Should ―Military Sexual Assault‖ be prosecuted by those outside of the armed forces?
Should ―Military Sexual Assault‖ be prosecuted by those outside of the armed forces?
Sexual violence is an increasing yet invasive issue of public health in The United States. Unfortunately, the devastating impact of the malevolence has inflicted the profession as divine as military. The scope of sexual assault or violence is encompassed the act that consists of unwanted sexual advances against a person, regardless of the relationship status or setting and place. The coercion of the force can be segregated into various categories that fall under the segmentation of physical force, psychological intimidation or other such acts of forgery. These sexual assaults are based on the grounds of blackmailing such as the threat of physical harm, job insecurity and fear of dismissals on work or in any other relationship. On the other hand, the situation in which the other person is not in a position to analyze the situation for rational consent such as in a state of being drunk, drugged, asleep or in limited capability for handling the situation.
The scholarly studies have determined that despite 25 years of cautious monitoring of Pentagon, the pace is still exceeding at an alarming rate with every passing year. Even though, the recommendations uttered from the case reviews of military force and hearing of Congress with reference to the rate of sexual assault and sexual harassment have highlighted the core factors for the surveillance. Pertaining to the fact of the harsh consequences bore by sexual violence on the victim and the families, the issue needs immediate consideration to secure further devastation. Hence, essential is the need to evaluate the consideration that;
Should ―Military Sexual Assault‖ be prosecuted by those outside of the armed forces?
Obvious is the fact that the raising curse has cast negative impact over the morale and motivation of US Military that is a major concern for the sustainable strength of the military force. US National Security investigated over the dilemma with the support of The Department of Defense (DOD). The findings reveal that above 19,300 sexual assaults occurred in the military forces, in 2010 of which only 13.5% of the total survivors were reported under the implication of sexual assault
The study depicts that the sexual violence in the military forces hinders dedication and negatively impact the junior level to serve in the active duty. These include men and women in the reserves and Guard force. Likewise, US Military Academy was also inflicted influencing the cadets and midshipmen. The conclusion of reporting the happening is often victim blaming which cracks the accountability of fair conduct and justice. On the other hand, misogynistic climate if often claimed as a pervasive force in the US armed force. Culmunatively, the overall atmosphere of US Military Forces can be regarded bearing a fragile infrastructure to report such incidents and trail a strategy for preventing the conduct that may lead to sexual assault and harassment. Precisely, it can be concluded that sexual violence should be considered a crime not only against an individual but also against the society.
It is a myth that military sexual violence is only for women. The same rate of influence is observed in the category of the male gender,as well. In the reported occurrence of military sexual assault of the year 2010, 10,700 victims fell in the male category out of 19,300 estimated assaults. It marks 8,600 assaults against women. Pertaining to the strong associated impacts of rate of sexual assaults and harassment to the mental health conditions of the victim, the occurrences in men and women veterans marks an aggravated level of post traumatic stress disorder among female victims. Similarly, the male veterans also face post traumatic stress disorder as a result of combat trauma.
The other associated risk factor of sexual violence among female veterans is the fear of homelessness because of reporting the incident. On the whole, the victim experience mental disorders and confidence deprived personality issues because of stress and depression in the course of surviving military sexual violence. The latter increases the chances of the victim for substance abuse and difficulties in finding jobs after discharge from the military. In the words of a rape victim by military person, the atmosphere of the military is accused against the sexual assault. Biane Chamber Laiv in her book Conduct Unbecoming: Rape, Torture, and Post Traumatic Stress Disorder from Military Commanders ponders over the Feres Doctrine with an illustration over the legislation of 1950. It argues that the doctrine disregards the liability for injuries to servicemen incurred in the course of activity incident on service. The section in its essence disown liability of the government in the cases of sexual assaults under the Federal Tort Claim Act.
Hence, it could be argued that the atmosphere of sexual brutality of the military is aggravated by the ignorant attitude of federal law and The Supreme Court. The impact was further strengthened by the ruling on a 2001 case that denied a plaintiff's right to file a civil suit against the accusers. The inquisition revealed that such complaints are handled internally many times are those who are part of the accusation or intact with the accusers. Hence, the complete process of reporting and complaining in military force is apparently a fair game with no rules for the victim to be protected against the felony of rape.
