Noteboom The Law Firm

ACLU Sues Pentagon For Sexual Assault Records

December 15, 2010 - The American Civil Liberties Union (ACLU) filed a lawsuit that aims to force the Pentagon to release records detailing how widespread sexual assault is in the military, including in the current wards, and how the Pentagon has handled these situations. The Pentagon, however, adamantly refuses to make those records public.

Over the last 10 years, the number of soldiers reporting sexual assault in some form numbers in the tens of thousands, according to the ACLU's lawsuit. The information sought in the lawsuit includes the:

• Number of acquittals;
• Number of convictions;
• Length of sentences;
• Number of sexual harassment complaints; and
• Number of sexual trauma disability claims accepted and rejected.

The extent of the issue can likely be determined by obtaining the requested records. According to the ACLU, the Department of Veterans Affairs (VA) and the Department of Defense (DoD) are neglecting the welfare of their own soldiers by not releasing the information. A paltry 8% of sexual abuse cases in the military are prosecuted. Further, even for those female veterans who have been diagnosed with post-traumatic stress disorder (PTSD), most disability claims are denied because the female veteran cannot prove her case.

Reported military sexual assaults increased over the last year. Approximately 1 in 3 female soldiers report sexual assault at some point in their military career and about 80% are never reported. Given the enormity of the situation, the ACLU believes the public has a right to know and that the DoD needs to step up and put a stop to the unacceptable amounts of sexual assault going on in the military.