Raped in the Military? You May Have to Pay for Your Own Forensic Exam Kit

Editor's note: a correction was made to this story since publication. The uncorrected version stated incorrectly that the military doesn't cover forensic exam kits for the 20 percent of rape victims treated on military bases.

Sarah Palin's decision not to pay for rape kits when she was mayor of Walsilla was an issue in the campaign for the White House. But allow me to introduce the large pink elephant that has been sitting quietly in the corner of the room:

At the Winter Soldier Investigation in March, Spec. Patricia McCann, who served in Iraq with the Illinois Army National Guard from 2003-4, read a memo issued to all MEDCOM commanders clarifying that "SAD kits"-- which are forensic rape kits--"are not included in TRICARE coverage." *

TRICARE, the United States Department of Defense Military Health System that covers active duty members, will only pay for rape kits if the victim is seen in a military or a VA facility.

But the Pentagon acknowledges that 80 percent of military rapes are never reported. And that 80 percent who go off-base to protect their anonymity (and/or their careers) are on their own. If a soldier is on leave, or is five-hours from the nearest VA, or if a soldier is simply delivered to the nearest hospital by the local ambulance driver, their rape kits are not covered under TRICARE. Neither are other forensic exams that might be used in domestic violence situations.

Front-line treatment shouldn't be conditional on where a rape occurs or where the nearest treatment is available. This is not only a parity issue, but a further obstacle to treatment and justice.

Women in the military are twice as likely to be raped as their civilian counterparts. In fact, "women serving in the U.S. military today are more likely to be raped by a fellow soldier than killed by enemy fire in Iraq," Congresswoman Jane Harman, D-Calif., told the House Subcommittee on National Security and Foreign Affairs in May.

Harman said, "The scope of the problem was brought into acute focus for me during a visit to the West Los Angeles VA Health Center where I met female veterans and their doctors. My jaw dropped when the doctors told me that 41 percent of the female veterans seen there say they were victims of sexual assault while serving in the military, and 29 percent said they were raped during their military service."

In July, a House Oversight and Government Reform subcommittee hearing subpoenaed Kaye Whitley, director of the Pentagon's Sexual Assault Prevention and Response Office (SAPRO), to explain what the department is doing to stop the escalating sexual violence in the military. Her boss, Secretary of Defense Robert M. Gates, ordered her not to appear.

Whitley was finally made available to the committee on Sept. 10, but only after having been threatened with a contempt citation.

Whitley first informed the committee that the DoD was conducting a "crusade against sexual assault."

She then sought to reassure the committee with an accounting of all the heroic measures the Pentagon is planning to implement in the very near future.

But finally, she had to admit that in 2007 there were 2,688 sexual assaults in the military, including 1,259 reports of rape. Just 8 percent (181) of those cases were referred to courts martial, compared to a civilian prosecution rate of 40 percent. And almost half of those cases were dismissed without investigation. (And I say Whitley "had to admit" the number of cases because in 2004, Congress woke up to the fact that the DoD was blowing off the issue and required the military to make yearly reports on all matters relating to sexual assault in the Armed Forces. But those reports did not indicate either prioritizing or progress -- hence the hearings.)

Rep. John Tierney, D-Mass., asked the committee if anyone thought that "ordering its employees to ignore subpoenas to discuss the topic" sounded as if DoD was taking any of this seriously. "Let me be very clear. Preventing and responding to sexual assault perpetrated against our soldiers is simply much too important to be playing a game of cat and mouse." He later told Stars and Stripes that there are only seven people on Whitley's staff to devise and implement the military's sexual assault program for the entire military. That number speaks for itself.