12/15/2010 // West Palm Beach, FL, US // Sandra Quinlan // Sandra Quinlan

New Haven, CT—The American Civil Liberties Union of Connecticut, along with the Service Women’s Action Network and Yale Law School students, filed a lawsuit against the departments of Defense and Veteran Affairs, claiming the Pentagon has declined to release records related to sexual assault, harassment and/or trauma in the military. According to a recent Associated Press report, the plaintiffs, who filed lawsuit in New Haven on Monday, Dec. 13, 2010, want access to these so-called rape records so the severity of the issue at hand can be brought to light.

The lawsuit seeks to obtain records detailing the number of acquittals, convictions and sentences stemming from sexual assault cases. The plaintiffs also want to find out how many sexual harassment complaints were made and how many disability claims related to sexual trauma were accepted and rejected.

According to Anuradha Bhagwati, executive director of the Service Women’s Action Network (SWAN), “The government’s refusal to even take the first step of providing comprehensive and accurate information about the sexual trauma inflicted upon our women and men in uniform… is all too telling.”

Bhagwati contended, “The DOD and VA should put the interests of service members first and expose information on the extent of sexual trauma in the military to the sanitizing light of day.”

The lawsuit claims that while sexual assault and harassment is the leading cause of post-traumatic stress disorder in female soldiers, PTSD claims are often rejected for “failing to prove the case.” The suit also alleges the U.S. government prosecutes 40 percent of civilian sex offenders and only 8 percent of military sex offenders.

The complaint alleges, “Much of the information about the extent and cost of the (military sexual trauma) problem, along with the government’s reluctance to prosecute offenders and treat victims, is not in the public sphere.”

“The public has a compelling interest in knowing this information, given the potential enormity of the problem, the emotional and financial cost that it imposes on military service members and the increasing number of women serving in Afghanistan and Iraq,” the lawsuit added.

The Department of Defense said it received 3,230 reports of sexual assaults from military service members during fiscal year 2009. Last year’s tally represented an 11 percent jump from the year before. The DOD would not comment on pending litigation.

Furthermore, the lawsuit claims military service members who report sexual abuse to their superiors are subject to social segregation, reprisal, and could even face false accusations of their own.

Approximately 80 percent of sexual assault-related incidents go unreported and almost 35 percent of female soldiers have reported sexual harassment of some sort.

The case is underway.

Legal News Reporter: Sandra Quinlan– Legal News for Personal Injury Lawyers.

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