 01:00:41,338 the department is willing to accept 1476 01:00:41,338 --> 01:00:43,560 category one and only Category one . Is 1477 01:00:43,560 --> 01:00:45,671 that is that is that accurate ? Yes , 1478 01:00:45,671 --> 01:00:47,782 that's our understanding , sir . So , 1479 01:00:47,782 --> 01:00:50,330 so this is the scenario that would 1480 01:00:50,330 --> 01:00:52,219 bother me and maybe tell me if it 1481 01:00:52,219 --> 01:00:54,790 bothers you or not . I mean if you have 1482 01:00:54,790 --> 01:00:58,240 an intimate partner who chooses to 1483 01:00:58,810 --> 01:01:02,640 embezzle their partner to otherwise 1484 01:01:02,930 --> 01:01:06,380 commit some form of theft against their 1485 01:01:06,380 --> 01:01:09,510 partner . Um would that be covered by 1486 01:01:09,510 --> 01:01:13,460 Category 1 ? So it wouldn't 1487 01:01:13,460 --> 01:01:16,280 be covered by category one per se 1488 01:01:16,280 --> 01:01:18,010 because embezzlement is not an 1489 01:01:18,010 --> 01:01:21,730 inherently special victim crime , But 1490 01:01:21,740 --> 01:01:23,851 the crime as you described , it would 1491 01:01:23,851 --> 01:01:25,907 be covered under the ICC recommended 1492 01:01:25,907 --> 01:01:28,620 construct because of the interpersonal 1493 01:01:28,670 --> 01:01:30,781 nature and relationship that you just 1494 01:01:30,781 --> 01:01:32,892 spoke . But that's only if you accept 1495 01:01:32,892 --> 01:01:35,003 category two . Yes , sir . Right . So 1496 01:01:35,003 --> 01:01:37,226 that's my concern . I mean , you've got 1497 01:01:37,226 --> 01:01:39,392 a what I think is very comprehensive , 1498 01:01:39,392 --> 01:01:41,680 thoughtful approach , best practice , 1499 01:01:41,690 --> 01:01:44,110 evidence based , you know , special 1500 01:01:44,110 --> 01:01:46,443 victims units created like we have in U . 1501 01:01:46,443 --> 01:01:48,388 S . Attorney's Office , in State's 1502 01:01:48,388 --> 01:01:50,499 Attorney's Office , the department is 1503 01:01:50,499 --> 01:01:52,666 coming in and saying yes , 60 day , 90 1504 01:01:52,666 --> 01:01:54,888 day , excellent work . We're adopting , 1505 01:01:55,210 --> 01:01:57,099 but not everything . So , I think 1506 01:01:57,099 --> 01:01:59,099 there's some real concerns here and 1507 01:01:59,099 --> 01:02:01,321 that what ends up happening is you have 1508 01:02:01,321 --> 01:02:03,488 this Pink court and if it's cases that 1509 01:02:03,488 --> 01:02:06,120 look purely sexual in nature , great , 1510 01:02:06,130 --> 01:02:08,130 you'll get the special , you know , 1511 01:02:08,130 --> 01:02:10,330 independent trial counsel , making 1512 01:02:10,330 --> 01:02:12,219 decisions about referral to court 1513 01:02:12,219 --> 01:02:14,386 martial , but everything else it stays 1514 01:02:14,386 --> 01:02:16,108 with the commander . That's my 1515 01:02:16,108 --> 01:02:18,330 fundamental concern . You're you're not 1516 01:02:18,330 --> 01:02:20,500 wrong with the I . R . C . The IRC 1517 01:02:20,510 --> 01:02:22,732 believes strongly in the fact that this 1518 01:02:22,732 --> 01:02:24,510 case , as you described in your 1519 01:02:24,510 --> 01:02:26,732 hypothetical would be a special victims 1520 01:02:26,732 --> 01:02:28,566 case and they're real because it 1521 01:02:28,566 --> 01:02:30,990 happens all the time . Absolutely . So , 1522 01:02:31,000 --> 01:02:34,480 Mr Rosendahl , the commission 1523 01:02:34,530 --> 01:02:37,480 found that due to the breadth and depth 1524 01:02:37,480 --> 01:02:40,620 of the lack of trust by junior enlisted 1525 01:02:40,620 --> 01:02:42,787 service members in commanders , it was 1526 01:02:42,787 --> 01:02:44,898 determined that the status quo or any 1527 01:02:44,898 --> 01:02:47,120 variation of status quo , that retained 1528 01:02:47,120 --> 01:02:49,231 commanders as disposition authorities 1529 01:02:49,231 --> 01:02:51,398 and sexual harassment , sexual assault 1530 01:02:51,398 --> 01:02:53,509 