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https://studentshare.org/law/1469645-rape-in-the-military-ii.
Investigating and reporting The Sexual Assault Training Oversight and Prevention Act (STOP Act) to be implemented soon proposes to take the responsibility of investigation and reporting of sexual assaults outside the purview of regular chain of command of the military and bring them under the jurisdiction of an autonomous office manned by civil and military experts. The Bill H.R.3435 moved by Congress Woman Speier Jackie is currently under the consideration of the Subcommittee on Military Personnel (Speier, n.d.).
Response to victims It has been suggested that women victims should not remain silent about sexual assaults on them and they should approach and report the assault to MPs, JG, JAG, EEO and Civilian authorities and not to stop until someone takes up the cause. Best way is to file complaint with local and military police without delay and ensure that complaint is made to outside the military channels. Military on its part should be compassionate towards the victims. They should consider the cases individually without assuming all women are liars and avoid prejudgment.
The victims or witnesses should not be punished for reporting sexual assaults. It should be the policy to separate the victim and offender by sending the offender to a different unit. The transfer of the offender to another unit only transfers the problem to another unit or if the offender is discharged, then the problem is dumped on the society (Nelson, 2002). As such the offender should undergo reformation before he is released to the society or transferred to another unit. Confidential counseling The rape victims should be offered confidential rape counseling but they should not be compelled.
Survey results suggest that counseling as the most appropriate way of helping the rape victims. Importantly, the offer of counseling should be made immediately and the counseling should be done by an expert trained and experienced in sexual trauma problems. In case non- availability of counselors on the campus, prompt referrals should be made to outside experts who would include civilian counselors also. The first responders to the rape reporting such as commanders, hospital staff and the military police should be adequately apprised of the need for prompt and appropriate referrals.
Though confidentiality is essential, Privacy Act 1974 exempts officers and employees to have access to the information so that they can decide on the victim’s fitness for military duty. The victims should be encouraged to talk freely to an expert who is not connected to the case. Rape victims may be referred to veteran center or civilian health facility and not to military mental health clinic. The rape victims are comfortable with a female supervisor who will not hesitate to take positive course of action.
Every chain of command should have an EEO position since victims complain that male officers do not listen to them at all. The recommendations should include that investigators should “quit concentrating “90 % of the victims’ genuineness and 10 % on the offender. Multiple complaints on the same offender should be relied up on as a valid evidence of the assailant’s character. It has been suggested that these crimes should be prosecuted in accordance with the current laws and regulations.
The victim should be provided with a legal representative. Written transcripts of all hearings should be supplied to victims. Under no circumstances, should victims be charged with. Intervention between
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