A Letter for your senator
Dear Senator _________________,
It is with great respect and admiration for your work to improve the lives of U.S. service members and veterans that I write to you today asking that you co-sponsor the Military Justice Improvement Act of 2013 with Senator Kirsten Gillibrand and others who seek to pass this bipartisan bill. As a feminist concerned about relationship and sexual violence, I have an understanding of the complex social mechanisms and institutional practices that result in what feminists call "rape culture," a culture that perpetuates and maintains a system of rape against marginalized persons. It is unfortunate that our fine military has been implicated in perpetuating and maintaing a culture of violence against its own service members, and I look forward to increased awareness and determination to protect honorable service members while prosecuting sexual predators currently hiding amongst the ranks.
What must change is the climate of protectionism, or what feminist philosopher Susan Rae Peterson calls "state-sponsored" rape, a very disturbing description of what we're seeing in our military. She argues that rape is an institution, "a form of activity specified by a system of rules which define offices, rules, moves, penalties, defenses, and so on, and which give the activity its structure" (Feminism and Philosophy). This structure of protectionism is defined formally by the Uniform Code of Military Justice, which empowers commanding officers to apply arbitrary leniency to rape, sexual assault, and sexual harassment cases and which allows perpetrators to leave the service with a relatively clean record, as they are not currently added to the sex offender databases and suffer only minor consequences in exchange for the great evils they commit. Philosopher Claudia Card paraphrases Peterson, "If a state fails to protect women against rape but succeeds in protecting at least certain classes of men against rape charges, [. . . ] it supports a 'racket;'" yet; Card argues, even the continued threat is state-supported (Unnatural Lottery). It sounds far fetched, until we consider the case of Trina McDonald, whose story of a frat-like, assisted-acquaintance rape is well told in the film Invisible War, brings the protection racket to life.
During service on the remote Adnak Naval Operating Station, the 17-year-old Trina McDonald, a naive new "boot," was drugged and raped more than once. The attackers included security forces who were assisted by females that received protection for their complicity, as they were in on the racket. Of course, rape, like all oppressive violence, wears many faces and takes many forms, but it is always perpetrated in the name of power and submission, and our military will suffer for it. Women (and men) who are under the threat of rape by either subordinate or higher-ranking officers suffer psychological harm and post traumatic stress disorder from rape attacks and are not fit for duty until the injury has healed, and this healing only comes through speaking out about the crime against the person, from acknowledgement by authorities that the crime has occurred, and from knowing that retributive justice will be served by those authorities against the attacker. Those who hide the injury of rape live with psychological trauma so great that they are ill fit for continued service, so it is in our interest to strive for a military culture in which victims are safe to come forward to report the crime committed against them and to begin the process of recovery. Of course, ideally, we reverse the culture to create a space of mutual respect and celebration for others bodily integrity. It takes a while.
One last point about preventing rape. The only known and fail safe preventative mechanism shown to stop violence is social consequences. Mandatory arrests, incarceration, even rehabilitation programs have all failed to protect women from violence, beyond that arrest threatens to alert the neighbors and the boss. What does protect potential victims is the fear a potential perpetrator has that he or she will become publicly known as a rapist and that this knowledge will directly affect the pocketbook.
This is not to say that privacy of the accused is not important. What it does mean is that prosecutions are important and social consequences beyond the military (sex offender database lists) are important. Protecting predator service members from punishment creates an air of impunity, from which they commit serial offenses of rape, assault, and harassment on their fellow service members. The majority of the rapes being committed in the military are committed by far fewer attackers. Protectionism threatens the integrity of the military mission for the sake of a few criminal deviants and must end. Perpetrators of these atrocities harm everyone and simply aren't worth the costs.
Now, that you know more than you wanted to know about the sexual politics of rape, I hope that you agree that it is critical that Congress pass the MJIA 2013 to alter the UCMJ. It is clear that the military is unable or unwilling to address rape protectionism without these formal structural changes taking place; therefore, it is the responsibility of the U.S. Congress to ensure the integrity of the overall mission. I hope that you decide to work for the necessary structural changes that will result in a more productive, robust, and honorable military.
I thank you sincerely for your work and your consideration of this request. If you would like to discuss anything I've said here further, I'd be more than happy to meet with you.