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Uploaded: Monday, October 1, 2012, 3:18 PM
19 veterans sue government leaders for failing to protect them against rape, sexual assaults
'Victims are put on trial and told they have asked to be raped,' San Mateo congresswoman charges
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Lawyers for 19 veterans of the U.S. Army and Air Force filed a lawsuit in federal court in San Francisco alleging that top government officials failed to protect them against rape and sexual assaults while they were on active duty.
"The military system is inherently biased," said Rep. Jackie Speier, D-San Francisco/San Mateo, who attended the morning news conference announcing the suit at UC Hastings College of the Law at 200 McAllister St.
"Victims are put on trial and told they have asked to be raped," she said.
The victims bringing the suit, from a dozen states, allege that by failing to protect them from assaults, the defendants, including Secretary of Defense Leon Panetta, former Secretary of Defense Donald Rumsfeld and the secretaries of the U.S. Army and Navy, violated their constitutional rights to due process of law and equal protection.
Two of the plaintiffs, Daniele Hoffman and Kole Welsh, both Army veterans, became emotional during the news conference when they described their feelings as victims of rape while in the service.
"I've been alone and silenced, but I won't be silenced any more," said Hoffman, who had attempted suicide after she was sexually assaulted nine years ago while in the Illinois National Guard and then suffered "continually" from harassment while serving in Iraq from 2007 to 2008.
"Let me be clear -- the federal judiciary is actively condoning" the rapes of members of military, said Welsh, who claimed that Army officials avoided prosecuting a sergeant who was "raping other male soldiers in order to give them HIV."
Welsh said he blamed the lack of action on military sexual assaults on the federal judiciary system, and that that under current law and
military regulations, perpetrators of sexual assaults know that they "could not be sued or held criminally liable" for their crimes.
Susan Burke, the lead council for the plaintiffs in the suit filed, said that military leaders were made defendants because the plaintiffs were denied access to fair judicial review and the military permitted retaliation against victims.
Judges hearing such cases generally have been protective of the military, which has won cases arguing that sexual assaults qualify as "a hazard of duty" to be endured legally by people in the armed forces, Burke said.— Bay City News Service Are you receiving Express, our free daily e-mail edition? See a sample and sign-up for Express.
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Posted by Danville Grandma, a resident of the Danville neighborhood, on Oct 2, 2012 at 8:26 am It's past time for women to stand up for themselves. Women have it better in this country than most but it is certainly not good enough. Mostly though, men who love their wives, daughters and female friends need to stand up and speak up. With the looming threat of Islamic Sharia law across the West, it is more important than ever. We need to get our heads out of the politically correct sand and take a stand. Men, care about the other 50% of humanity and women do what these courageous military women are doing and demand respect.
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Posted by Leah, a resident of the Danville neighborhood, on Oct 2, 2012 at 10:19 am Who is surprised about this? Multiple women on subs etc turned up pregnant from servicing men at sea. Duh. Time to bring back the Waves and Wacs--- yes-- separation in the military!! As far as the guy spreading AIDS---the libs wanted diversity---now u got it in spades.
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Posted by Aubrey, a resident of the Alamo neighborhood, on Oct 2, 2012 at 11:47 am Women aren't allowed to serve on submarines...
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Posted by Derek, a resident of the Danville neighborhood, on Oct 2, 2012 at 2:05 pm Leah-
Try plugging in your gray matter before posting. Better yet, go enlist.
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Posted by Diane, a resident of the Danville neighborhood, on Oct 2, 2012 at 7:24 pm Kudos to the brave women who are coming forward. I'm sure the armed forces are primarily staffed by men and women of respect and honor. Those that harm others should face dishonorable discharge!
Though I hate to add any credence whatsoever to "Leah," woman are now allowed to serve on submarines (for almost a year, I believe) though not in combat. Clearly her story is non-factual however as this is a very recent change. In addition Leah, sexual relations among military personnel is NOT the same as sexual assault.
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Posted by Diane, a resident of the San Ramon neighborhood, on Oct 4, 2012 at 10:02 am Point to Leah over Aubrey about the submarines. And Derek suggests enlistment for Leah because he wants her assaulted? Not nice. If you have a daughter, send her to a Muslim country. My sons have to be very judicious in their reaction to gay navy personnel who come on to them. Yes...this happens all the time...and God help the straight victim of the come on if he decks the interested party.
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Posted by Derek, a resident of the Danville neighborhood, on Oct 4, 2012 at 3:27 pm I suggest it Diane, because her "servicing men" comment implies she doubts the veracity of the claims. Oh yeah, that and the fact that "Leah" may not even be a "she".
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