Yes, to some degree. But this problem has NEVER before been considered a "constitutional right."
"Who they are" now trumps everything.
Rape is not constitutional or legal. But, with homosexuals in positions of power, the incidents of rape between men will increase and will be less likely to be reported. Exactly what occurred in the Royal Navy. The Royal Navy had buggering Captains for a very long time. Many of them were rumored to rape their young servants, midshipmen, or even other officers; but until an incident that became public and some testimony could be presented to a Court Martial, nothing was done.
Even less will be done today, since both subordinates and superiors will be afraid that taking action will be discouraged in the current political climate. Never be alone with your commander.