Interpersonal Violence Associated with the Military
Facts and Findings:

The Estimates

Recent estimates suggest that domestic violence in the military rose from 18.6 per 1000 in 1990 to 25.6 per 1000 in 1996. On average each fiscal year from 1990 to 1996, 23.2 per 1000 spouses of military personnel experienced a violent victimization. - - FY90-96, Spouse & Child Maltreatment, Department of Defense

~In FY 2001, 18,000 reported cases of spouse abuse occured involving military personnel. Eleven thousand were substantiated, rate of substantiated aggression of 16.5 per 1000.-Symposium on DV Prevention Research, 2002

~The demographic characteristics of victims indicates that the victim is predominantly female, civilian spouse of active duty personnel who are, on average slightly less than 25 years old. The spouse abuse victims have children (78%) and more than half have been married for two years of less. Fifty-two percent of the victims live off the installation.-Abuse Victims Study, DoD, 1994 and Final Report on Spouse Abuse, Caliber Associates, 1996

~The predominant type of substantiated spouse abuse is physical abuse. Eighty-five percent of the abuse is physical abuse.-Final Report on Spouse Abuse, Caliber Associates, 1996;

~Of the substantiated cases in 2001, 57% involved mild abuse; 36%, moderate; and 7%, severe.-Symposium on DV Prevention Research, 2002

~Thirty-three percent of the substantiated offenders are involved in mutual abuse.-Final Report on Spouse Abuse, Caliber Associates, 1996

~Offenders are somewhat less likely to be promoted and somewhat more likely to be separated from the Service. The fear of negative consequences is probably out of proportion to the true impact.-Abuse Victims Study, DoD, 1994

~Seventy-five to eighty-four percent of alleged offenders are honorably discharged.-Abuse Victims Study, DoD, 1994

~Although data are hard to obtain, it is apparent that relatively few military personnel are prosecute or administratively sanctioned on charges stemming from domestic violence.-Initial Report of the Defense Task Force on Domestic Violence, 2001

~Less than seven percent of spouse abuse cases are adjudicated by court-marital.-Symposium on DV Prevention Research, 2002

~Rates of marital aggression are considerably higher than civilian rates, double, three to five times.-The War At Home, 60 Minutes, January 17, 1999; Heyman and Neidig. (1999). A comparison of spousal agression prevalence rates in U.S. Army and civilian representative samples. Journal of Consulting and Clinicial Psychology, 67 (2, 239-242; Gelles, Sixty Minutes Battered the Truth, OpEd, Washington Times, 1999; Rosen, Brennan, Martin, and Knudson. (August 2002). Intimate Partner Violence and US Army Soldiers in Alaska, Military Medicine; The War At Home, 60 Minutes, September 1, 2002.

~Domestic violence homicides in the military community include:

~Navy or Marine Corps: 12 in FY 99; 54 since FY 95

~Army: 32 in FY 99; 131 since FY 95

~Air Force: 4 in FY 99; 32 since FY95-Initial Report of the Defense Task Force on Domestic Violence, DoD, 2001

Recent estimates suggest that sexual assault in the military is experienced by nine to four percent of female servicemembers, depending upon the service branch. An earlier study conducted by the Defense Manpower Center indicated that 5 percent of female respondents and 1 percent of male respondents were victims of actual or attempted rape.-Department of Defense Sexual Harassment Survey, 1995

~Eight percent of female Persian Gulf War veterans in a survey reported being sexually abused during Desert Shield and Desert Storm.

~Thirty percent of female veterans in a recent survey reported rape or attempted rape during active duty.

~Thirty-seven percent of women who reported a rape or attempted rape had been raped more than once; fourteen percent of the victims reported having been gang raped.

~The number of cases treated at Veteran's Administration Sexual Trauma Centers include over 22,000 male victims and over 19,000 female victims of sexual trauma.-Veterans' Millennium Health Care Act, Preliminary Findings

~Three fourths of the female veterans who were raped did not report the incident to a ranking officer. One third didn't know how to; and one fifith believed that rape was to be expected in the military. Women who served in Gulf War I were the only group that did not consider rape to be an expected part of military life.

Frequently Asked Questions: Intimate Partner Violence and Military Communities

What is a military protective order?

A military protective order (MPO) is issued by the command of a suspected abuser. A MPO may be verbal or written. A MPO may direct servicemembers to stay away from victims or designated places; refrain from doing certain things; require the servicemember to move into government quarters; and provide support for family members.

What is a disbarment order?

Disbarment orders govern the conduct of suspected civilian abusers. The order denies the civilian access to the military installation.

Who is responsible for the enforcement of a MPO or disbarment order?

Enforcement of such orders is the responsibility of the command issuing the order. Apprehension and arrest are not mandated for military police or command. Local law enforcement may facilitate enforcement by responding to an incident and taking custody of the servicemember under a Memorandum of Understanding/Agreement. Local law enforcement does not have the authority to arrest a servicemember for violation of a MPO.

Are Civilian Protection Orders (CPOs) enforceable on military installations?

The Armed Forces Domestic Security Act (P.L. 107-311) requires the enforcement of CPOs on military installations. The protocols have not been developed and implemented by the Secretary of Defense to date.

What is the Soldiers and Sailors Civil Relief Act (SSCRA)?

SSCRA provides that servicemembers involved in civil litigation can request a delay in proceedings if they can show their military responsibilities preclude proper representation in court. SSCRA may be invoked due to extended training, deployments, duty stations in other states, or duty overseas. SSCRA applies to civil court actions, including bankruptcy, foreclosure, eviction, divorce and civil proection orders. Certain provisions of SSCRA apply to family members including eviction and foreclosure protections.

Do the firearms restrictions concerning respondents subject to CPOs apply to military personnel?

The official use exemption for law enforcement and military personnel permit a servicemember to possess firearms and ammunition as required by the terms of service or employment. The exemption does not apply to personal firearms used outside the scope of employment.

Do the provisions concerning persons convicted of misdemeanor domestic violence apply to military personnel?

The Domestic Violence Offender Gun Ban, AKA Lautenberg Amendment, is applicable to military personnel upon conviction of a misdemeanor crime of domestic violence. The Interim Policy of the Department of Defense does not automatically disqualify or separate military personnel from service.

Publications

Prevalence:

The War At Home: A Comparative Analysis of Domestic Violence Among Military and Civilian Communities (1998/1999)

Violence Against Women Act of 1999 (1998/1999)

Violence Against Women Associated with the Military: Facts and Findings (1999)

Violence Against Women Associated with the Military (2000)

Policy:

Confidentiality of Communications for Victims of Violence Associated with the Military (1998/1999)

Victim's Rights, Benefits and Transitional Compensation with the Military Community (1998/1999/2000)

Improving the US Armed Forces Response to Violence Against Women: Recommendations for Change (1999)

Domestic Violence Offender Gun Ban and the US Armed Forces (1997/1998)

Practices:

A Considerable Service: An Advocate's Introduction to Domestic Violence and the Military, Domestic Violence Report (April/May 2001)

Frequently Asked Questions: Domestic Violence and the Military (2001/2002)