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Seeking Justice for Survivors of Sexual Assault in the Military, Balderson Introduces Bipartisan Legislation in Honor of Vanessa Guillén

Washington, September 16, 2020
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WASHINGTON – Congressman Troy Balderson (R-OH) today joined Congresswoman Jackie Speier (D-CA), Congressman Markwayne Mullin (R-OK), and a bipartisan group of more than 100 lawmakers in introducing the I am Vanessa Guillén Act in honor of the late SPC Vanessa Guillén and the many survivors of military sexual violence who have bravely come forward in the wake of her disappearance and brutal murder. The bipartisan legislation responds to resounding calls for change by offering provisions that would revolutionize the military’s response to missing servicemembers and reports of sexual harassment and sexual assault.

“Ohio is home to thousands of active duty servicemembers who risk their lives for our nation, and in return, it’s our country’s obligation to ensure their safety,” said Balderson. “In honor of Vanessa Guillén, this legislation will take important steps to ensure survivors of sexual assault and sexual harassment in our military can tell their stories without retribution and seek the justice they deserve.”

Balderson today met with the Guillén family to discuss the eponymous legislation and joined the family in a Capitol Hill press conference to share Vanessa’s story and honor her legacy with the introduction of this legislation.

The I Am Vanessa Guillén Act would fundamentally reform reporting and investigation of sexual harassment in the military and transform prosecution of sexual harassment and assault by empowering an independent prosecutor within each military branch to bring charges. The bill would also allow servicemembers who were sexually harassed or sexually assaulted to pursue monetary claims against the U.S. Department of Defense (DoD). It would further require a comprehensive Government Accountability Office (GAO) review of the military’s sexual harassment and assault prevention and response programs, as well as the military’s procedures for responding to missing servicemembers.

Specifically, the I Am Vanessa Guillén Act would:

  • Move prosecution decisions on sexual assault and sexual harassment cases outside of the chain of command to an Office of the Chief Prosecutor within each military service;
  • Create a standalone military offense for sexual harassment;
  • Establish trained sexual harassment investigators who are outside of the chain of command of the complainant and the accused;
  • Create a confidential reporting process for sexual harassment that is integrated with DoD’s Catch a Serial Offender database;
  • Require GAO to investigate the military’s procedures for finding missing servicemembers and compare with procedures used by civilian law enforcement and best practices;
  • Require both DoD and GAO to conduct separate evaluations of the military services’ Sexual Harassment/Assault Response and Prevention (SHARP) programs; and
  • Establish a process by which servicemembers can make claims for negligence and seek compensatory damages against DoD in the case of sexual assault or sexual harassment.

Senator Mazie K. Hirono (D-HI) introduced companion legislation in the U.S. Senate today. The bill awaits consideration in both chambers of Congress.

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