Sexual Harassment/ Assault Response and Prevention

MSG Martinis Butler — Fri, 27 Dec 2013 10:50:47 -0500

I am a Unit Victim Advocate within my
battalion in which I strongly support the SHARP program. It’s being pushed
throughout the military that we must treat the victim and the perpetrator
equally and not play the judge or jury if they are both among our ranks. Honestly,
what would be your view toward them both if they were to remain working within
your ranks?<o:p></o:p>

Response by CW2 Private RallyPoint Member made Dec 27 at 2013 11:00 AM

CW2 Private RallyPoint Member — Fri, 27 Dec 2013 11:00:18 -0500

I don't think you can keep them in the same unit after the investigation is over regardless of the outcome. Sure we are professionals and you can say "suck it up and be professional" but at the end of the day there is too much bad blood and if you can move them, you should.

Before I left for Afghanistan I had someone in my unit who was accused of but completely exonerated of some SHARP issues. We left this person behind, but before we redeployed I contacted the rear D CSM and said "this person cannot return to my unit".

And we made the transfer happen until this person PCSs.

There are people that made up their mind about guilt or innocence and it's not fair to anyone to keep these people in the ranks after the fact.

Just my opinion.

I fully recognize it might not be possible to transfer units in some situations.

Response by CPT Aaron Kletzing made Dec 27 at 2013 11:24 AM

CPT Aaron Kletzing — Fri, 27 Dec 2013 11:24:24 -0500

Wow, that's a really tough scenario. The command team of the unit would need to be on top of this and deliberate in the actions they take. Personally, I would get with the Battalion CSM to explore whether it would be legal/practical to separate the two people, perhaps by moving one into a different unit. Does anyone know the legal challenges associated with that COA?

Response by MSG Martinis Butler made Dec 27 at 2013 11:27 AM

MSG Martinis Butler — Fri, 27 Dec 2013 11:27:47 -0500

Keep in mind that the perpetrator or the victim are given the opportunity to move out of the unit until the investigation is completed. What do you believe would go on what would the Soldiers say or how would they conduct themselves knowing the type of Soldiers you are working with on a daily what is going on in your unit?

Response by CH (CPT) Heather Davis made Dec 27 at 2013 11:50 AM

CH (CPT) Heather Davis — Fri, 27 Dec 2013 11:50:54 -0500

SFC Butler: Respectfully, you are held at a higher standard, and it is imperative to be neutral and objective. I am a Chaplain and I came in as an
E-1, and I will share with you that the truth does not always immediately reveal itself. I have personally witnessed those that we thought were innocent were not. When we do not have a relationship with
others, we often label them. That is why it is imperative that we create an environment of professionalism and to bring in resources like the Chaplain. This provides a safe place to reflect and vent for those that are impacted in the work place.

Response by 1SG Steven Stankovich made Dec 27 at 2013 11:59 AM

1SG Steven Stankovich — Fri, 27 Dec 2013 11:59:58 -0500

Very interesting question and I think some pretty good comments so far given the COA that the two could be separated by moving one, or both, out of the unit.  I would recommend that this COA would be validated with the CoC (BN CDR/BN CSM and higher if necessary) and JAG. The situation becomes a bit complicated if you cannot separate the two.  I have personally not been involved in a scenario like that.  I would definitely lean on the BN CSM and BN CDR for guidance and also pull in JAG to discuss left and right limits (no contact orders, etc).  IG may also be able to provide regulatory guidance/interpretation.  I will be following this thread because I am curious as to other COAs that are out there for when you cannot separate the accused and the victim...

Response by CW2 Joseph Evans made Dec 27 at 2013 12:56 PM

CW2 Joseph Evans — Fri, 27 Dec 2013 12:56:23 -0500

I would recommend both Soldiers be moved not just for the duration of the investigation, but permanently. Different companies until the investigation is complete and then both PCS'd off of post at the earliest convenience.
Like the Chaplain has pointed out, those we think innocent are not always that, and those we think guilty are sometimes misunderstood. Allegations, true or not, are going to impact a lot of people. Both the accuser and accused have friends, the unit will be polarized, threats may be issued by one side or another and those threats aren't likely to stop after the investigation runs its course.
The hardest part as a victim advocate, is that once allegations are made, there is a victim, there is abuse. But until the investigation is complete, you don't know who is the abuser and who is the victim. This is the reason for your required neutrality. It does not make it any easier as the advocate if you come to realize that one or the other has an undiagnosed personality disorder and the abuser may firmly believe that they are justified in playing the victim card.
As for the "keep them together" scenario, a lot of it is going to depend on the full nature of the allegations, comparative ranks and ability to isolate them. As a SSG, I was on the receiving end of some unwanted/unexpected attention from a married female SPC in my PLT while I was acting PSG. This was complicated by the fact that there had been allegations of impropriety between my 1SG and the wife of one of my Squad Leaders when they had served in a different unit together, and the 1SG was zero tolerance hypocrite on SHARP issues. For several reasons, we were not able to remove her from the PLT (MOS, Profile, Hardship, etc) and moving me would have upset the balance of the PLT (who all knew about her fascination long before I did). Fortunately, my situation was easily resolved with a stern counseling and the assistance of a female TM Leader. But there are so many other paths it could have taken. It isn't just about the professionalism of the primaries, but of the unit as a whole and I thank God for the integrity of my peers and subordinates in that scenario.

