May, 19 2016, 08:45am EDT

US: Raped in Military--Then Punished
Unjust Discharges Cause Lasting Harm
WASHINGTON
Thousands of United States service members who lost their military careers after reporting a sexual assault live with stigmatizing discharge papers that prevent them from getting jobs and benefits, Human Rights Watch said in a report released today. The report is the result of a 28-month investigation by Human Rights Watch, with the support of Protect Our Defenders, a human rights organization that supports and advocates for survivors of military sexual assault. Under pressure from the public and Congress, the US military has in recent years implemented some protection for service members who report sexual assault, but nothing has been done to redress the wrongs done to those who were unfairly discharged.
The 124-page report, "Booted: Lack of Recourse for Wrongfully Discharged US Military Rape Survivors," found that many rape victims suffering from trauma were unfairly discharged for a "personality disorder" or other mental health condition that makes them ineligible for benefits. Others were given "Other Than Honorable" discharges for misconduct related to the assault that shut them out of the Department of Veterans Affairs healthcare system and a broad range of educational and financial assistance. The consequences of having "bad paper" - any discharge other than "honorable" - or being labeled as having a "personality disorder" are far-reaching for veterans and their families, impacting employment, child custody, health care, disability payments, burial rights - virtually all aspects of life.
"Military rape victims with bad discharges are essentially labeled for life," said Sara Darehshori, senior counsel in the US program at Human Rights Watch and author of the report. "Not only have they lost their military careers, they have been marked with a status that may keep them from getting a job or health care, or otherwise pursuing a normal life after the military."
"Bad paper" has been correlated with high rates of suicide, homelessness, and imprisonment among veterans. Those with "personality disorder" or other mental health discharges have to live with the additional stigma of being labeled "mentally ill."
Despite the high stakes, there is little veterans can do to fix an unjust discharge, Human Rights Watch found. US law prohibits service members from suing the military for any harm suffered related to their service. The Boards for Correction of Military Records and Discharge Review Boards, the administrative bodies responsible for correcting injustices to service members' records, are overwhelmed with thousands of cases.
Human Rights Watch, with assistance from Protect Our Defenders, conducted more than 270 in-person and telephone interviews, examined documents produced by US government agencies in response to numerous public record requests, and analyzed data on cases in the Boards for Correction reading room that referenced "personality disorder" or "adjustment disorder." Researchers spoke to 163 survivors of sexual assault from the Vietnam War era to the present day.
"As I look back on the incident I have at times cursed myself for speaking up and reporting what happened," one rape survivor said. "I cannot even begin to express how this entire ordeal has affected my life."
In recent years, public attention has been drawn to the problem of combat veterans being given bad discharges for mental health conditions or misconduct that may in fact be symptomatic of Post-Traumatic Stress Disorder (PTSD). Congress has made it harder to discharge combat veterans on mental health grounds without checking for PTSD. However, the additional protections have not been extended to sexual assault survivors even though they also suffered trauma in service and the prevalence of PTSD is higher among rape victims than combat veterans.
Lack of Recourse for Wrongfully Discharged US Military Rape Survivors
"We regularly hear from people who report sexual assault that they are being threatened with discharge for mental health reasons or trumped-up misconduct charges," said Colonel Don Christensen, president of Protect Our Defenders and a former Air Force chief prosecutor. "Traumatized young service members may be willing to take a bad discharge just to escape their perpetrator without realizing the costs of their decision. Many more buy into the myth that it will be easy to upgrade their discharge later."
The Defense Department's standard response to service members who suffered sexual assault and allege improper discharge is to recommend they seek review by the Boards for Correction of Military Records or Discharge Review Boards. However, well over 90 percent of those applying to the Boards are rejected with almost no opportunity to be heard or any meaningful review. Lawyers for veterans say their cases often include considerable evidence and supporting documents. Yet Board members often spend only a few minutes deciding a case and may reach a decision without reading the submitted material. Because the courts give special deference to military decisions, judicial oversight of the Boards is virtually nonexistent.
"Military lawyers and veterans see the Boards as a virtual graveyard for their cases," Darehshori said. "Many veterans we spoke with were reluctant to put themselves through the trauma of reliving their assault to try to fix their record when they saw no hope for success."
Congress should require the Defense Department to expedite review of cases of sexual assault victims who believe they were wrongfully discharged. The defense secretary should instruct the Boards to be more open to considering upgrade requests from sexual assault victims, bring evidentiary requirements for proving a sexual assault into line with those used by the Department of Veterans Affairs, and create a presumption in favor of changing the reason for discharge from personality disorder to "Completion of Service," in certain cases.
To ensure that all service members receive due consideration of their claims, Congress should create a right to a hearing before the Boards for Correction of Military Records and provide greater information to the public on all decisions. A representative working group should be created to study standards for granting relief and determine best practices and procedures.