and related cases would fail to offer 1531 01:02:53,509 --> 01:02:52,970 the change required to restore 1532 01:02:52,970 --> 01:02:54,803 confidence in the system as I am 1533 01:02:54,803 --> 01:02:57,000 hearing testimony as I've heard from 1534 01:02:57,000 --> 01:02:59,222 the department as I read the report . I 1535 01:02:59,222 --> 01:03:01,389 mean , trust is huge here . That seems 1536 01:03:01,389 --> 01:03:03,611 to be and correct me if I'm wrong , not 1537 01:03:03,611 --> 01:03:05,778 the only , but perhaps one of the most 1538 01:03:05,778 --> 01:03:08,700 motivating factors in . What is this ? 1539 01:03:08,710 --> 01:03:12,440 A a significant reform of court 1540 01:03:12,440 --> 01:03:14,662 martial referrals trust , the lack of , 1541 01:03:15,200 --> 01:03:17,200 I mean , is that accurate or that's 1542 01:03:17,200 --> 01:03:19,367 correct . That's our top finding . And 1543 01:03:19,367 --> 01:03:21,540 it's part of this chasm between what 1544 01:03:21,540 --> 01:03:23,707 senior leaders say about the problem . 1545 01:03:23,707 --> 01:03:25,929 There's no tolerance for sexual assault 1546 01:03:25,929 --> 01:03:28,151 and harassment and what junior enlisted 1547 01:03:28,151 --> 01:03:30,850 members experience , which is 100% 1548 01:03:30,850 --> 01:03:33,750 tolerance in some cases . That chasm is 1549 01:03:33,750 --> 01:03:35,860 what creates the lack of trust . The 1550 01:03:35,860 --> 01:03:38,050 lack of trust is our key finding . It 1551 01:03:38,050 --> 01:03:39,494 doesn't only apply to the 1552 01:03:39,494 --> 01:03:41,828 accountability line of effort . However , 1553 01:03:41,828 --> 01:03:43,994 it applies to having a victim advocacy 1554 01:03:43,994 --> 01:03:46,210 work force that is qualified to meet 1555 01:03:46,210 --> 01:03:48,266 the needs of victims . It applies to 1556 01:03:48,266 --> 01:03:50,266 how victims are handled and treated 1557 01:03:50,266 --> 01:03:52,400 across the board . What we see this 1558 01:03:52,400 --> 01:03:54,400 reluctance to report has to do with 1559 01:03:54,400 --> 01:03:56,400 this when someone who's experienced 1560 01:03:56,400 --> 01:03:59,130 sexual assault sees how their peer is 1561 01:03:59,130 --> 01:04:01,670 handled , when they to experience 1562 01:04:01,670 --> 01:04:03,448 sexual assault and they see the 1563 01:04:03,448 --> 01:04:05,360 bullying and the ostracism that 1564 01:04:05,360 --> 01:04:07,390 commanders are not stepping in and 1565 01:04:07,390 --> 01:04:10,140 taking charge of . And let me love that . 1566 01:04:10,140 --> 01:04:12,140 And I appreciate that . Let me just 1567 01:04:12,140 --> 01:04:14,307 jump in . I think that lack of trust , 1568 01:04:14,307 --> 01:04:16,529 I know it wasn't in the scope . I think 1569 01:04:16,529 --> 01:04:18,529 that lack of trust spills over in a 1570 01:04:18,529 --> 01:04:20,473 huge way when it comes to race and 1571 01:04:20,473 --> 01:04:22,640 ethnicity under prosecution for sexual 1572 01:04:22,640 --> 01:04:24,751 assaults over prosecution . Black and 1573 01:04:24,751 --> 01:04:26,973 brown service members . Mr Cash in your 1574 01:04:26,973 --> 01:04:29,140 personal opinion . Do you think that , 1575 01:04:29,140 --> 01:04:30,920 um , removing all felony , um , 1576 01:04:30,930 --> 01:04:33,410 offenses or treating them the same way 1577 01:04:33,410 --> 01:04:35,132 that you , that the commission 1578 01:04:35,132 --> 01:04:37,140 recommends we treat sexual assault 1579 01:04:37,140 --> 01:04:39,196 cases ? Do you think that would make 1580 01:04:39,196 --> 01:04:41,810 sense ? So to be clear , I came onto 1581 01:04:41,810 --> 01:04:43,810 this commission and I had to from a 1582 01:04:43,810 --> 01:04:46,032 place of neutrality . Obviously , I had 1583 01:04:46,032 --> 01:04:48,143 military former military service as a 1584 01:04:48,143 --> 01:04:50,254 special victim prosecutor in the army 1585 01:04:50,254 --> 01:04:52,199 and I'm a current assistant United 1586 01:04:52,199 --> 01:04:53,866 States Attorney . So a career 1587 01:04:53,866 --> 01:04:55,866 prosecutor by trade . Um , I had to 1588 01:04:55,866 --> 01:04:58,088 come to this commission from a place of 1589 01:04:58,088 --> 01:05:00,500 neutrality because the task required 1590 01:05:00,790 --> 01:05:04,390 nothing less . Our charter was very , 1591 01:05:04,400 --> 01:05:07,300 very narrow , narrowly focused . If we 1592 01:05:07,300 --> 01:05:10,620 had another 90 days , we could maybe 1593 01:05:10,620 --> 01:05:13,470 examine whether all felonies , 1594 01:05:13,480 --> 01:05:16,260 uh , if there's even a problem that 1595 01:05:16,260 --> 01:05:19,370 exists with that , with all felonies 1596 01:05:19,380 --> 01:05:21,420 uttering false checks . Larceny 1597 01:05:21,430 --> 01:05:24,200 homicide , that was just not in our 1598 01:05:24,200 --> 01:05:27,540 charter . Um , and what we were focused 1599 01:05:27,540 --> 01:05:29,651 on where sexual harassment and sexual 1600 01:05:29,651 --> 01:05:32,190 assault and so as we focused on that , 1601 01:05:32,200 --> 01:05:35,420 that is how we landed on this lack of 1602 01:05:35,420 --> 01:05:37,720 trust in the system . And again , I 1603 01:05:37,720 --> 01:05:39,820 think to , to your initial point , 1604 01:05:39,830 --> 01:05:42,740 congressman Brown is that it's because 1605 01:05:42,750 --> 01:05:44,806 these crimes are so interpersonal in 1606 01:05:44,806 --> 01:05:46,639 nature . It's what makes them so 1607 01:05:46,639 --> 01:05:49,990 complex and requires independent , 1608 01:05:50,000 --> 01:05:51,680 highly trained special victim 1609 01:05:51,680 --> 01:05:54,040 prosecutors . Because these crimes are 1610 01:05:54,040 --> 01:05:56,096 unique , they're different . They're 1611 01:05:56,096 --> 01:05:58,151 not uttering a false check . They're 1612 01:05:58,151 --> 01:06:00,318 not Hamas , you know , a homicide with 1613 01:06:00,318 --> 01:06:02,630 no other motives . They're not a 1614 01:06:02,640 --> 01:06:04,940 larceny of barracks larceny , These are 1615 01:06:04,940 --> 01:06:06,940 crimes that are so interpersonal in 1616 01:06:06,940 --> 01:06:10,080 nature . They demand , uh , and they 1617 01:06:10,090 --> 01:06:12,670 should have the specialization of 1618 01:06:12,670 --> 01:06:15,370 special victim prosecutors and other 1619 01:06:15,380 --> 01:06:18,070 specialized trained investigators and 1620 01:06:18,070 --> 01:06:21,490 victim advocates to be able to champion 1621 01:06:21,490 --> 01:06:23,323 these cases through the military 1622 01:06:23,323 --> 01:06:25,379 justice system . Gentleman's time is 1623 01:06:25,379 --> 01:06:27,601 exactly here . Um let me just follow up 1624 01:06:27,601 --> 01:06:29,712 with that briefly miss to cash in the 1625 01:06:29,712 --> 01:06:33,510 case of the tragic death of 1626 01:06:33,510 --> 01:06:37,280 Vanessa again um under the D . O . 1627 01:06:37,280 --> 01:06:40,490 D . Proposal . 1628 01:06:41,180 --> 01:06:44,920 That case would not come under the 1629 01:06:45,140 --> 01:06:47,370 aegis of the special victims unit . 1630 01:06:47,370 --> 01:06:51,370 Correct , correct . It would come 1631 01:06:51,380 --> 01:06:55,290 under the special victim prosecutor 1632 01:06:55,290 --> 01:06:58,500 construct that the IRC has recommended 1633 01:06:58,880 --> 01:07:02,090 and the IRC would have taken 1634 01:07:02,680 --> 01:07:05,320 mississippians case and we would have 1635 01:07:05,320 --> 01:07:07,910 taken it because during the course of 1636 01:07:07,910 --> 01:07:10,150 the homicide investigation , when 1637 01:07:10,150 --> 01:07:12,990 investigators learned that Miss Gideon 1638 01:07:12,990 --> 01:07:15,710 was previously sexually harassed , 1639 01:07:17,380 --> 01:07:19,460 that trained military criminal 1640 01:07:19,460 --> 01:07:22,290 investigator would have contacted the 1641 01:07:22,290 --> 01:07:24,790 special victim prosecutor who then 1642 01:07:24,790 --> 01:07:27,990 would have moved to action And 1643 01:07:28,000 --> 01:07:30,920 addressed the sexual harassment case . 