Response by SFC Private RallyPoint Member made Dec 27 at 2013 6:01 PM

SFC Private RallyPoint Member — Fri, 27 Dec 2013 18:01:14 -0500

SFC Butler, regardless of the rumor mill and even the stories I get (Im SHARP as well), I have to #1 support the victim and #2 not judge the alleged offender. In the end CID will grab the truth and decisions will be made based on that. Me prejudging or becoming biased only takes away from the effectiveness of me doing my job and the SHARP program itself. And once you start judging people, where does it stop? You are now judge and jury, and more than likely the perception is causing you to act in a different manner towards the offender.

Response by 1SG Private RallyPoint Member made Dec 27 at 2013 9:17 PM

1SG Private RallyPoint Member — Fri, 27 Dec 2013 21:17:19 -0500

I see many great points on this thread. What I haven't observed is the balance in the system. I have observed, First Hand, a Soldier that made an accusation in order to take advantage of the SHARP Expedited Transfer Policy. CID talks about escalating behavior for criminals and perpetrators. The Soldier that made the accusation had 3 unfounded reports before escalating her complaint against a senior leader. That leader fully supports the SHARP program, was suspended from their position during the investigation, and, 6 months later, is still under investigation. The accuser wanted to change her next duty station and build a case for herself for PTSD as a victim. She received her expedited transfer and continues to abuse the system. 1SG Rink nailed it when he said there isn't always a textbook answer. All leaders can do is enforce standards, trust in the system, and lead by example, especially during this time of transitioning the combat arms MOSs to a modernized, cohesive, integrated fighting force! See you on the high ground!

Response by SFC Private RallyPoint Member made Dec 28 at 2013 8:29 PM

SFC Private RallyPoint Member — Sat, 28 Dec 2013 20:29:52 -0500

SFC Butler,I am also a UVA and a senior paralegal NCO who has worked both prosecution and defense. While I understand the points of view expressed here, I have to agree that you cannot rush to judgment. An allegation is an allegation until its proven in a court. Regardless of what you know or how you feel towards the alleged offender - its gotta stay inside. I have had several cases that I worked that - because the unit failed to squash inappropriate treatment of the accused (ie: Peyote Platoon) - the Soldier ended up with a substantial amount of time credit towards his sentence. Even moving an accused Soldier to a different can have unpleasant repercussions with the pending case.

Response by SFC Private RallyPoint Member made Dec 31 at 2013 5:32 PM

SFC Private RallyPoint Member — Tue, 31 Dec 2013 17:32:24 -0500

Good question SFC Butler, as you know once a allocation of sexual assault has came up we no longer can do anything but take care of the victim.  I do know as the former BDE SARC that we can move the alleged offender to a different location within the battalion as long as it is within there MOS and that will help some with the pain of having them both still working within the ranks. <div> </div><div>You also said that the alleged offender or victim can move if they chose, that is wrong. Only the victim can request a transfer, the alleged offender will have to wait until after the case is closed, not the CID investigation but all the way to court marshal or just UCMJ.  At that point the alleged offender can request a transfer. </div><div> </div><div>Remember it is our job as SHARP/VA to take care of the victim and advise the COC as what to do with direct support from CID and JAG on all cases.</div>

Response by MSG Martinis Butler made May 4 at 2014 3:31 AM

MSG Martinis Butler — Sun, 04 May 2014 03:31:44 -0400

Sexual Assault is a big deal especially if it was to happen to our loved ones. If we are suppose to be a family in the military why is it always happening? Is it getting better or worse?

Response by MSG Martinis Butler made May 4 at 2014 3:35 AM

MSG Martinis Butler — Sun, 04 May 2014 03:35:09 -0400

We are receiving complaints now more than ever before. Is this a good sign, to say that people are actually reporting it because of the crack down on perpetrators and because the military is making this a priority?

Response by 1SG Kenny Utter made May 20 at 2015 1:20 PM

1SG Kenny Utter — Wed, 20 May 2015 13:20:52 -0400

All I know is that it's a really dangerous time to be male in the military. I hate that because we have a tiny population of deviants in the that our reaction has been congressionally mandated. After everything is said and done, I still don't think potential victims are any safer. Lastly, there is the question about whether the system is springloaded to smash the hell out of potential violators, guilty or not.