STATEMENT: Protect Our Defenders Stands in Support of Congressional Bipartisan Proposal for Fundamental Reform of Article 32 Hearings
FOR IMMEDIATE RELEASE
November 5, 2013 Contact: Brian Purchia, (202) 253-(202) 253-4330,brian@protectourdefenders.com
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PROTECT OUR DEFENDERS STANDS IN SUPPORT OF CONGRESSIONAL BIPARTISAN PROPOSAL FOR FUNDAMENTAL REFORM OF ARTICLE 32 HEARINGS
Group for military sexual assault survivors supports lawmakers efforts to reform Article 32 hearings in the wake of a Naval Academy case where attorneys subjected alleged victim of gang rape to over 30 hours of cross-examination, humiliation, bullying
WASHINGTON, D.C. – Today Protect Our Defenders President Nancy Parrish called on lawmakers to support a bicameral, bipartisan proposal to fundamentally reform to the military’s Article 32 hearing process. As currently structured these preliminary hearings re-traumatize victims and discourage them from participation in the military justice system. Victims of rape and sexual assault are subjected to inappropriate and relentless cross-examination from defense attorneys. They are often questioned on their private sexual and medical history in open court without legal representation to protect their privacy rights. Earlier today, Senators Barbara Boxer (D-CA), Lindsey Graham (R-SC), Jeanne Shaheen (D-NH), Roy Blunt (R-MO), Claire McCaskill (D-MO), Kirsten Gillibrand (D-NY), Max Baucus (D-MT), Richard Blumenthal (D-CT), Mazie Hirono (D-HI), Kelly Ayotte (R-NH), Susan Collins (R-ME), John McCain (R-AZ) introduced the bipartisan Article 32 Reform Act. Representatives Jackie Speier (D-CA) and Patrick Meehan (R-PA) will introduce companion legislation.
The recent Naval Academy sexual abuse scandal has put this broken system on public display, highlighting the shocking treatment of victims who report their criminal assaults. The victim in this case faced an unconscionable attack on her character and her dignity. After bravely coming forward to report her rape, despite attempts to intimidate and silence her, she was re-victimized by a fundamentally flawed justice system.
This case illustrates why more victims do not come forward. During the Article 32 hearing, the victim was put through almost thirty hours of cross examination by 12 defense attorneys, and subjected to degrading questions about her sexual history, and denied a chance to rest. Her attorney was excluded from even representing her to protect her privacy rights.
Protect Our Defenders President Nancy Parrish released the following statement:
“Fundamental reform to the Article 32 hearing process is desperately needed. We only need to look at the recent Naval Academy case, which sparked calls to President Obama from Senators to change a system that is clearly abusive to victims.
It is time to abolish the practice of allowing defense attorneys to conduct a mini-trial before they ever get to a court-martial. We need to reign in the Article 32 process and restore it to its appropriate role as a hearing to determine whether there is probable cause to recommend proceeding to General Courts-Martial. These changes will inject legitimacy and order back into the system, and ensure that miscarriages of justice akin to the recent events at the Naval Academy become a relic of the past.
Article 32 hearings were originally designed to function as a probable cause hearing. However, they have been transformed into a ‘mini-trial’ before the actual trial–where the victim’s credibility and character are attacked. The most personal and intimate details of victims’ life are exposed in open court, and the victim is forced to publicly relive the attack in front of her assailant. In these proceedings, defense attorneys are allowed to spend countless hours tying a victim in knots to create impeachable material for trial, all while trying to intimidate and humiliate the victim into dropping charges.
Bipartisan legislation introduced today by advocates for victims in the House and Senate would restore these hearings to their intended purpose and alleviates the heavy burden that has been placed on victims. The current proposal would confine the scope of an Article 32 hearing to determining whether there is probable cause to proceed to trial. More importantly, it would eliminate the ability to compel a victim to testify at the pre-trial hearing, and would ensure that they have the option not to subject themselves to this grueling process.
In the current system, by the time an Article 32 is convened the victim has already been forced to relive their attack multiple times. They will have provided at least one statement to investigators, most likely have been interviewed by the prosecution team and subjected to questioning by the defense; they will also likely have faced a MRE 412 (rape shield) hearing during the Article 32 itself. If the case proceeds to court martial, the victim will be forced to face another 412 hearing in addition to testifying at trial. This excessive process, in which military victims are compelled to participate under a lawful general order by command, is unnecessary and traumatic.
The proposal for Article 32 reform announced today will help to alleviate this burden from victims. By making victim’s testimony voluntary at Article 32’s, victims will be protected from harassment and intimidation, and be more likely to participate willingly in the justice process. Civilian victims already cannot be subpoenaed to testify at Article 32 hearings. It is time this protection was extended to our service members as well.”
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New York Times: Intrusive Grilling in Rape Case Raises Alarm on Military Hearings
Baltimore Sun: The Naval Academy sex assault hearing should be the last of its kind
http://www.baltimoresun.com/
Baltimore Sun: Naval Academy case is fuel for proponents of military justice reform
RH Reality Check: Federal Lawsuit Seeks Removal of U.S. Naval Academy Superintendent From Rape Case
Lawsuit: Naval Academy head should excuse self from court-martial decision in sex assault case
Washington Post: Accuser in Naval Academy rape case granted a day off from testifying
http://articles.
MSNBC: Naval Academy sex-assault accuser seeks break in testimony, citing exhaustion
About Protect Our Defenders: Protect Our Defenders is a human rights organization. We seek to honor, support and give voice to the brave women and men in uniform who have been sexually assaulted while serving their country, and re-victimized by the military adjudication system – a system that often blames the victim and fails to prosecute the perpetrator. Learn more about Protect Our Defenders at www.protectourdefenders.com or on Facebook at http://facebook.com/
Protect Our Defenders partners with Attorney Susan Burke, Burke PLLC to advance lawsuits filed against the DoD and service academies for repeatedly ignoring rape, sexual assault and harassment, failing to prosecute perpetrators and retaliating against the victim.
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