"Immediate reform is desperately needed to ensure that military sexual assault survivors can get a meaningful remedy for the wrongful discharges that darken their lives," Darehshori said. "They deserve support, not censure."
The following are quotes from rape survivors and advocates interviewed by Human Rights Watch or contained in documents Human Rights Watch reviewed. Starred victims' names have been replaced with pseudonyms to protect their privacy.
"Why should I be discharged because I was raped? I did what I was supposed to do. Had I never come forward I truly believe I would still be in the Air Force."
-A1C Juliet Simmons,* November 2012
"I carry my discharge as an official and permanent symbol of shame, on top of the trauma of the physical attack, the retaliation and its aftermath."
-Brian Lewis, March 2013
"Although agencies exist to which you may apply to upgrade a less than Honorable Discharge, it is unlikely that such application will be successful."
-Army Developmental Counseling Form
"I defy any of you not to have mental consequences if you were raped and harassed repeatedly and even set on fire, while management looked the other way and just laughed."
-Testimony of Amy Quinn before the Judicial Proceedings Panel on Sexual Assault in the Military, May 19, 2015
"I was 18 years old, was a mental mess, and was terrified to be back aboard [the ship] any longer than I had to. I wasn't protected, I wasn't helped, I wasn't safe from any type of harm! So how did I actually know what I was signing or even in fact what an OTH [Other Than Honorable] discharge was to mean? How was I to know that from all the sexual attacks that I had to suffer and the harassment, assaults, threats to my life and safety that for all these years [the discharge would be] a huge factor to how I lived and how my life ended up?"
-SR Heath Phillips, 2013
"It is bad enough to go through military sexual trauma, but to be discredited and labeled is difficult to overcome and causes so much damage. PD [Personality Disorder] is another level of betrayal because it is so stigmatizing.... People think there is something wrong with me and don't realize it was a label just stuck on people."
-PFC Eva Washington*, October 2013
"I have practiced law in Texas for 31 years now, and I've appeared in different state and federal courts in a variety of administrative settings and this is the only time that I've been before a discharge review board. It was a horrific experience ... I found myself being cut off and my client being screamed at which was unlike any experience I have ever had before. My client was just completely re-victimized. They didn't really care what we had to say. We got a decision a few months later that was erroneous in a number of different respects ... and it was a 5-nothing decision not to upgrade."
-JoAnn Merica, attorney for a veteran who was discharged for misconduct after reporting sexual harassment, March 2016
"As I look back on the incident I have at times cursed myself for speaking up and reporting what happened but ... I thought I was doing the right thing ... I cannot even begin to express how this entire ordeal has affected my life; it won't go away and I still struggle with self-esteem and trust and the entire myriad of symptoms victims of sexual assault suffer ... the Navy discarded me like a piece of scrap iron or less; truthfully, this ordeal continues to haunt me ... I am a broken man."
-SA Ken Nelson,* October 2012
Human Rights Watch is one of the world's leading independent organizations dedicated to defending and protecting human rights. By focusing international attention where human rights are violated, we give voice to the oppressed and hold oppressors accountable for their crimes. Our rigorous, objective investigations and strategic, targeted advocacy build intense pressure for action and raise the cost of human rights abuse. For 30 years, Human Rights Watch has worked tenaciously to lay the legal and moral groundwork for deep-rooted change and has fought to bring greater justice and security to people around the world.
LATEST NEWS
Trump Tariffs Bound for Supreme Court After Another Legal Loss
If the president's policies are struck down, the administration may have to repay billions of dollars in duties, which customs and trade experts warn "would be a logistical nightmare."
Aug 29, 2025
As working-class Americans endure the pain from US President Donald Trump's tariff war, the Republican signaled that he plans to keep fighting for the levies after a loss at the US Court of Appeals for the Federal Circuit.
Trump is the first president to impose tariffs by citing the International Emergency Economic Powers Act (IEEPA) of 1977. In a 7-4 ruling, the appellate court's majority found that most of his tariffs are illegal.
The court said that "tariffs are a core congressional power" and "we discern no clear congressional authorization by IEEPA for tariffs of the magnitude of the reciprocal tariffs and trafficking tariffs."
The decision affirms a May ruling from the US Court of International Trade, which also found that Trump exceeded his authority.
