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US military says standards for investigating sex assault claims to remain unchanged
US military says standards for investigating sex assault claims to remain unchanged

Yahoo

time01-05-2025

  • Politics
  • Yahoo

US military says standards for investigating sex assault claims to remain unchanged

The U.S. military's standards for investigating sexual assault claims will remain unchanged, a senior official told reporters on Thursday, as it launches a separate department-wide review into how discrimination claims are handled in general. The promise also comes as the Defense Department faces a potential loss of personnel available to process sexual assault cases due to efforts by the Trump administration to trim staff across government. "At the end of the day, the standard of proof remains the same with regard to any sexual harassment complaint," said Dr. Nathan Galbreath, director of the Sexual Assault Prevention and Response Office. "To that end, all complaints are reviewed, the evidence is analyzed, and a legal officer often opines on whether or not action can be taken," Galbreath told reporters in a briefing call on tracking sexual assault cases in the military. Last week, Secretary of Defense Pete Hegseth called on service secretaries to review equal opportunity programs to ensure discrimination complaints weren't being "weaponized" by disgruntled employees. The military tracks sexual harassment complaints through its equal opportunity personnel. In his April 23 directive, Hegseth specifically called on secretaries to ensure "complaints that are unsubstantiated by actionable, credible evidence are timely dismissed." He called it the "no more walking on eggshells policy." "Too often, at the Defense Department, there are complaints made that for certain reasons that can't be verified that end people's careers," Hegseth said in a video posted on X. "Some individuals use these programs in bad faith to retaliate against superiors or peers. I hear that all the time," he said of general discrimination complaints. When it comes to sexual assault, unfounded claims are extraordinarily rare. According to the military, 1% of cases involve evidence that either exonerates the person accused or shows the crime did not occur. When asked if Hegseth's latest mandate will raise the standard of proof for sexual assault victims, Galbreath said "no." President Donald Trump also asked the Pentagon to review regulations that are potentially burdensome and streamline operations, an effort that resulted in offers to employees for early retirement as well as hiring freezes across the department. Galbreath and other officials told reporters Thursday that they aren't sure exactly how the military's Sexual Assault Prevention and Response program will be affected just yet. When a recent hiring freeze went into effect, there were about 300 sexual assault prevention jobs put on hold, said Dr. Andra Tharp, director of the Defense Department's office of command climate and well-being integration. "We're really trying to get our arms around total impacts of that," she said. Tharp said she is encouraging the services to seek hiring exemptions for sexual assault response coordinators and victim advocates. MORE: Military sexual assault victims say the system is broken Galbreath said that 100% of victim services remain available now and that sexual assault response coordinators and victim advocates are stationed at every military installation around the world. The number of sexual assaults reported across the military fell by nearly 4% last year, according to data released by the department. MORE: Pentagon report to show significant drop in unwanted sexual contact in military The report is the first full-year account since the Pentagon put in place new prosecution procedures that empower independent lawyers, rather than military commanders. The changes were called for by lawmakers who said not enough was being done to encourage personnel to report assault. "Even though we'd like to see the number of reports increase, I'm still very satisfied that our military members know that they can come forward," and "get the help that they need to recover," said Galbreath. US military says standards for investigating sex assault claims to remain unchanged originally appeared on

US military says standards for investigating sex assault claims to remain unchanged

time01-05-2025

  • Politics

US military says standards for investigating sex assault claims to remain unchanged

