Lit 9, Hillman, Sexual Violence in the US Military Flashcards
What is the main argument of the article “Front and Center: Sexual Violence in U.S. Military Law”? Hillman
The article argues that military sexual violence is so deeply ingrained in U.S. military legal precedent that it has shaped the substance of military law and reinforced harmful gender stereotypes, hindering efforts to eradicate the problem.
What is the prevalence of military-on-military sexual assault according to the article? Hillman
The article highlights the pervasiveness of military-on-military sexual assault, stating that it remains a significant threat to the well-being of U.S. service members despite various reforms.
What types of sexual violence are discussed in the hillman article?
The article examines a range of violent crimes, including rape, sexual assault, and intrafamily crime (domestic violence), as they raise similar issues of accountability, gender relations, and sexual conduct within the military context.
What are some of the challenges in collecting data on military sexual violence? Hillman
Service members are often reluctant to report sexual violence due to:
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fears of being perceived as weak
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potential damage to the reputation of the armed forces
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concerns about loyalty and reprisal.
What are some key examples of military sexual violence scandals mentioned in the hillman article?
○The Tailhook scandal of 1991, involving widespread sexual misconduct by naval aviators.
○The Aberdeen Proving Ground scandal of 1996, with multiple drill sergeants accused of sexual misconduct against female enlistees.
○The Air Force Academy scandal, spanning several years, with numerous reports of cadet-on-cadet sexual assault and a culture of underreporting.
What have been the U.S. military’s responses to sexual violence? HIllman
The U.S. military has implemented various responses, including:
○criminal investigation and prosecution
○policy changes addressing sexual harassment and fraternization
○mandatory training for service members and commanders
○efforts to protect victims and provide support services.
How has military criminal law evolved concerning sexual violence? Hillman
Notable changes include:
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Recognition of constructive force in rape cases, broadening the scope of prosecutable offences.
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Revision of Article 120 of the Uniform Code of Military Justice (UCMJ) to make it gender-neutral and remove the spousal exception.
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Implementation of a new Article 120 in 2007, specifying various sex-related crimes and enhancing the legal framework for addressing sexual violence.
Why does the author argue that legal reform has been largely ineffective in reducing military sexual violence? Hillman
Hillman contends that sexual violence is deeply embedded in military legal precedent, shaping the very structure of military justice. This has led to the reinforcement of harmful gender stereotypes and a culture that normalises sexual violence.
How has sexual violence influenced military legal precedent? Hillman
Many landmark opinions in military justice involve crimes of sexual violence. These cases have:
○shaped the understanding of jurisdiction in military law.
○established precedents related to personal and subject-matter jurisdiction, often in the context of rape and domestic violence.
What are the collateral consequences of the prominence of sexual violence in military legal precedent? Hillman
The author argues that the frequent use of sexual violence cases as legal precedents has:
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perpetuated an expectation of female vulnerability and male dominance within the military justice system.
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influenced the standards of accountability, often leading to the punishment of lower-ranking individuals while those in higher positions escape responsibility.
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sustained racial biases in the prosecution of sexual violence, contributing to the perception of African American men as more likely to be punished for these crimes.