Friday's ruling is paused until October 14, to give the White House time to appeal to the nation's highest court. Trump suggested he would do so in a post on his Truth Social platform, writing:
ALL TARIFFS ARE STILL IN EFFECT! Today a Highly Partisan Appeals Court incorrectly said that our Tariffs should be removed, but they know the United States of America will win in the end. If these Tariffs ever went away, it would be a total disaster for the Country. It would make us financially weak, and we have to be strong. The U.S.A. will no longer tolerate enormous Trade Deficits and unfair Tariffs and Non Tariff Trade Barriers imposed by other Countries, friend or foe, that undermine our Manufacturers, Farmers, and everyone else. If allowed to stand, this Decision would literally destroy the United States of America. At the start of this Labor Day weekend, we should all remember that TARIFFS are the best tool to help our Workers, and support Companies that produce great MADE IN AMERICA products. For many years, Tariffs were allowed to be used against us by our uncaring and unwise Politicians. Now, with the help of the United States Supreme Court, we will use them to the benefit of our Nation, and Make America Rich, Strong, and Powerful Again! Thank you for your attention to this matter.
Politico noted that the Friday decision opens the door "for the administration to potentially have to repay billions worth of duties," and pointed to recent warnings from customs and trade experts "that repayments would be a logistical nightmare, and would likely trigger a wave of legal challenges from other businesses and industry groups seeking reimbursement."
Trump's latest legal loss on the tariff front follows various analyses and polling that show the harm his policies are causing. One Accountable.US report from this month highlights comments from grocery executives about passing costs on to consumers, and a recent survey found that 90% of Americans consider the price of groceries a source of stress.
Democrats on the Joint Economic Committee also released a related report earlier this month. As JEC Ranking Member Maggie Hassan (D-N.H.) said at the time, "While President Trump promised that he would expand our manufacturing sector, this report shows that, instead, the chaos and uncertainty created by his tariffs has placed a burden on American manufacturers that could weigh our country down for years to come."
Another mid-August analysis from the Century Foundation and Groundwork Collaborative details the surging cost of school supplies as American families prepared for the 2025-26 academic year. TCF senior fellow Rachel West said that "from his reckless tariffs to his budget law slashing food assistance and federal student loans, Trump's back-to-school message to America's families is crystal clear: Don't expect help, just expect less."
Keep ReadingShow Less
US 'Denying and Revoking' Visas of Palestinian Officials Ahead of UN General Assembly
The Palestinian presidency said the decision—which comes as more and more nations formally recognize Palestine's statehood—"stands in clear contradiction to international law and the UN Headquarters Agreement."
Aug 29, 2025
The Trump administration said Friday that Secretary of State Marco Rubio "is denying and revoking visas from members of the Palestine Liberation Organization and the Palestinian Authority" ahead of next month's United Nations General Assembly in New York.
The US State Department said Friday that "the Trump administration has been clear: It is in our national security interests to hold the PLO and PA accountable for not complying with their commitments, and for undermining the prospects for peace."
"Before the PLO and PA can be considered partners for peace, they must consistently repudiate terrorism—including the October 7 massacre—and end incitement to terrorism in education, as required by US law and as promised by the PLO," the statement continues.
No US administration in modern times has ever demanded that Israel repudiate its generations-long illegal occupation and settler colonization of Palestine, its ongoing genocide in Gaza, or any other violation of international law or human rights.
"The PA must also end its attempts to bypass negotiations through international lawfare campaigns, including appeals to the [International Criminal Court] and [International Court of Justice], and efforts to secure the unilateral recognition of a conjectural Palestinian state," the State Department added. "Both steps materially contributed to Hamas' refusal to release its hostages, and to the breakdown of the Gaza ceasefire talks."
The ICC last year issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant for alleged war crimes and crimes against humanity in Gaza, including murder and the forced starvation of Palestinians that is driving a famine that has killed at least hundreds of Palestinians and is starving hundreds of thousands more. The ICJ is currently weighing a genocide case against Israel filed by South Africa—not the PA.
As for ceasefire talks, Matthew Miller, who served as a State Department spokesperson during the Biden administration, recently admitted that Israel habitually torpedoed ceasefire agreements each time they were nearing a conclusion in what he called a sustained effort to "try and sabotage" a deal. Miller repeatedly stood at his podium and told reporters that Hamas was to blame for thwarting a truce.
Miller added that Netanyahu openly admitted to US officials that he wanted to continue the Gaza war for "decades."
It is not clear which Palestinian officials will have their visas denied or revoked. The office of Palestinian Authority President Mahmoud Abbas said in a statement responding to the US announcement that "this decision stands in clear contradiction to international law and the UN Headquarters Agreement—which effectively shields UN member-state officials from US immigration policies—particularly since the state of Palestine is an observer member of the United Nations."
This isn't the first time the US has blocked Palestinian officials from attending a General Assembly. In 1998, the Regan administration denied then-PLO Chair Yasser Arafat a visa and the General Assembly was convened in Geneva instead of New York. There have already been numerous calls to relocate this year's General Assembly to the Swiss city following the US move.
