You are browsing the archive for U.S. Navy.

A Case Study in Awful: The 8 Worst Parts of the Recent Naval Academy Rape Hearing

11:33 am in Uncategorized by RH Reality Check

Written by Erin Matson for RH Reality Check. This diary is cross-posted; commenters wishing to engage directly with the author should do so at the original post.

Recently, attorneys defending three former Naval Academy football players against allegations of sexual assault at an off-campus party spent more than 20 hours over five grueling days questioning, taunting, blaming, shaming, and what appears to be re-victimizing a 21-year-old female midshipman.

At one point, the midshipman said she was too exhausted to continue testifying and the commander presiding over the hearing granted her a day off. “This is borderline abusive,” her attorney Susan Burke said upon leaving the Navy Yard that day. Abusive, yes, and sadly all too instructive in how rape culture encourages attorneys, members of the media, and others to turn sexual assault victims into the accused.

The routine process of victim blaming, as illuminated by this Article 32 hearing, serves to silence other sexual assault victims, generate sympathy for rapists, and create doubts that the definition of sexual assault includes anything beyond a stranger jumping out of an alley and raping a sweet, chaste woman wearing modest clothing.

In this case, the midshipman saw social media posts that led her to believe she was raped while drunk. All three defendants admitted sexual contact with the midshipman on the night at the center of the allegations—either to her, or prosecutors. What follows is a look at some of the horrible insinuations, statements, and questions used by defense attorneys to impugn the character of the midshipman, which offer an entry point to talk about and refute rape culture as a whole.

How do you perform oral sex?

Defense attorneys repeatedly asked the midshipman how she performs oral sex. This question is irrelevant, even though one of the defendants has said that he put his penis in her mouth that night. Here’s the deal: It doesn’t matter if a sexual assault victim has had sex, and it doesn’t matter how she (or he) prefers to have sex. People are biologically driven to have sex. Sex is part of normal life. A history or manner of having oral sex, or rough sex, or any specific style of sex, does not mean that you can’t be sexually assaulted orally, or roughly, or in that specific style. There are infinite ways to have sex, minus one: Sex without consent isn’t sex. By definition, it’s rape.

Tell us about your sex life.

Along with repeated queries about how she performs oral sex, the midshipman was asked to describe her sex life in detail. This, like the oral sex question, is also irrelevant and demeaning. Casting the spotlight on a victim’s sexual history in the context of discussing her (or his) rape serves to make others imagine the victim sexually. It serves to degrade her (or him). Sharing your sexuality with others is a personal choice. Being cast in a sexual light can be highly desired, even great, when freely chosen. But painting a sexual picture of someone when they haven’t asked you to serves to shame, silence, and sluttify.

You had sex with him before, right?

Read the rest of this entry →

How the Military Discriminates Against Transgender Individuals

10:29 am in Uncategorized by RH Reality Check

Written by Autumn Sandeen for RH Reality Check. This diary is cross-posted; commenters wishing to engage directly with the author should do so at the original post.

Mural: Hero Chelsea Manning

“I enlisted in part an attempt to be the man I wasn’t. Chelsea Manning recently gave that same explanation as to why she enlisted.”

When I joined the U.S. Navy back in 1980, I knew I was transgender. I didn’t know the word transgender, but I knew deep down that’s what I was.

Prior to joining the Navy, in 1979, my pentecostal parents considered transgender identities and transgender expressions to be sinful, and made going to “conversion therapy” a condition of living at home. Due to my own internalized transphobia, I thought I was sinful too, so I underwent the therapy, which had the goal of having me become “ex-transgender.”

A goal of both gay and transgender conversion therapy is to embrace societal gender role norms, so in my case embracing masculine norms was the goal. It should come as no surprise then that when I enlisted in the Navy in 1980, it was in part an attempt to be the man I wasn’t.

Chelsea Manning, who enlisted under the name Bradley Manning—and who in August received a 35-year prison sentence for releasing classified government documents to WikiLeaks—recently gave that same explanation as to why she enlisted.

If either of us had admitted to being transgender before we joined the military, we wouldn’t have been allowed to join. This is because Department of Defense Instruction 6130.03, the Medical Standards for Appointment, Enlistment, or Induction in the Military Services, states that “[c]urrent or history of psychosexual conditions, including but not limited to transsexualism, exhibitionism, transvestism, voyeurism, and other paraphilias” precludes induction.

Department of Defense (DOD) policy also discharges currently serving personnel if they admit to, or are discovered to be, transgender. For enlisted service members, Department of Defense Instruction 1332.14 (the Enlisted Administrative Separations) is the controlling regulation. The Army’s applicable regulation is Army Regulation 40–501, the Standards of Medical Fitness, which states:

A history of, or current manifestations of, personality disorders, disorders of impulse control not elsewhere classified, transvestism, voyeurism, other paraphilias, or factitious disorders, psychosexual conditions, transsexual, gender identity disorder to include major abnormalities or defects of the genitalia such as change of sex or a current attempt to change sex, hermaphroditism, pseudohermaphroditism, or pure gonadal dysgenesis or dysfunctional residuals from surgical correction of these conditions render an individual administratively unfit [to serve].

This transgender exclusion is backed by case law. The first such case in which such exclusion was discussed is 1981′s Doe v. Alexander. Tarynn M. Witten wrote about the case in a 2007 whitepaper entitled “Gender Identity and the Military – Transgender, Transsexual, and Intersex Identified Individuals in the U.S. Armed Forces,” saying:

[T]he Army defended its policy of denying enlistment to transsexual persons, arguing that transsexual persons presented a medical problem in that their requirements for hormone supplementation might not be available at some location where they could be assigned.

The 2007 DeGroat v. Townsend decision by the U.S. Southern District Court in Ohio, Western Division, echoed the decision in Doe v. Alexander, finding Joanne E. Degroat, a member of the U.S. Armed Forces (USAF) from 1974 to 1989, medically unfit to serve. In the decision, the court stated that “USAF medical staff encouraged and counseled her to dress in female street clothing when off-base and off-duty” as part of the treatment plan for her gender dysphoria. Major DeGroat was seen attending church in female clothing, and then “was notified that she had to show cause for retention on active duty for substandard performance due to a failure to show acceptable qualities of leadership required by an officer of her grade, based on her wearing female clothing on two instances and subjecting herself to public view.” Her separation for service was upheld.

The Leyland v. Orr decision is also on point. Jane Anne Leyland was honorably discharged from the Air Force Reserves as being found mentally and physically unfit to serve due to being transsexual and receiving trans-related medical treatment. As Witten wrote in her paper, “Leyland’s fitness for duty recommended discharge on the grounds of psychological unsuitability, the Air Force Board for Correction of Military Records affirmed the discharge on grounds of psychological unsuitability and physical unfitness.”

From the Ninth Circuit Court of Appeals ruling, Dr. Donald Novicki, a urology consultant to the Air Force surgeon general, stated that the known and potential long-term effects of a sex change constitute a risk significant enough to restrict the individual’s performance of Air Force duties, especially when remote geographic assignments are involved. Dr. Novicki stated that assigning such a person to such places “would be equivalent to placing an individual with known coronary artery disease in a remote location without readily available coronary care.” He added, “It has been and remains the policy of the Surgeon General that such abnormalities be identified and that such individuals be denied entry or continued active duty for their benefit and for the benefit of the United States Air Force.”

Lastly, in 1988′s United States v. Davis, the appellant was charged under Article 134 of the Uniform Code of Military Justice after having several Navy psychiatrists diagnose her with what the DSM-V refers to as “gender dysphoria,” and was recommended for continued treatment of the condition. The U.S. Court of Military Appeals ruling on the case stated that expressing gender as one’s target sex while on base in a manner as required by the relevant standard of care “virtually always would be prejudicial to good order and discipline and discrediting to the Armed Forces.”

Read the rest of this entry →