Posted on 04/16/2003 6:13:14 AM PDT by berserker
Critics: Hefley lets leaders duck blame
Victims, their advocates and congressional leaders lashed out at U.S. Rep. Joel Hefley on Tuesday over his removal of language from a bill that would have held Air Force Academy leaders accountable for the sexual-assault scandal. Critics of the Colorado Springs Republican sent a flurry of messages to the White House in hopes of keeping President Bush from signing the measure, which could occur as early as today.
Hefley's move was a "despicable watering down" of an amendment and lets generals and other academy commanders off the hook, said Beth Hills, an advocate for military rape victims. "No one believed for a moment that the bill would be altered in any way," Hills said.
Hefley spokeswoman Sarah Shelden said victim advocates may not understand what the congressman was trying to do. "He's absolutely on the side of the victims," Shelden said. "Naming names by itself is not going to change a culture that is clearly destructive and broken." She said the congressman made the change so that the investigation would focus on the victims. "He wanted to change it to make sure it helps the victims," she said. "He wants to get to the heart of the problem."
The amendment was written this month by a group of senators, including Wayne Allard, R-Colo., in response to public outcry over how the academy has consistently ignored or punished dozens of sexual assault victims. The measure, included in the $80 billion spending bill for the Iraq war, called for Defense Secretary Donald Rumsfeld to appoint an independent seven- member panel to investigate the assault scandal.
But before Congress approved the bill over the weekend, Hefley had the words "accountability and responsibility" removed, so the investigation now calls for a "study of the policies" that allowed a hostile environment to exist at the academy north of Colorado Springs.
The change didn't come to light until Monday.
"This is outrageous," said Rep. Loretta Sanchez, D-Calif., a member of the House Armed Services Committee, as is Hefley.
Sanchez, a new appointee to the academy's governing Board of Visitors, said Hefley, also a board member, mentioned nothing to her about changing the language when the board met in Washington last week.
"It doesn't matter how many stars somebody has on their shoulder," Sanchez said. "We owe it to our young people that everybody is held accountable for crimes that have happened and work to change that atmosphere."
Hefley "doesn't get it," said Jessica Brakey, a former cadet who says she was forced out of the academy after being raped there in August 2000. "He just added to the already uphill battle that we have in getting to the bottom of these issues."
Sen. Joe Lieberman, D-Conn., said he was troubled "that there is apparently still resistance to conducting a full, independent investigation of the Air Force Academy sexual assaults," spokesman Dan Gerstein said. "For that inquiry to have credibility, it must follow the facts wherever they lead - and to whomever they lead. That means holding academy leaders accountable if they failed to do their jobs and turned a blind eye to the rape and sexual harassment of women under their command," Gerstein said.
Four top academy leaders, including Superintendent Lt. Gen. John Dallager and Brig. Gen. S. Taco Gilbert III, commandant of cadets, were forced last month to leave the academy. The shake-up followed three military investigations conducted this year by the Air Force and the Defense Department.
Air Force Secretary James Roche has said no single leader was to blame, but victims, advocates and others say further accountability should take the form of apologies, firings and courts martial.
Rep. Diana DeGette, D-Colo., said the independent investigation ordered by Congress ought to "look at both leaders and the culture that might have contributed to the rapes," spokesman Josh Freed said.
Vincent Mountjoy-Pepka, the father of a cadet who said she was raped and then blamed by academy staff members, telephoned Hefley's office to protest the change, he said. "I told him that I have nothing more important to do but to move to Colorado to his district and campaign against him," Mountjoy-Pepka said, "unless the criminals are held accountable."
Allard's spokesman said the senator did not believe that the change would jeopardize the investigation. "We believe this panel should still have enough latitude to go where it needs to go," spokesman Dick Wadhams said.
Christine Hansen, executive director of the Miles Foundation, said Hefley's move undercuts the spirit of investigation called for by the public. "Everybody's reading of the legislative intent was to have system accountability," Hansen said. "This is disturbing."
In negotiations with the Senate, I altered the amendment language to broaden the panel's jurisdiction and oversight responsibility. Under the language ultimately approved, the panel will now investigate, review and determine what, if any, organizational practices or cultural elements were conducive to allowing sexual misconduct. The panel will also focus on victim-response procedures and determine what, if any, factors were present to create a fear of retribution among victims. Finally, the amendment allows the panel to investigate whether Air Force or academy officials should be held accountable for actions they may or may not have taken.
I have seen many, (meaning more than 5, probably more if I sat down and took a good count) men, and women, in the service have to defend honorable careers because some soldier decided to scream any of the above. Few if any witnesses ever came forward, no DNA evidence was submitted, no proof of the crime ever put forth. I have only seen 2 cases in my career that actually had anything that would survive a civilian court defense attorney. Both of those soldiers careers are now over. Yet having seen the case, talked with the serving JAG-these cases would have resulted in not guilty in the civ. sector.
To address you directly: where is the due process? When did this stand before a military grand jury? A cry of rape does not mean the crime has been committed! Many soldiers in the Army know that they do not have to prove an accusation to have it adversely affect the target's career. Let me tell you that even the hint of sexual misconduct is attacked immediately by any chain of command. Few if any soldiers accused get away without some punishment-again punishment based not on just the allegation, but on perceptions of everyone around the incident also.
Do not think that for one minute that a culture of anti-women exists anywhere in the mainstream armed forces-maybe in combat arms units, special forces -which are women free anyway-but not where women serve. Many will scream these charges-but the bottom line is, and has always been in the American judicial system, civilian or military: PROVE IT, BEYOND A REASONABLE DOUBT, TO A JURY OF YOUR PEERS, IN A COURT OF LAW.
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