H.R. 840 would reduce sexual assault and domestic violence involving members of the Armed Forces and their family members and partners through enhanced programs of prevention and deterrence, enhanced programs of victims services, and strengthened provisions for prosecution of assailants.
Detailed Summary
Military Domestic and Sexual Violence Response Act - Establishes in the Department of Defense (DOD) an Office of the Victims' Advocate to facilitate access to services for victims of domestic or family violence, sexual assault, and stalking in the military. Directs the Secretary of Defense, acting through the Director of the Office, to require DOD policies for victim assistance, family advocacy, and equal opportunity programs to provide for a victims' advocates program within each military department.
Authorizes the Secretary to award contracts to: (1) support DOD crisis intervention services for victims of such violence; and (2) provide training on prevention of such violence.
Prohibits any person from restricting a member of the Armed Forces in communicating with the Office or from taking or withholding a personnel action in retaliation for making such a communication.
Provides for: (1) employment of a sexual assault nurse examiner, a psychiatrist, and a complimentary clinical team at each DOD military treatment facility; and (2) DOD community level programs and shelter services for active duty members and their families who are victims of such violence shelter .
Specifies the rights of victims of such violence reported to a military law enforcement agency.
Directs a military commanding officer who receives a qualifying complaint alleging such violence to investigate it and report.
Specifies circumstances under which military law enforcement officers shall arrest a person for committing domestic violence.
Establishes a Director of Special Investigations in DOD to review investigations of allegations of such violence and refer cases for prosecution.
Amends the Uniform Code of Military Justice to: (1) include as "aggravated assault" and specify penalty limits for an assault involving domestic or family violence; and (2) provide for court-martial punishment of violations of no contact or protective orders.
Authorizes the Secretary to: (1) contract for treatment services for members of the Armed Forces who have committed such violence; and (2) ensure that sex offender treatment providers in the contracted program meet the state licensing or certification standards.
Requires the Secretary of Veterans Affairs to: (1) ensure that Department of Veterans Affairs (VA) primary care providers receive training in the screening and referral of veterans who have suffered military sexual trauma; and (2) conduct related pilot programs.
Prohibits the Secretary of the military department concerned from approving a financial award or a promotion for an officer or employee who has been convicted of or disciplined for committing such violence.
Directs the Secretary to study: (1) the prevalence and nature of such violence, of intimate partner violence, and of child maltreatment, abuse, suicide, and homicide in the Armed Forces; and (2) military procedures after an incident is reported.
Status of the Legislation
Latest Major Action: 3/16/2009: Referred to House subcommittee. Status: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Points in Favor
(Log in to edit the wiki and be the first to show why the bill should pass!)
Points Against
(Log in to edit the wiki and be the first to show why the bill should not pass!)
Visitor Comments
Danni
September 30, 2009, 2:05am (report abuse)In 2002 while stationed on Miramar and living off base with my Marine husband, I recieved a couple of black eyes that were reported. I was made to leave my home and move into the barracks without my newborn daughter. During visitation I had to go to my husbands residence to see my daughter. We got into a verbal fight and when I tried to leave he pinned me up against a door breaking my ribs confirmed by xray. I reported it to my command. I was told by my command nothing could be done, it happened off base. The ER called the police, report on file. The next week I went to my husbands house to pick up my daughter and he sent me back to the ER. This was reported. Finally after much persuasion by the counceling center a CRC board conducted an investigation concluding that there was enough evidence to substantiate that my husband did commit these crimes, level 4 out of 5. there was no diciplinary action. He was then promoted to CPL and given an honorable discharge at the end of his tour.
Erin
November 19, 2009, 8:29am (report abuse)Why would anybody be opposed to this bill? I am doing a report on rape in the military for a Women's Writer's class at Fredonia University and I was appalled at the stats I found. This is an issue that needs attention and change.