Precisely, it can be argued that rape is an obvious reality of military culture. However, studies have revealed that the history of war, fear and aggression are the chief associates of the accusation. It is also recommended that the comparative analysis of sexual accusation in the military at the time of peace
The evaluation of the illustrated facts and figures determines that military sexual assaults are the obvious fact in present day society. The contextual investigation revealed complicated grounds on the occurrence before of diversity of forms and overlapped situational causes. However, the devastating impact of the action on the society and life of the victim cannot be ignored. ― Diane Chamberlain in her book Conduct Unbecoming: Rape, Torture, and Post Traumatic Stress Disorder from Military Commanders deters her frustration as a victim by stating
“What do I want now? I want to be treated with the respect I deserve in the current VA system and not be retraumatized. I want the men who did this to me to be punished and if that isn't possible, I want reassurance what happened to me will never ever happen to another woman in the Armed services. I want some restitution of the damage I have.”
In short, apart from the roaring outcry of victims the raised concerns of the military can also be noticed which have started taking measures to support the viability of the prosecution of military sexual assaults.
An in depth review of the findings and observations makes it clear that due to the cultural norms of military practices, sexual violence is aggravated due to attitudes towards masculinity, femininity and sexuality in the culture. Meanwhile, apart from the socialising culture of the military that is more prone towards a sexual reckoning of behaviour, an individual's own perception is also a great factor to be considered. It never means that the military is a rapist upbringing institution which tames each soul in the mold of the illustrated features. However, the fact that the instigation of the conduct amongst the unit is more fostered by the sexual persuasive attitude rather than a clean demeanor. It simply means that, at one side, the decent group looks over against the repulsive behaviour of the other military candidates. Therefore. It can be summoned that personal attributes in collaboration with cultural norms initiates the sexual assault /rape conductive pattern.
However, to efficiently deal with every sexual assault / rape conductive typology, the possibilities that raise rape proclivities should necessarily be marked and controlled by policies and procedures to come up with a sustainable solution.
A stage ahead, from the point of view of prosecution of the cases of sexual assaults and rapes, the procedures of reporting and prosecution should be officially declared to support a healthier environment with military forces. The result to tame and control the 'bad apples' of the military can earn a reputation for the organisation. Further on, the prosecution power can fight against the see no evil, hear no evil and speak no evil prophesy in the military culture, as well.
Hence, keeping in view the associated impacts and consequences of military assaults, it is highly recommended fostering a culture with whistleblowing reporting or prosecution initiating procedures granted by the force is essential. The latter will not only boost the coincidence in military force but also subside the bad apples with the real heroes. In my view, ignorance can only add to the vulnerability of factors boosting the occurrences. Thus, to overcome the situation with a wrapping solution. In an effort to do so, the situational triggering situation (individual factors, relationship factors, community factors and societal factors) that depicts an increased risk of assault should be considered to determine the scope of occurrence for marking safety measures. Likewise, complete procedural and policy coverage should be provided to support reporting and prosecution of military assaults within and outside the armed forces.
Recently, a number of efforts have been cast by media to highlight the issue for consideration and solutions. One such example is the presentation of incidents from Kirby Dick's in the documentary named The Invisible War. Which depicts a series of occurrences demonstrating the consistency of wicked episodes of sexual assaults in military culture. Such an effort of media could play a substantial role in managing the widespread curse of raging magnitude. Therefore, such an emphasis on the issue will draw the attention of authorities to invest efforts in the management of the issue with utmost concentration. In my perception, the point of reporting within and outside the military force is not the only concern. The concern is to step ahead with an effort to devise measures that relinquish occurrences and support the entire society, encompassing the civilians and forces, as well.
References ;
Chamberlain, Diane. Conduct Unbecoming: Rape, Torture, and Post Traumatic Stress Dis order from Military Commanders. FriesenPress , 2013.
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Sadler, Anne G., et al. " "Health‐Related Consequences of Physical and Sexual Violence: Women in the Military." ." Obstetrics & Gynecology 96.3 (2000): 473-480.
—. " "Life span and repeated violence against women during military service: Effects on health status and outpatient utilization." ." Journal of Women's Health 13.7 (2004): 799-811.
Skinner, Katherine M., et al. " "The prevalence of military sexual assault among female Veterans' Administration outpatients." ." Journal of Interpersonal Violence 15.3 (2000): 291-310.
Turchik, Jessica A., and Susan M. Wilson. " "Sexual assault in the US military: A review of the literature and recommendations for the future." ." Aggression and violent behavior 15.4 (2010): 267-277.