The U.S. military's standards for investigating sexual assault claims will remain unchanged, a senior official told reporters on Thursday, as it launches a separate department-wide review into how discrimination claims are handled in general. The promise also comes as the Defense Department faces a potential loss of personnel available to process sexual assault cases due to efforts by the Trump administration to trim staff across government. "At the end of the day, the standard of proof remains the same with regard to any sexual harassment complaint," said Dr. Nathan Galbreath, director of the Sexual Assault Prevention and Response Office. "To that end, all complaints are reviewed, the evidence is analyzed, and a legal officer often opines on whether or not action can be taken," Galbreath told reporters in a briefing call on tracking sexual assault cases in the military. Last week, Secretary of Defense Pete Hegseth called on service secretaries to review equal opportunity programs to ensure discrimination complaints weren't being "weaponized" by disgruntled employees. The military tracks sexual harassment complaints through its equal opportunity personnel. In his April 23 directive, Hegseth specifically called on secretaries to ensure "complaints that are unsubstantiated by actionable, credible evidence are timely dismissed." He called it the "no more walking on eggshells policy." "Too often, at the Defense Department, there are complaints made that for certain reasons that can't be verified that end people's careers," Hegseth said in a video posted on X. "Some individuals use these programs in bad faith to retaliate against superiors or peers. I hear that all the time," he said of general discrimination complaints. When it comes to sexual assault, unfounded claims are extraordinarily rare. According to the military, 1% of cases involve evidence that either exonerates the person accused or shows the crime did not occur. When asked if Hegseth's latest mandate will raise the standard of proof for sexual assault victims, Galbreath said "no." President Donald Trump also asked the Pentagon to review regulations that are potentially burdensome and streamline operations, an effort that resulted in offers to employees for early retirement as well as hiring freezes across the department. Galbreath and other officials told reporters Thursday that they aren't sure exactly how the military's Sexual Assault Prevention and Response program will be affected just yet. When a recent hiring freeze went into effect, there were about 300 sexual assault prevention jobs put on hold, said Dr. Andra Tharp, director of the Defense Department's office of command climate and well-being integration. "We're really trying to get our arms around total impacts of that," she said. Tharp said she is encouraging the services to seek hiring exemptions for sexual assault response coordinators and victim advocates. Galbreath said that 100% of victim services remain available now and that sexual assault response coordinators and victim advocates are stationed at every military installation around the world. The number of sexual assaults reported across the military fell by nearly 4% last year, according to data released by the department. The report is the first full-year account since the Pentagon put in place new prosecution procedures that empower independent lawyers, rather than military commanders. The changes were called for by lawmakers who said not enough was being done to encourage personnel to report assault. "Even though we'd like to see the number of reports increase, I'm still very satisfied that our military members know that they can come forward," and "get the help that they need to recover," said Galbreath.

Pentagon Considers Cutting Its Sexual Assault Rules
Pentagon Considers Cutting Its Sexual Assault Rules

The Intercept

time14-04-2025

  • Politics
  • The Intercept

Pentagon Considers Cutting Its Sexual Assault Rules

The Pentagon is considering scrapping key regulations intended to address sexual assault within the military, according to a memorandum obtained by The Intercept. Advocates for sexual violence prevention and awareness in the armed forces argue that removing these rules would not only potentially violate federal law, it would also have a 'chilling effect' on survivors. On February 19, President Donald Trump issued an executive order directing federal agencies, in coordination with Elon Musk's so-called Department of Government Efficiency, to review and potentially cancel regulations that the administration might deem unconstitutional, that inhibit innovation, or are too onerous to small businesses, among other grab-bag categories. In response to Trump's order 'Ensuring Lawful Governance and Implementing the President's 'Department of Government Efficiency' Deregulatory Initiative,' Deputy Secretary of Defense Stephen Feinberg called on top officials at more than a dozen Defense Department agencies. Feinberg ordered them to comb through their organizations' regulations — identified in a spreadsheet attached to the memo — and specify whether any rules flagged in the executive order apply to them and indicate whether they should be altered or rescinded. One of the regulations under review created the Sexual Assault Prevention and Response program and the Sexual Assault Prevention and Reporting Office, which oversees the SAPR program. SAPR provides military survivors of sexual assault with mental and physical heath care services, advocacy services, and legal assistance. In addition to offering support to victims, the program also provides trainings on how to prevent sexual assault and collects data on sexual violence within the military. The program and the office implementing it emerged from a 2005 Department of Defense initiative looking into sexual violence in the military. Later that year they were effectively codified by the National Defense Authorization Act, which required the military to create a victims services program. The program was expanded by the 2006 NDAA, with more oversight provided to Congress. Ever since, the Pentagon has been required to provide a comprehensive report on sexual violence and the efforts it is taking to prevent it to Congress. Experts in military sexual violence argue that while the program is far from perfect, losing it would set justice for survivors back decades. They also raised legal concerns over any efforts to potentially shutter the program, noting that it's mandated by Congress. 'Framing this like another pointless initiative is dangerous,' said Erin Kirk-Cuomo, co-founder of Not In My Marine Corps, a group of current and former service members working to end sexual violence in the military. 'It's a misunderstanding of number one, the law, and also the lived reality of what it is to be a sexual assault and harassment survivor in a military uniform.' Kirk-Cuomo said that without SAPR, armed forces culture would revert to the days of the 'Tailhook' scandal: an infamous incident of mass sexual violence in the military that sparked national outrage and action. She fears a return to a time when 'sexual assault survivors are ignored, inappropriately discharged to silence them, and at worst, pushed into self-harm.' Even with these regulations in place, sexual violence remains underreported in the military, especially among male service members, said Kirk-Cuomo. The military estimates that in 2023, roughly 29,000 military personnel were sexually assaulted. But research from Brown University suggests that the real number is likely 2.5 times higher than estimated. A 2021 investigation by The Intercept found that sexual assault of U.S. military personnel in Africa was far more common and widespread than the Pentagon reported to Congress. Between 2010 and 2020, the Pentagon's Sexual Assault Prevention and Response Office counted 73 cases of sexual assault in the U.S. Africa Command, or AFRICOM, area of operations. Yet criminal investigation files, obtained by The Intercept via the Freedom of Information Act, show that military criminal investigators logged at least 158 allegations of sexual offenses in Africa during that same period. The case files also revealed that charges of sexual misconduct involving U.S. military personnel occurred in at least 22 countries in Africa, including 13 nations that did not appear in annual Defense Department reports. 'He's exactly the type of service member who consistently marginalizes the voice of survivors.' This isn't the first time the Trump administration has hinted at dismantling SAPR. Earlier this year, Defense Secretary Pete Hegseth and military leadership rolled out cuts to several SAPR programs, which they later walked back. Kirk-Cuomo said it isn't shocking that Hegseth in particular, would have it out for SAPR. 'He's exactly the type of service member who consistently marginalizes the voice of survivors,' she said. Hegseth faced allegations that he sexually assaulted a woman in 2017. He denied it, saying it was consensual. No charges were filed. He has acknowledged paying a settlement to his accuser. The spreadsheet of regulations under review was developed by the Office of the Assistant to the Secretary of Defense for Privacy, Civil Liberties, and Transparency, according to Pentagon spokesperson Eric Pahon. Among those tasked with conducting reviews of their regulations include the under secretary of defense for personnel and readiness, which oversees the Sexual Assault Prevention and Response Office; the Office of the Inspector General, the Defense Department's watchdog; and the departments of the Army, Navy, and Air Force. Feinberg directed officials to complete their review and submit their recommendations by close of business April 18, so it's too early to tell which regulations might ultimately wind up on the chopping block. The regulations under review run the gamut, from providing protections to vulnerable individuals and groups to rules necessary to shield national security and safeguard taxpayers from fraud and abuse. These include regulations governing the protection of human subjects in biomedical research, assistance to victims and witnesses of crimes, and defense contracting. The memo comes as Pentagon leadership makes life more difficult for marginalized communities serving in the U.S. military, going so far as to temporarily erase the achievements of nonwhite service members, including Jackie Robinson, from their website. The Pentagon would not clarify when final determinations on rules to be modified or terminated would take place. 'All reviews and decisions on those regulations will be made in accordance with EO 14219,' Pahon told The Intercept, referring to Trump's February 19 executive order. Josh Connolly, senior vice president of Protect Our Defenders, said it seems as if the Trump administration is conflating 'wokeness' with sexual violence prevention, an issue that impacts service members of all genders. 'Just taking him at his word, he doesn't want women to serve in combat roles. Sounds like [Hegseth] thinks they've gotten unfair treatment to their benefit and to the detriment of men in the military,' he said. 'And so through that lens, I'm concerned.' Connolly pointed out that a key part of the regulation requires the military to track incidents of sexual violence, a vital part of taking this issue seriously. 'They would truly be sweeping this issue under the rug,' he said, 'and it would send a profoundly chilling message to survivors of sexual assault, harassment without question.' Ultimately, the responsibility to protect this program lies with Congress, said Connolly. 'Congress must play a role in this, because they help set up and stand up this office to begin with,' he said. 'This is happening on their watch.'

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