Senator Kirsten Gillibrand (D-NY) has told Politico that she is planning to push for a new vote on her military sexual assault reform bill.
Last year, the senator’s bill was defeated in Congress. Gillibrand’s bill sought to put the decision to prosecute sexual assault cases into the hands of prosecutors, not commanding officers. But those who dissented, including Senator Claire McCaskill, say that Gillibrand’s bill was examined by experts who agree that it would not create the desired effect of reducing military sexual assault and retaliation against survivors.
McCaskill introduced and successfully passed a bill last year that increased oversight of military sexual assault cases while keeping prosecutorial decision-making within the chain of command.
Generally, politicians, the public and the media agree that sexual assault and retaliation against those who report it are major problems in the military. The Department of Defense recently found that more than 60 percent of servicemembers who reported a sexual assault faced some form of retaliation.
The Service Women’s Action Network (SWAN) points out that in addition to retaliation from fellow servicemembers, survivors of military sexual assault face discrimination in having post-traumatic stress disorder (PTSD) claims approved by the Department of Veterans Affairs (VA). SWAN notes that survivors of military sexual trauma (MST) have their PTSD claims approved at a rate that is more than 20 percent lower than that of other PTSD claims.
While SWAN supports Gillibrand’s bill, it is also undertaking independent efforts to change VA evidentiary standards for MST-related PTSD claims. The group advocates for a policy that requires the same level of evidence for MST-related PTSD claims as for other PTSD claims — a standard that has been relaxed in recent years in order to help more veterans with valid claims get the treatment they need.
Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact an attorney about your Post Traumatic Stress, Traumatic Brain Injury, Mental Health, Sexual Assault, Hearing Loss and Tinnitus, Total Disability Based on Individual Unemployability, Medical Malpractice, or Aid and Attendance claim, visit http://www.legalhelpforveterans.com/ or call 800.693.4800
