Garcia advocates bill to reform military response to sex assaults
In the wake of the killing of Fort Hood soldier Vanessa Guillén, a group of Democratic congresswomen is trying to revive legislation that would create a special prosecutor to handle military sexual assaults, allow victims to file confidential reports to the military’s database of accused abusers and enact other reforms.
Guillén’s murder by a fellow soldier while on duty at Fort Hood has become a rallying cry for survivors of sexual violence in the military. The Army says it has no record of her reporting sexual harassment, but her family says she told them of abusive behavior.
“Vanessa’s dream was to join the Army and that dream was shattered,” said U.S. Rep. Sylvia Garcia, DHouston, at a news conference Tuesday at the U.S. Capitol. “The Army failed to keep her safe. It failed to meet the basic bargain of the armed services and young men and women who enlist.”
Garcia is working with U.S. Rep. Jackie Speier, a California Democrat, to introduce a comprehensive bill that will address how sexual harassment is handled, investigated and prosecuted in the military.
“The military’s approach had failed — an epic failure that is a stain on military leadership,” said Speier, who is chair of the House Armed Services Military Personnel Subcommittee . “We have a moral imperative to act.”
Guillén went missing in February and her remains were found two months later. A suspect in her death, Aaron Robinson, died by suicide as police were preparing to arrest him. A second suspect, Robinson’s girlfriend Cecily Aguilar, faces federal conspiracy to tamper with evidence charges.
There is an investigation into Guillén’s reported sexual harassment in the army, as well as her murder while on duty at the post. Secretary of the Army Ryan McCarthy has agreed to an independent review of the command culture at Fort Hood. The family has been critical of what they said was an inadequate search for Vanessa and investigation of what happened to her.
The culture in the military allows abuse to continue because the system punishes victims and protects predators, said Lindsay Church, a U.S. Navy veteran and executive director of Minority Veterans of America.
“Retaliation is what everyone fears,” said Speier. “Reporting is a career-ending act for many.”
More than 76 percent of victims did not formally report their assaults in 2018, according to an estimate based on a Department of Defense survey of active service members.
Last year, Speier introduced an amendment to the National Defense Authorization Act that would have created a pilot program to introduce a special prosecutor within the services. The reforms she is advocating for would include such an independent prosecutor.
Speier said the legislation also will include a measure that would allow victims to file confidential reports to the military’s database of those accused of abuse.
“Survivors will know if their harasser has been reported by other service members,” said Speier.
Another measure would require the U.S. Government General Accountability Office to examine the military’s procedures for finding missing service members and compare them to state and local enforcement and best practices.
Democratic U.S. Rep. Elaine Luria of Virginia, a Navy veteran who served as a commanding officer, said at the press conference she now regrets voting against it previously.
“I was part of the problem and I feel like I need to be part of the solution,” she said. “I believe in the chain of command. But we must do more to keep victims safe.”
Luria said it’s essential to create an environment in which victims feel safe coming forward and have faith that they will see justice.
“Vanessa and thousands like her cannot die or have their lives destroyed in vain,” said Speier. “We must offer justice while sending a strong message to the forces that harassment and assault will not be tolerated.”