Legislature(2013 - 2014)
03/26/2014 02:34 PM Senate JUD
| Audio | Topic |
|---|---|
| Start | |
| HB255 | |
| HJR22 | |
| SJR20 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SJR 20-MILITARY SEXUAL TRAUMA
2:57:31 PM
CHAIR COGHILL reconvened the meeting and announced the
consideration of SJR 20. "Urging the United States Congress to
pass S. 967, the Military Justice Improvement Act of 2013,
including the requirement that a decision to take a charge of
sexual assault arising in the military to court martial be made
by high ranking and experienced military prosecutors outside the
chain of command." He noted this was the first hearing and there
was a work draft committee substitute (CS).
2:58:19 PM
SENATOR DYSON moved to adopt the work draft CS for SJR 20,
labeled 28-LS1386\N, as the working document.
CHAIR COGHILL objected for an explanation.
2:58:47 PM
SENATOR BILL WIELECHOWSKI, Alaska State Legislature, Juneau,
Alaska, sponsor of SJR 20, explained that the resolution stems
from the issue of sexual assaults in the military. He reported
that about 20 percent of the women who serve in the military
experience sexual trauma and the process to report the assault
or rape is to go within the chain of command. This has presented
problems and veteran and other organizations support changing
this process to take it outside the chain of command.
SENATOR WIELECHOWSKI pointed out that Governor Parnell today
requested that reports of sexual assault and rape among members
of the Alaska National Guard be investigated independently,
outside the chain of command and the request was granted.
CHAIR COGHILL recounted the timeliness of the resolution along
with the Governor's request for independent investigations and
the Choose Respect campaign in Alaska.
3:01:09 PM
RIC DAVIDGE, Chair, Government Affairs, Vietnam Veterans of
America (VVA) Alaska, explained that this legislation was
initiated about three years ago after VVA heard from about a
dozen national organizations that were specifically concerned
with sexual assault on women. Information that subsequently came
to light was that the rate of sexual assault on men in the
military is higher than the rate on women in the service today.
MR. DAVIDGE expressed delight with the Governor's actions today
because it's an unfortunate fact that the chain of command
cannot be trusted to address the perpetration of sexual assault
and rape in the military. An employer whose employee is
assaulted by somebody in the business doesn't get to decide
whether or not the perpetrator is punished, but that's the way
it's been handled in the service, he said.
Although the public generally only hears about high ranking
officers who commit sexual assault, he assured the committee
that most of this activity takes place in the lower ranks.
Additional sad facts are that of the more than 30,000 sexual
assaults that are committed in the service, less than one-tenth
are reported and less than 100 make it through trial. He
stressed that these victims need to be empowered, but at this
point the victims of sexual assault in the service are afraid to
report because of retribution. The entire chain of command tends
to look at the victim as disloyal. The solution is to move
sexual assault and rape out of the chain of command and into the
formal prosecutorial investigative process that's already
established. When punishment is administered it then will be
ruled by court martial rather than by a commanding officer.
SENATOR WIELECHOWSKI thanked Mr. Davidge for his work advocating
for veterans and active duty military.
MR. DAVIDGE expressed appreciation to Senator Wielechowski and
his staff for bringing the committee substitute forward that
speaks to the broader issue in light of the inaction in
Congress.
3:05:46 PM
KEELEY OLSON, Standing Together Against Rape (STAR), Anchorage,
Alaska, testified in support of SJR 20. She said STAR has worked
with numerous victims of sexual assault who have specifically
noted that they are not choosing to report out of fear of
retaliation. This is not anecdotal information, but STAR's hands
are tied when it comes to the way the military investigates and
takes reports of sexual assault and rape. She stated that as the
sole standalone sexual assault response agency in the state of
Alaska, STAR supports SJR 20 asking Congress to require that the
decision about filing charges of sexual assault arising in the
military be made outside the chain of command.
3:09:17 PM
SENATOR DYSON commented that he appreciates that the sponsor and
the resolution make it clear that males are victims too. The
rate in the military is startlingly high.
MS. OLSON agreed and relayed that about 16 percent of STAR's
clientele are men. Rape and sexual assault isn't about sexual
gratification and it has nothing to do with sexual orientation.
It's about violence, power, and coercion.
CHAIR COGHILL stated that this committee has worked hard to give
victims a voice and the protection of the law.
SENATOR MCGUIRE expressed appreciation that the sponsor brought
the bill forward and her intention to add her name as a
cosponsor. She said bringing this into the light of day is a
great step forward.
CHAIR COGHILL [removed his objection] and solicited a motion.
3:13:01 PM
SENATOR DYSON moved to report the CS for SJR 20, Version N, from
committee with individual recommendations and attached fiscal
note(s).
CHAIR COGHILL announced that without objection, CSSJR 20(JUD)
moved from the Senate Judiciary Standing Committee.
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