The below piece is the bill I co-authored as one of the two representatives of the state of New Jersey to American Legion Auxiliary’s (ALA) Girls Nation during the summer of 2016. It addresses the issue of sexual harassment and assault and the treatment of survivors in the armed forces.
70th Girls Nation Conference
S.B.
To protect the victims of sexual assault in the military from negligence by officials concerning the assault or retaliation for their report from other service members.
IN THE SENATE OF GIRLS NATION
July 2016
Senators Senator Steuerwald and Senator Risley of New Jersey introduced the following bill; which was referred to Committee.
A BILL
To protect the victims of sexual assault in the military from negligence by officials concerning the assault or retaliation for their report from other service members.
BE IT ENACTED BY THE SENATE OF GIRLS NATION ASSEMBLED. Mel
SECTION 1. TITLE
This may be cited as the “Service Member’s Sexual Assault Victims Protection Act”.
SECTION 2. PURPOSE
The Service Member’s Sexual Assault Victims Protection Act will regulate the processing of sexual assault cases in the military and guard victims from retaliation.
SECTION 3. DEFINITIONS
Sexual Assault as defined in the Uniform Code of Military Justice under Article 120a.
Service members are any person, active or reserve, in any branch of the armed forces.
Negligence by officials is any superior officer deliberately disregarding a victim’s report of retaliation or the initial assault.
Retaliation is defined as harassment, threats, or intimidation against the assaulted victim in direct correspondence to their report or intent to report.
SECTION 4.
The Service Member’s Sexual Assault Victims Protection Act entails that:
- The victims of sexual assault in the armed forces will be provided:
- A council for judgement of assault unrelated to their chain of command.
- Sanctions administered to officials who do not report the retaliation or ignore the initial claim of sexual assault.
- Sanctions will include: extra duties, reduction in pay/rank, and in ongoing, extreme cases possible dishonorable discharge.
- Protection when personnel retaliating against victims reporting the assaults.
- Those accused of retaliation will be investigated outside the victim’s chain of command and will receive sanctions if found guilty.
- Sanctions are previously mentioned in Section 4 2a
- Those accused of retaliation will be investigated outside the victim’s chain of command and will receive sanctions if found guilty.
SECTION 5. EFFECTIVE DATE
This act shall be effective for all service members of the armed forces who have been sexually assaulted, have been retaliated against, neglected sexual assault or retaliation accusations, January 1, 2017.