The provisions sponsored by Rep. Turner in the FY 11 NDAA are intended to “reduce the number of sexual assaults involving members of the Armed Forces” and “improve the response of the Department of Defense, the military departments, and the Armed Forces to reports of sexual assaults involving members of the Armed Forces.”
The 2011 National Defense Authorization Act (NDAA) that Congress passed on 12/22/2010 contains numerous provisions advocated by Rep. Mike Turner of Dayton that will strengthen military sexual assault prevention and response policies. Rep. Turner, recently selected as Chairman of the House Armed Services Strategic Forces Subcommittee, was inspired by the tragic story of Marine Lance Corporal Maria Lauterbach to advocate for greater protection against sexual assault in the military.
The provisions sponsored by Rep. Turner in the FY 11 NDAA are intended to “reduce the number of sexual assaults involving members of the Armed Forces” and “improve the response of the Department of Defense, the military departments, and the Armed Forces to reports of sexual assaults involving members of the Armed Forces.”
To strengthen the response to sexual assaults, the Department of Defense is directed by the new law to create the position of Director of the Sexual Assault Prevention and Response Office. The Director will have the authority to oversee implementation of the sexual assault prevention and response program; serve as the “single point of authority, accountability, and oversight” for the program; and ensure Department wide compliance.
In addition, under the new law the Department of Defense is required to conduct a comprehensive review of all the services’ sexual assault policies. The Secretary of each military department will assess the adequacy of current sexual assault programs to ensure the “safest and most secure living and working environments with regard to preventing sexual assault.”
“The purpose of this review process is to identify and fix the gaps in current policies. For too long sexual assaults have not been addressed appropriately, this legislation goes a long way towards ensuring the safety of our service members is made a priority,” said Rep. Turner.
The Department of Defense is further directed to generate an annual sexual assault report. Amongst other things, the report will include information on the number of sexual assaults committed by and against service members, the number of the cases that were substantiated, and synopsis of each such substantiated case. The content of the report will be provided to the Secretary of Defense and Congress to ensure oversight of the program.
The law also provides improved medical care and victim advocate services.
“These new protections for victims are necessary to ensure the increased safety of our service members. Victims of sexual assault must have a safe path to follow if they file a complaint and must be given a fair hearing,” Rep. Turner said. “At the same time, we need to educate our men and women at all levels of the armed forces to do everything in our power to prevent occurrences of sexual assault.”
While Rep. Turner is pleased with the recently enacted improvements, he acknowledges that more can be done. In part due to increased reporting requirements, reported incidents of sexual assault in the military have increased dramatically in recent years, and these escalating numbers are estimated by the Department of Defense to only reflect one tenth of the actual number of such offenses.
Lance Corporal Maria Lauterbach, formerly of Dayton, Ohio, filed a sexual assault claim against a fellow Marine who was subsequently convicted for murdering her and burying her in his own backyard, not far from their station post at Camp LeJeune, North Carolina. Her family’s attorney, Merle Wilberding of Dayton, who is himself a former member of the Army’s Judge Advocate General’s Corps and has testified before Congress at Rep. Turner’s invitation on the issue of sexual assault in the military, has praised the new law. “The changes in the training and structure of the victim advocate program, as well as making “privileged” the communications between the victim and victim advocate, are significant steps in the future protection of victims of sexual assault in the military,” said Attorney Wilberding.
Lance Corporal Lauterbach’s mother, Mary Lauterbach, has also testified in support of these changes. The plight of Maria Lauterbach, and Mary Lauterbach’s insights into the needs of victims of sexual assault in the military, has inspired other members of Congress to move forward on this legislation. Congressman Turner praised Mrs. Lauterbach’s efforts and vowed to continue improving protections for our men and women in uniform.
“Mary Lauterbach’s effort to transform the tragic loss of her daughter into positive policy changes across the Department of Defense has been inspirational,” said Rep. Turner. “She has truly made a difference in the lives of so many in the military and we will always be grateful to her. While the recently enacted NDAA provisions are a testament to her sacrifice, the work in this field is not complete. I will continue to work with Mary to ensure that all service members are afforded the greatest protections against sexual assault.”