1644 01:07:30,930 --> 01:07:33,600 But what we know from fiscal year 2019 1645 01:07:33,600 --> 01:07:35,860 data and the Fort Hood report as it 1646 01:07:35,860 --> 01:07:39,770 pertained to army c . i . d . 1647 01:07:39,770 --> 01:07:43,140 92 of the criminal investigators at 1648 01:07:43,140 --> 01:07:44,640 Fort Hood texas during the 1649 01:07:44,640 --> 01:07:46,696 investigation investigation were not 1650 01:07:46,696 --> 01:07:48,862 even properly credentialed , they were 1651 01:07:48,862 --> 01:07:51,029 apprentices weren't they ? They were . 1652 01:07:51,029 --> 01:07:53,140 And so that phone call was never made 1653 01:07:53,480 --> 01:07:56,120 and that is a tragedy . That is why 1654 01:07:56,120 --> 01:07:58,480 this commission feels so deeply about 1655 01:07:58,480 --> 01:08:02,360 the three categories that that defined 1656 01:08:02,360 --> 01:08:04,920 the special victim construct . And so 1657 01:08:04,930 --> 01:08:07,210 we are here to say that we would have 1658 01:08:07,210 --> 01:08:09,390 taken your family's case . 1659 01:08:10,570 --> 01:08:14,380 Absolutely . Uh The other issue 1660 01:08:14,380 --> 01:08:17,010 that is um plaguing me as well as child 1661 01:08:17,010 --> 01:08:19,490 abuse under what the Department of 1662 01:08:19,490 --> 01:08:22,170 Defense has recommended child abuse 1663 01:08:22,170 --> 01:08:24,003 would not come under the special 1664 01:08:24,003 --> 01:08:27,190 victims review . Therefore that the 1665 01:08:27,190 --> 01:08:30,360 child would be subject to . Um I think 1666 01:08:30,370 --> 01:08:33,630 undo challenges in terms of testifying 1667 01:08:33,630 --> 01:08:35,686 and the like as well . What are your 1668 01:08:35,686 --> 01:08:37,920 thoughts on that ? There may be no more 1669 01:08:37,920 --> 01:08:40,660 special victim that greater than a 1670 01:08:40,660 --> 01:08:44,270 child um for a whole host of reasons 1671 01:08:44,270 --> 01:08:47,390 and that is also why the IRC 1672 01:08:47,400 --> 01:08:50,930 included Children um , and also the 1673 01:08:50,930 --> 01:08:52,652 elderly in our special victims 1674 01:08:52,652 --> 01:08:56,480 construct . All right . I 1675 01:08:56,480 --> 01:08:59,640 think we've covered everything . Mr 1676 01:08:59,650 --> 01:09:01,860 Gallagher Gallagher . Do you have any 1677 01:09:01,870 --> 01:09:04,148 final questions or comments ? I do not , 1678 01:09:04,148 --> 01:09:06,314 but I just want to thank our witnesses 1679 01:09:06,314 --> 01:09:08,314 for not only being here today , but 1680 01:09:08,314 --> 01:09:10,426 just for all the work and energy they 1681 01:09:10,426 --> 01:09:12,537 put into this report . This is a very 1682 01:09:12,537 --> 01:09:15,050 fruitful discussion . Thank you . Your 1683 01:09:15,060 --> 01:09:18,300 thank you congressman . Uh , I just 1684 01:09:18,300 --> 01:09:20,522 want to say on behalf of all of us , um 1685 01:09:20,522 --> 01:09:23,970 how deeply grateful we are for your 1686 01:09:23,980 --> 01:09:27,410 professionalism for the deep 1687 01:09:27,420 --> 01:09:30,730 understanding that you had prior to or 1688 01:09:30,730 --> 01:09:33,680 as a result of your work that brought a 1689 01:09:33,680 --> 01:09:37,090 product to this committee that is 1690 01:09:37,090 --> 01:09:40,550 worthy of our not just review but 1691 01:09:40,560 --> 01:09:43,190 implementation on every level . I 1692 01:09:43,190 --> 01:09:45,550 really believe that , and I look 1693 01:09:45,550 --> 01:09:48,540 forward to more opportunities to engage 1694 01:09:48,550 --> 01:09:51,330 with all of you . And , um , I want to 1695 01:09:51,330 --> 01:09:53,163 thank you again on behalf of the 1696 01:09:53,163 --> 01:09:55,386 american people and the Congress of the 1697 01:09:55,386 --> 01:09:56,690 United States . We stand , Thank you .