Vanessa Guillen - Break the Chain of Silence by Removing the Chain of Command
August 2020 | Natalie Hsaio, Staff Writer/Editor
Garnering national attention, Specialist Vanessa Guillen’s disappearance have sparked conversation about the military’s protocol for handling cases of sexual assault and harassment. From trending hashtags to national marches and petitions demanding a change in policy, the feedback is clear: there must be change. To better explore and understand the effect of the situation, we will first go over the basic facts of Guillen’s disappearance, look into how sexual assault/harassment is handled in the military, and explore the possible new changes for reform.
In a statement from the United States Army Criminal Investigation Command, Specialist Guillen “was last seen on the morning of April 22 in the parking lot of her Regimental Engineer Squadron Headquarters, 3rd Cavalry Regiment on Fort Hood, Texas, and had not been heard from since that date.”[1] On July 6th, 2020, it was confirmed that the remains of Specialist Guillen were identified near the Leon River in Belton, Texas.[2] Her family reported that Vanessa had been confiding in her family and friends about being sexually harassed.[3] However, Vanessa did not formally make a report; which raises some questions. Why did she choose to not file a report? If there was a formal report filed, would it have prevented the tragic situation from happening? The loss and tragedy of Vanessa Guillen have called into question the protocol of reporting cases of sexual assault/harassment in the military.
Vanessa is not alone. Her story is not an anomaly. In the annual report from the Department of Defense (DOD), an estimate of 20,500 service members have experienced some sort of sexual contact or assault in 2018, an increase from 14,900 members in 2016.[4] In the same report, 43% of women who filed a report said that the whole experience of filing a report was negative. As a response to aid victims to find support, the DOD has implemented two different reporting structures: restricted and unrestricted reporting. With unrestricted reporting, there is the ability to provide legal and medical support to the victim. An official investigation of the crime will take place once the victim makes a report through the chain of the command system, and a healthcare provider will conduct a Sexual Assault Forensic Examination (SAFE). Restricted reporting, on the other hand, allows victims of sexual assault/harassment to report to a commander who then helps the victim receive medical assistant, treatment, and counseling without the involvement of the law. With restricted reporting, the assailant will not be punished, and the victim may come into contact with the assailant once again.[5]
Even with different reporting options, many still do not make reports. The chain of command system works by having an individual report to their commander in the hierarchy, who is then in charge of handling the report and situation.[6] The chain of command system is described as “a personnel organization system that connects all military personnel together according to a specific level of achievement, or rank. The chain of command is an organizational structure through which orders are passed from the top down.”[7] A recent report from the 2019 U.S. Army Reserve Annual Report on Sexual Assault stated that, “the sustained high rate in the number of reports may be a positive indicator of victim confidence in their chain of command, victim advocacy and response services, Army criminal investigation offices, and appropriate accountability for offenders.”[8] Although there has been an increase in reports, and the report does suggest that the Chain of Command system is functional, it is still not enough. Although there is an increase in faith in the Chain of Command system, the system itself is corrupt. The power that the commander has is crucial. With the commander being in charge of handling an investigation and case, this could often leave the victim feeling powerless and scared to take action. Sarah Plummer, a victim of sexual assault from the Marine Corps, states, “having someone within your direct chain of command handling the case, it just doesn`t make sense. It`s like your brother raping you and having your dad decide the case.”[9]
The fear of retaliation and the lack of trust in the military system prevents reporting. Like Vanessa Guillen, many others are uncomfortable with coming forward and taking justice for themselves because of this system. It is not the victim’s fault, but rather, a problem with the barriers set in place when reporting. Thankfully, there are strides being made to help amend this flawed system. Congresswoman Jackie Speier introduced two amendments in late July addressing the changes to be made taken into account by the disappearance and murder of Vanessa Guillen. Speier plans to remove “sexual harassment and assault prosecutions from the chain of command and making sexual harassment punishable as a specific offense within the Uniform Code of Military Justice,” by requiring the DOD to “establish a confidential reporting process for sexual harassment, with those reports being included in the DOD’s Catch a Serial Offender program; and require the U.S. Government Accountability Office to report on the military’s procedures to respond to missing servicemembers.”[10] The removal of the chain of command will allow individuals to have a safer experience while reporting a traumatic event.
The battle for justice is being fought but is not yet won. With the media’s attention, the culture of abuse within the military is being exposed to the forefront. New amendments, movements, and marches have been proposed and revealed. With trending hashtags like #Iamvanessaguillen, many women and men alike in the military system have been given a voice to share their stories. But despite these hopeful steps into the future, there is still much to be done. The message echoed by people across the nation is demanding for answers and change. The chain of command reporting structure steals away the voice and power of our servicemen/women. Amendments have been introduced, politicians have been speaking out, and the message is loud and clear: we must break the chain of silence.
Sources
“Pfc. Vanessa Guillen Investigation Update,” Fort Hood Press Center (United States Army Criminal Investigation Command, July 1, 2020).
“Remains Positively Identified as Spc Vanessa Guillen,” Fort Hood Press Center (Fort Hood Press Center, July 6, 2020).
Johnny Diaz and Maria Cramer, “What We Know About the Disappearance of Vanessa Guillen,” The New York Times (The New York Times, July 2, 2020).
“Department of Defense Annual Report on Sexual Assault in the Military,” Department of Defense Annual Report on Sexual Assault in the Military § (2018).
“Reporting Options,” sexualassault.army.mil (SHARP), accessed July 25, 2020.
U.S Department of Veterans Affairs. Chain of Command & Authority, n.d.
Danielle Christenson, “BSU Honors Program Theses and Projects,” BSU Honors Program Theses and Projects (2014), p. 13.
“Active Component and U.S. Army Reserve Annual Report on Sexual Assault” (Department of Defense, 2019).
Sarah Plummer, “Military Justice Improvement Act: Quotes You Should Read: Kirsten Gillibrand: U.S. Senator for New York,” Kirsten Gillibrand | U.S. Senator for New York, accessed July 25, 2020.
“Chair Speier's Amendments to Address Military Sexual Assault and Harassment and Missing Persons Cases in Honor of SPC Vanessa Guillén Pass in FY21 NDAA,” Protect Our Defenders, July 22, 2020.