The US announcement comes as more and more countries formally recognize Palestinian statehood or move to do so amid Israel's genocidal assault, siege, and famine in Gaza, which, combined, have left more than 230,000 Palestinians dead, maimed, or missing and the strip in ruins.
Approximately 150 of the UN's 193 member states have officially recognized Palestine. Since October 2023, countries including Australia, Belgium, Canada, France, Malta, Portugal, Slovenia, the United Kingdom, Ireland, Norway, and Spain have either recognized Palestine or announced their intent to do so.
Keep ReadingShow Less
As Abbott Signs Texas Map Rigged for Trump, Missouri GOP Aims to Follow Suit
One critic said Texas Republicans' "reckless, partisan power grab will harm our democracy for years to come."
Aug 29, 2025
Democracy defenders on Friday blasted elected Texas Republicans, including Gov. Greg Abbott, after he signed a new congressional map gerrymandered for the GOP at the request of US President Donald Trump—and Missouri Gov. Mike Kehoe, for launching a copycat effort.
"Gov. Abbott would rather do Trump's dirty work than help the people of Texas," said Brett Edkins, managing director of policy and political affairs at the progressive advocacy group Stand Up America, in a statement.
"For months, he has ignored the real issues affecting Texans, including flood relief, and instead pandered to Trump's demand that he redraw Texas' political maps to rig the 2026 elections and silence communities of color," he continued. "Texas Republicans have started a nationwide redistricting arms race with no end in sight. Their reckless, partisan power grab will harm our democracy for years to come."
Abbott and state lawmakers have been open about aiming to help the GOP retain control of Congress during next year's midterm elections by passing their so-called "One Big Beautiful Map." The governor—who called two special legislative sessions to force through the bill—posted a video of himself signing it on social media and declared that "Texas will be more RED in Congress."
During the first legislative session, dozens of Democrats in the Texas House fled to blue states in a bid to block the map, but they ultimately returned to Austin. After GOP legislators passed the bill, the NAACP and the Lawyers Committee for Civil Rights Under Law filed a lawsuit over the map.
After the governor signed the bill on Friday, Texas Democratic Party Chair Kendall Scudder said in a statement that "with a stroke of the pen, Greg Abbott and the Republicans have effectively surrendered Texas to Washington, DC."
"They love to boast about how 'Texas Tough' they are, but when Donald Trump made one call, they bent over backwards to prioritize his politics over Texans. Honestly, it's pathetic," he said. "I am proud of the Texas Democrats in the House and Senate who chose to fight, whether by a constitutionally protected quorum break, questioning these mapmakers, trying to pass amendments, or even attempting to filibuster."
"This isn't over—we'll see these clowns in court," he pledged. "We aren't done fighting against these racially discriminatory maps, and fully expect the letter of the law to prevail over these sycophantic Republican politicians who think the rules don't apply to them."
The contested map makes five Texas districts for the US House of Representatives that are currently held by Democrats more favorable to Republicans.
While elected Democrats in states such as California have threatened to fight fire with fire and draw Republican congressional districts out of existence, GOP governors—under pressure from the president—have also moved to follow Texas' lead. For example, Missouri Gov. Mike Kehoe on Friday announced a special legislative session to pass his proposed "Missouri First Map."
Responding in a statement, Democratic National Committee (DNC) Chair Ken Martin said that "another Republican governor just caved to the demands of Donald Trump at the expense of Missouri families and American democracy. Time and time again, Missouri Gov. Mike Kehoe has undermined the voice of Missouri voters."
"Now he is attempting to dilute their power altogether by removing the ability of Missourians to stand up against this power grab," Martin continued. "Make no mistake: This all started because Trump and Republicans passed a historically unpopular budget bill that wrecks the working class to reward billionaires. Now, instead of facing the consequences of their votes, Republicans think they can just choose their voters—that's not how this works."
"As California has shown, Democrats are rising up to protect voters' sacred rights, and we're not pulling our punches," he added. "The DNC will stand with Democrats protecting the rights of all Americans as Donald Trump and spineless Republicans try to rig the game against the will of the people."
John Bisognano, president of the National Democratic Redistricting Committee, said that "over the past month, Missourians of all stripes, from proud union members to business leaders, have expressed their opposition to a mid-decade gerrymander, yet Missouri Republicans are choosing to take orders from Washington instead of their constituents."
"Republicans enacted the current congressional map in response to public pressure from Missouri voters," he said. "Their sudden reversal shows that their pursuit of a mid-decade gerrymander is nothing more than a power grab at the expense of the people. Heading into this special session, Missouri Republicans have a choice: They can listen to Missourians, who oppose a mid-decade gerrymander, or they can fold to Donald Trump's demands and face the same level of fierce resistance displayed in Texas."
Keep ReadingShow Less
Most Popular