Sexual Assault in the Military

Floor Speech

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Ms. MURKOWSKI. Mr. President, I thank my friends, the good Senator from Maryland, the dean of the women in the Senate, and the Senator from Maine, who have organized this portion of the debate this morning. I acknowledge and thank the other women of the Senate who are here this morning to speak on an issue we would all agree is something that must be addressed and that for far too long has not seen the redress it commands. So we stand together unified in an effort to truly make a difference.

I acknowledge the good work particularly of Senators McCaskill and GILLIBRAND, who have worked to raise the awareness of sexual assault in the military. They have truly advanced the discussion to the point where for the first time in far too long we will make substantive, meaningful headway when it comes to addressing sexual assault, sexual harassment, and what has been called or referred to as military sexual trauma. Working together I think we do have that momentum, that push to truly address these areas in a meaningful way.

When the Senate passes the National Defense Authorization Act for 2014, it will be evident to all that we have sent a very strong message on these issues--a very united message, clearly bipartisan.

It should be clear to all who have been following the debates--first in the Armed Services Committee and now here on the floor--there are differences of opinion within this body about how we address the crisis. But there is no difference of opinion that we must address the crisis. That means how to create a culture that prevents the kinds of incidents we are talking about from ever occurring; how we work to protect the rights of victims; how to ensure that justice and accountability are achieved in an open and transparent fashion so that victims know there is a system that works for them and so that our constituents know and we here in Congress have that confidence again. Right now that confidence does not exist.

We recognize that there remain differences across the body in how to achieve the elimination of sexual assault, sexual harassment, and military sexual trauma. I believe the amendment offered by our colleague from New York Senator Gillibrand is the best medicine for a difficult situation that has been allowed to languish for far too long.

This afternoon I intend to spend a little more time explaining why the amendment of Senator Gillibrand, although it is strong medicine and it is disruptive of the status quo, is the right way to go. But my purpose this morning in joining with my female colleagues here in the Senate is not to argue for or against one amendment or another; it is to point out that the NDAA, as reported by the Armed Services Committee, includes many provisions--so many provisions--that truly have a positive impact going forward.

I would also point out that during the course of our debate on the NDAA, the Senate may consider other amendments that enjoy broad support. My colleague, the Senator from California Mrs. Boxer spoke eloquently last night about her amendment that will protect victims' rights in article 32 proceedings. This amendment has drawn good, strong support from those who support the approach of Senator Gillibrand as well as those who oppose it. I am proud to cosponsor the amendment of Senator Boxer. It is good legislation, and I hope we can come together to adopt it.

I have submitted amendment No. 2141. This ensures that cadets and midshipmen at our Nation's service academies have access to special victims' counsel and sexual assault nurse examiners. Another of my amendments, No. 2143, requires reports from the heads of our service academies on the services available to victims of military sexual trauma. I would certainly hope these noncontroversial amendments can be offered and accepted at the appropriate time.

I think all of these ideas--those mentioned by my colleague from New Hampshire, those addressed by my colleague from Maine and others--will all help to make a difference, but I think we recognize that this is just the beginning of solving the problem. The Congress of the United States can encourage good behavior and can sanction bad behavior, but what we cannot do is legislate good culture.

Over the next few days we are going to hear a good many words about the importance of the chain of command in maintaining good culture. Some will argue that our efforts to ensure bad behavior is sanctioned will cause the chain of command to abandon this responsibility. I don't accept this proposition. Regardless of how we dispose of the amendment of Senator Gillibrand or the amendment of Senator McCaskill, it is the responsibility of the chain of command to provide for good order and discipline and sound military culture always. This is a nondelegable duty of those who accept positions of leadership and responsibility within our Armed Forces.

Those who wear the uniform reflect the values of this country, and every action they take must uphold those values. Sometimes, though, one has to wonder, does the chain of command get it? To illustrate a point, I want to share a sad story. This is a story Senator Gillibrand and I share.

The soldier's name was Danny Chen. He grew up in New York City's Chinatown. He joined the Army, and he was assigned to Fort Wainwright in Fairbanks, AK. From there he was deployed to Afghanistan. He was found dead in Afghanistan of what the Army described as ``an apparent self-inflicted gunshot wound.''

New York Magazine describes his experience in Afghanistan this way: A group of his superiors allegedly tormented Chen on an almost daily basis over the course of about 6 weeks in Afghanistan. They singled him out. He was their only Chinese-American soldier. They spit racial slurs at him. They forced him to do sprints while carrying a sandbag. They ordered him to crawl along gravel-covered ground while they flung rocks at him. One day, when his unit was assembling a tent, he was forced to wear a hard hat and shout out instructions to his fellow soldiers in Chinese.

Danny Chen's story is not about sexual assault or sexual harassment, but it is about harassment. It is about the kind of extreme behavior that has no place--absolutely no place--in the Armed Forces of this world's greatest democracy, just as sexual harassment and military sexual trauma have no place in our Armed Forces.

This week we have the opportunity to send a strong statement to the chain of command that they need to clean up the culture. Never again should we have to speak of a culture that allows harassment, assault, and trauma generated from within to fester within our military.

So I join with my colleagues this morning in unity for the victims and for a change--a change that will realign the reality that our servicemembers seem to face in the Armed Forces with the values of the greatest democracy on Earth.

I thank the Chair and my colleagues, and I yield the floor.

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