On September 16th, Congressman Jason Crow (D-CO) joined Congresswoman Jackie Speier (D-CA), Chair of the House Armed Services Military Personnel Subcommittee, and Congressman Markwayne Mullin (R-OK), along with co-leads Reps. Sylvia García (D-TX), John Carter (R-TX), Veronica Escobar (D-TX), Pete Olson (R-TX), Gilbert R. Cisneros, Jr. (D-TX), Troy Balderson (R-OH), and Will Hurd (R-TX), and 94 additional co-sponsors, to introduce the I am Vanessa Guillén Act in honor of the late SPC Vanessa Guillén and the many survivors of military sexual violence who have bravely come forward in the wake of her disappearance and brutal murder.
The legislation responds to these resounding calls for change by offering provisions that would revolutionize the military’s response to missing servicemembers and reports of sexual harassment and sexual assault by making sexual harassment a crime within the Uniform Code of Military Justice and moving prosecution decisions of sexual assault and sexual harassment cases out of the chain of command. Senator Mazie K. Hirono (D-HI) introduced companion legislation in the U.S. Senate on September 17. Last week, following a meeting with the Guillén family, Speaker Nancy Pelosi announced a commitment to hold a House floor vote on the I am Vanessa Guillén Act. President Trump previously announced his support for the bill during a White House meeting with the Guillén family.
SPC Guillén’s disappearance and brutal murder became the catalyst for long overdue change when her family refused to let her case be neglected by Army leadership at Fort Hood. The Guillén family supports the I Am Vanessa Guillen Act, and Chair Speier is also leading a congressional delegation this weekend to Fort Hood to further investigate matters at the base and speak with servicemembers at all levels about their experiences and how best to accelerate the cultural change that is so urgently needed.
Specifically, the I Am Vanessa Guillén Act would:
-Move prosecution decisions on sexual assault and sexual harassment cases outside of the chain of command to an Office of the Chief Prosecutor within each military service;
-Create a standalone military offense for sexual harassment;
-Establish trained sexual harassment investigators who are outside of the chain of command of the complainant and the accused;
-Create a confidential reporting process for sexual harassment that is integrated with DoD’s Catch a Serial Offender database;
-Require the Government Accountability Office (GAO) to investigate the military’s procedures for finding missing servicemembers and compare with procedures used by civilian law enforcement and best practices;
-Require both DoD and GAO to conduct separate evaluations of the military services’ Sexual Harassment/Assault Response and Prevention (SHARP) programs; and
-Establish a process by which servicemembers can make claims for negligence and seek compensatory damages against DoD in the case of sexual assault or sexual harassment.
“As a soldier, I remember going to basic training to learn everything from marksmanship to the chain of command. The military is supposed to train new recruits on the essential tasks of the job, but we still don’t do nearly enough to address sexual assault in the ranks. We need to make sure we are creating a system and culture of accountability in the military to protect our women and men in uniform. For too long, sexual assault and violence has gone unaddressed,” Congressman Crow said. “The military failed Vanessa Guillén, but I refuse to let Congress fail her or her family. It is Congress that decides what kind of military we have and now it is Congress’ responsibility to step up and pass the I Am Vanessa Guillén Act to protect our women and men in uniform.”
“Military leadership has repeatedly failed to reduce sexual harassment, sexual assault, and violent crime at Fort Hood, one of the worst sites for attacks according to Army officials, and throughout the armed forces,” Chair Speier said. “The endless cycle of harassment, assault, and retaliation for those who speak out reveals the deep roots of a toxic culture we must eradicate so that survivors are taken seriously and treated with respect, and assailants are held accountable. The I Am Vanessa Guillén Act would do this by providing survivors independent investigations for both sexual harassment and sexual assault reports and independent charging decisions for courts-martial. It would also make sexual harassment a criminal offense in the military, helping get to the core of an issue that too often leads to violence and destroys careers, and lives. The Guillén family and legions of former and current servicemembers are demanding bold change. Congress must seize this moment and deliver on that demand for change by passing the I Am Vanessa Guillén Act.”
The I Am Vanessa Guillén Act will fundamentally reform reporting and investigation of sexual harassment in the military and transform prosecution of sexual harassment and assault by empowering an independent prosecutor, within each military service, to bring charges. The bill will also allow servicemembers who were sexually harassed or sexually assaulted to pursue monetary claims against DoD and will also require a comprehensive GAO review of the military’s sexual harassment and assault prevention and response programs, as well as the military’s procedures for responding to missing servicemembers.
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