No other institution in America demands so much of its members, or wields such a power over them as the Armed Forces. People entrusted with weapons, lives and national security should be held responsible for their actions and the rule that everyone from private to general is responsible for their conduct should be the basis of discipline and public trust. This principle is being challenged, especially with the military’s response to sexual misconduct, such as sexual assault and harassment.
Sexual Assault Accountability
The best indicator is the Independent Review Commission on Sexual Assault in the Military (IRC, 2021), a group of outside experts that the Department of Defense commissioned to evaluate the department’s approach to this problem. In its report in July 2021, it recommended 82 measures to enhance climate and culture, prevent assault and improve the response to it (IRC, 2021). Key findings focused on four themes: accountability, prevention, climate and culture, and survivor care and support (IRC, 2021). The most significant recommendation was to the chain of command. Defense Secretary Lloyd Austin approved the recommendations and advocated for taking sexual assault, sexual harassment, and other sexual offense cases off the chain of command (Biden, 2021). It is simple to follow. If the commander is responsible for a unit’s reputation, then that is one thing, and then making the decision to have a case go to trial is an entirely different matter. If the commander is responsible for the reputation of their unit, they should not be the one making the decision on whether a case goes to trial, as that creates a conflict of interest and diminishes any confidence that survivors may have in the outcome.
Accountability
The theme the essay dwells on. Its most significant recommendation concerns the chain of command: cases of sexual assault, sexual harassment and other sexual offenses would be taken out of the commander’s hands, which Secretary Austin endorsed. Cites the IRC (2021) and Biden (2021).
Prevention
Among the 82 recommendations are measures to prevent assault. Cites the IRC (2021).
Climate and culture
Among the 82 recommendations are measures to enhance climate and culture. Cites the IRC (2021).
Survivor care and support
Among the 82 recommendations are measures to improve the response to assault. Cites the IRC (2021).
Diagram by Writers Per Hour, summarising the essay above. The citations are the essay’s own: the Independent Review Commission on Sexual Assault in the Military, Hard Truths and the Duty to Change (U.S. Department of Defense, 2021), and the White House background press call of 1 July 2021 on the Commission’s report, The American Presidency Project.
The statistics lend themselves to the Department of Defense’s own numbers. In the fiscal year 2021 (FY 21), the annual report of the U.S. Department of Defense (DoD) indicated that the rate of unwanted sexual contact was 8.4 percent of active duty women and 1.5 percent of active duty men over the past year prior to the survey (U.S. Department of Defense [DoD], 2022). In 2021, the department estimated that 35,900 active duty personnel had such contact (DoD, 2022). However, less than 20 percent of people who reported experiencing it did so to a DoD authority (DoD, 2022). This disconnect between experience and reporting is the issue that lies at the heart of the issue. The one in five victims who report a crime to a system that does not listen cannot hold perpetrators accountable.
Active duty members with unwanted sexual contact in the past year, 2021 survey, %
- Active duty women: 8.4 %.
- Active duty men: 1.5 %.
The Department of Defense says the 2021 survey results cannot be scientifically compared with those of earlier years, because the government directed a change in how sexual assault is measured. The paper’s 35,900 is the department’s estimate for all active duty members, women and men together.
Chart by Writers Per Hour from the figures in the essay’s source, the U.S. Department of Defense’s annual report on sexual assault in the military for fiscal year 2021 (the report). Both rates and the note on comparison were checked against the Department’s own briefing on that report.
Show every figure as a table
| Group | Share (%) |
|---|---|
| Active duty women | 8.4 |
| Active duty men | 1.5 |
The two studies together show that there is a disconnect between what people say and what they do. Military leaders have tried to say they will enforce zero tolerance to assault and harassment, but this is done on the basis of results: reporting of victims, fairness in cases, punishment of perpetrators. These cannot be provided by written policy. Interestingly, the number of reports increased by 1,050 from fiscal year 2020 to 2021, reaching 8,866 (DoD, 2022), and although the prevalence of the problem may not have changed, it may be that more people feel comfortable reporting the issue.
However, accountability in the military has to extend beyond one way as well. Service members are responsible to their leaders who are responsible to those under their command and to civilian government and the public. That is done through independent review bodies, the clear and transparent annual reporting and congressional oversight. The IRC itself was a measure of accountability: an outside looking in on a school’s problems, with recommendations that fed into the reform mailing list that ensued.
Conclusion
Structure alone is not enough; however, independent prosecutors and improved data are a help only if the system is perceived to be fair. The number of incidents is, therefore, not the only indicator that should be used in these reports, but they are to be used as a reflection of the institutional trust. To regenerate that trust is fundamental to the readiness, unity and morale of the force.
