The U.S.’s wars and occupations in Iraq and Afghanistan have left behind a legacy of gender-based violence. During the wars, it has now been established that senior administration officials authorized the use of torture and other cruel, inhuman and degrading treatment, including sexual violence and psychological abuse which was in fact inflicted upon scores of people in Iraq and Afghanistan. Sexual and gender-based violence has also been internalized, as evidenced by the documentation of alarming rates of sexual assaults of U.S. servicemembers by other servicemembers, enabled by Department of Defense policies and practices that foster a climate in which these acts can be committed with virtual impunity.
The use of sexual violence in armed conflict — both as a strategy of war and conquest and as a by-product of militarized aggression – has been well-documented. Researchers have found that the U.S. military’s hyper-masculine environment promotes rigid gender roles, conflates male homosexuality and femininity with weakness and, like other institutions that sustain hyper-masculine values, displays higher rates of sexual harassment and assault. San Francisco State University political science professor Aaron Belkin notes that “a rape culture” exists in the military, which he describes as,
…an organization that is very masculinist and that places a lot of value on dominance and power and subordination. You also have a system that’s trying to train people to overcome inhibitions against violence. So, to produce a warrior we have to train people how to become violent. In the training scenario you create a…dynamic where commanders have almost unlimited authority over people they are in charge of. When you put these three factors together, you have a recipe for rape.
The military further enables a culture of sexual violence through the number of offenders who make up its ranks and the resulting normalization of violent behavior. For example, studies of Navy recruits found higher rates of men who had perpetrated sexual assaults prior to joining the military than a similar sample of men attending college.
Racialized and Sexualized Violence Against Detainees and Civilians
in Iraq and Afghanistan
In April 2004, the Abu Ghraib detainee abuse scandal came to light, and images of detainees placed in humiliating poses, naked, taunted by male and female American soldiers were broadcast around the world. While senior U.S. officials attempted to blame these acts on a few “bad apples,” a number of government investigations found that the violence was a product of structural or command failures or decisions made at higher levels. Though responsibility for the abuses can be found at the highest levels of the U.S. government and with private military contractors, there have been no criminal investigations or prosecutions of senior U.S. government officials or contractors for their role in developing policies and allowing or encouraging racist and dehumanizing practices that led to the abuse.
U.S. military personnel and government contractors subjected detainees, men and women alike, to sexual violence. With the express purpose of humiliating detainees to elicit intelligence, those working at the Abu Ghraib prison on behalf of the U.S. government forced detainees to wear women’s underwear, simulate sex, masturbate or have oral sex with other detainees, and even sodomized detainees. In a military investigation into the abuses, Major General Antonio Taguba found photographs and videos of naked female detainees and of a U.S. military officer “having sex” with a female Iraqi detainee. One female prisoner of Abu Ghraib reported that her cellmate, who had been unconscious for two days, told her that she had been raped over 17 times by U.S. forces.
The Abu Ghraib scandal was illustrative of a larger problem of racialized and sexualized violence in U.S.-operated prisons. An attorney representing female detainees in Abu Ghraib explained that such abuse by U.S. guards was “happening [in detention centers] all across Iraq.” In 2005, the Iraqi National Association for Human Rights issued a report outlining the abuse of female detainees in various detention centers in Iraq and documenting “systematic rape by the investigators.” In some instances, U.S. forces brought wives and daughters to prisons and threatened to rape them unless their male relatives confessed. In Al-Mosul, Iraq, U.S. forces arrested the female relatives of Iraqi fighters so that the men would surrender.
While in detention, women continued to suffer from physical and psychological abuse, and were subjected to inhumane living conditions. In 2005, U.K. Member of Parliament Ann Clwyd verified a report that U.S. soldiers tortured an elderly Iraqi woman by attaching a harness to her and riding her like a donkey. In the Al-Babel prison, girls were held with the adult population rendering them vulnerable to sexual assault and rape. In a letter smuggled out of the prison in 2003, one female detainee of Abu Ghraib described how American guards had raped (in some cases impregnating) the female detainees held at the prison and forced them to strip naked in front of men.
Similarly, the United Nations Assistance Mission to Afghanistan documented detainee torture and abuse in 2011 that included beatings, threats of sexual assault, twisting and wrenching of genitals and the application of electric shock, causing the International Security Assistance Force (ISAF) to temporarily suspend the transfer of prisoners in eight provinces. There is a dearth of data or information on the U.S. detention of women in Afghanistan, a lack of transparency that likely further enables human rights violations completely hidden from public scrutiny or judicial bodies.
With regard to sexual violence committed outside of the detention context, while the exact number may never be known, there have been a number of reports of rape and sexual abuse of civilians at the hands of U.S. military personnel in Iraq and Afghanistan. In March 2006, for instance, five American soldiers were involved in the rape and murder of a young Iraqi girl, Abeer Qassim al-Janabi. The soldiers burned Abeer’s body and murdered her father, mother and sister. On March 11, 2012, Robert Bales, and possibly other U.S. soldiers, killed 16 Afghan villagers. The Afghan parliamentary mission that investigated the massacre found that two of the women killed had been raped before their death.
Military Sexual Trauma and Gender-based Violence
Against U.S. Servicemembers
There has been growing awareness in the last few years about the alarming rates of military sexual trauma (MST) and gender-based violence within the military. The Department of Defense itself recorded 3,192 reports of sexual assault in 2011, a number that increased by 6% to 3,374 in 2012. The DOD estimates, however, that only 11% of sexual assaults in 2012 were actually reported. Based on the results of the military’s 2012 Workplace and Gender Relations Survey of Active Duty Members, where service-members self-report sexual assaults, officials estimate that the number of sexual assaults in the military in 2012 was in fact 26,000. The Veterans Administration (VA) has implemented a national screening program through which all veterans seeking health care are asked whether they have experienced sexual violence by fellow servicemembers. Data from this program shows that 1 in 5 women and 1 in 100 men respond “yes.” However, the VA cautions that the “data speak only to the rate of [military sexual trauma] among Veterans who have chosen to seek VA healthcare,” suggesting that the number of servicemembers who have experienced sexual violence in the military is even higher. Different military reports have concluded that 55-78% of women and 38% of men have been sexually harassed. Research studies conclude that one in three servicewomen has been sexually assaulted, compared to one in six civilian women.
The DOD acknowledges that 89% of sexual assault survivors do not report these crimes. As the DOD’s 2012 survey of active duty servicemembers revealed, 25% of women and 27% of men indicated the offender was someone in their chain of command. The results of a 2003 survey supports this finding, determining that 24.7% of respondents who did not report rape would have had to report to the rapist and 33.4% would have had to report to a friend of the rapist. The survey also demonstrated a correlation between experiencing sexual violence within the military and being discharged at a younger age or voluntarily leaving military careers earlier than expected, showing that survivors must often choose between “continuing their military employment at the expense of frequent contact with their perpetrators, or ending their careers in order to protect themselves.”
Illustration: Nave Fortin & Siri Margerin / