NYT: "Viral Video Moves Sexual Harassment in Marine Corps to Forefront"

2/23/2021

NYT has a report on a social media video regarding military sexual assault that has been viewed over a million times, and which became so "viral" that it elicited a response from SECDEF.

NYT Article Here.

Initial video about her preparing to testify about her assault:
TikTok Video Here.

Video following her testimony where she learns that her alleged assaulter will not be separated:
Video Here.

Marine Corps Twitter Response Here.

Brenner Fissell

EIC

3 Comments

Nick Stewart

2/23/2021 02:58:30 pm

As leaders, issues with our handling of military justice and administrative disciplinary procedures keep coming up. But if we want to ensure our objectivity as an institution, we have to approach this story, which is troubling on its face, with the restraint expected of our thoughtful leadership. With the high-level, instant attention created by social media, we run the risk of sacrificing our deliberation and fact-finding, our ability to have cooler heads, truth, and due process prevail.

Here, it sounds like a (previously?) accused service member is retained despite what were apparently unanimous negative endorsements from the CG's subordinates. We have no reason to doubt that fact.

However, sexual harassment and sexual assault are very difficult issues to which we must responsibly respond -- for the sake of both alleged victim and alleged offender. If "transitory passions" drive us as civilian and military leaders to "shoot first, and ask questions later," then are we really preserving good order and discipline? If "transitory passions" drive us to disregard both criminal and administrative due process, are we really preserving good order and discipline?

It stands to reason that good order and discipline start with us as leaders, ensuring that our investigations and reviews of disciplinary efforts are not simply a "prelude to a predetermined outcome." I'll say that again. As civilian and military leaders, we must ensure our investigations and reviews are not simply a "prelude to a predetermined outcome."

Justice is not a result, especially not a predetermined result. Both criminally and administratively, it is due process in which we honestly and faithfully engage for the benefit of all...for the accuser, for the accused, and for the service itself. Justice remembers the pitfalls of rushing to hasty judgment. And justice resists headlines.

I hope and pray that, first, the distressed Marine is availed of the resources made available to her by our institutions. I believe that will happen. Second, I hope and pray that, during the review of the CG's decision we take the time to be deliberate. Everyone involved deserves that -- the Marine distressed in this TikTok post, the Marine (previously?) accused of misconduct, and the CG whose decision might or might not have been made with good cause.

Of course, it does not look good if the CG's subordinates unanimously offered negative endorsements on the matter, only to have the CG take what sounds like favorable action. But the litmus test that will truly indicate our institutional character is what would happen if we were faced with the opposite scenario.

What if the CG's subordinates had unanimously offered favorable endorsements to retain the (previously?) accused Marine? What if the CG ignored those favorable endorsements by taking action to separate the Marine? What if that Marine -- for the purposes of this hypothetical, being wrongly accused of either sexual harassment or assault -- posted similar content on social media? Is it effectively our position that, if accused and guilty, then you are guilty? If accused and not guilty, then you are still guilty?

The point is, we as leaders -- entrusted to exercise sound judgment free of influence and guided by a respect for due process -- have to ensure our responses to both this actual social media content, and that hypothetical social media content, are the same. We have to ensure that both scenarios would get our objective scrutiny. Only then can we truly say we are ensuring good order and discipline.

The study from the American Academy of Psychiatry and the Law, previously featured here on CAAFlog, makes it clear that our response to sexual assault and harassment in the military -- while making some progress -- has led to unintended consequences. The study suggests that we have become trigger happy. (http://jaapl.org/content/early/2020/05/14/JAAPL.003939-20)

Whatever the facts of this case highlighted recently on TikTok, I hope the right thing happens. But our responsible response to it has to remember that the details of this most recent media exposure seem to be accompanied by the less visible side of the same coin.

If we acknowledge both sides of our problem -- not only the obvious (sexual assault / harassment itself) but also the more subtle (the second- and third-order negative effects of our response) -- then we can start to make real, long-lasting progress. In the long run, our alleged victims, our alleged offenders, and the good order and discipline of our institution will benefit.

AF JAG

2/25/2021 12:49:34 pm

Please submit this as an op-ed to the Military Times or some other publication. What a perfect, tactful summation of our current state of affairs and what we should strive for. Congress and senior military leadership would do well to read this.

Brenner M. Fissell

2/23/2021 08:31:12 pm

Well said. The number of Twitter “likes” should not be equated with the votes of a court-martial.

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NYT: "Viral Video Moves Sexual Harassment in Marine Corps to Forefront"

Brenner Fissell

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