On April 2, 2012, information on two issues important to Survivors of Military Sexual Trauma was released. First, Judge Mark Kravitz of the U.S. District Court in Connecticut ruled the Department of Defense and the Veterans Benefits Administration did not adequately respond to a Freedom of Information Act (FOIA) by the Service Women's Action Network (SWAN) and the ACLU as described below.
Defense and Veterans' Departments Failed to Adequately Respond to ACLU and Service Women’s Action Network's FOIA Request
FOR IMMEDIATE RELEASE
CONTACT: (212) 549-2666; media@aclu.org
NEW HAVEN, CT – A federal judge has ruled that the Departments of Defense and Veterans' Affairs have failed to adequately respond to a Freedom of Information Act (FOIA) request for records documenting rape, sexual assault, domestic violence and sexual harassment in the military. The 2010 FOIA request was made by the American Civil Liberties Union, the ACLU of Connecticut and the Service Women’s Action Network (SWAN).
Secondly, the issue of Question 21 on the SF86, a form which anyone applying for a security clearance, or renewing a security clearance, must complete, was discussed by members of SWAN's policy team with members of the House and Senate. Some progress has been made on this issue as well.
More info on both below the furl...
Regarding the ruling by Judge Mark Kravitz on the FOIA request from 2010:
ACLU Press Release
"When a highly respected federal judge accuses the U.S. Army of 'almost willful blindness,' it's clear that the government is stonewalling the public," said Doug Lieb, a law student intern with Yale Law School's Veterans Legal Services Clinic, which represents the requesters. "Instead of releasing the records and addressing the problem of sexual violence, the military and the VA are trying to bury the issue under reams of paper in court. We hope this ruling makes clear they won't get away with it."
SWAN (Service Women's Action Network) Press Release on SCRIBD
It is estimated that more than 19,000 service members are sexually assaulted each year. In order to fully understand where the biggest flaws in the current military justice system surrounding sexual violence lie, the organizations are seeking access to key data in the thousands of reports filed, including where reports were made and how reports were handled.
DoD ordered to produce more sex assault data - Army Times
By Patricia Kime - Staff writer
Posted : Monday Apr 2, 2012 17:17:55 EDT
A federal judge has ruled that the Defense Department and Veterans Benefits Administration failed to adequately respond to Freedom of Information Act requests filed in 2010 by two groups seeking information on sexual assaults in the military.
Judge Mark Kravitz of U.S. District Court in Connecticut ruled that responses by the Army, Navy, Air Force and VBA were insufficient and ordered DoD and VA to provide additional documentation by May 15.
However...
But Kravitz also ruled that DoD did respond appropriately to some portions of the requests, and he questioned whether parts of the FOIA requests were “unduly burdensome.”
He ruled in favor of DoD on two points — that it acted correctly in not responding to requests for information that could be obtained outside the FOIA process and on an item asking for “all records relating to the nonjudicial or administrative resolution of complaints that did not result in a court martial.
Kravitz said that request “is clear enough — but it may also be unduly burdensome.”
By law, an agency does not need to conduct a search that is unduly burdensome.
Complete
decision in PDF version available.
Regarding Question 21 on SF86, Security Clearance form, from SWAN:
We have been pleased at the level of interest and engagement that legislators have had on the Question 21 issue, and are encouraged that the Director of National Intelligence, James Clapper, has announced he intends to implement a solution to this problem. We are concerned, however, that the course of action proposed by Director Clapper may not do the trick.
The Office of the Director of National Intelligence (ODNI) has recognized the invasive nature of these investigations and created exceptions for certain types of counseling, such as marital or grief counseling, and at the urging of the Pentagon the ODNI added an exception for counseling due to combat related mental health issues in 2008.
This exception does not apply to anyone who has experienced sexual assault and/or rape, however. Answering this question creates a barrier to obtaining mental health services one may require, and if one is receiving mental health services, they must describe, in depth, what occurred which adds to the victimization and trauma already experienced.
Please read the "Question 21" link above for more information and a more complete explanation.
Lastly, Protect Our Defenders was awarded with 6th Annual DoGooder Nonprofit Video Award sponsored by YouTube and Cisco Systems!
This is the award winning video: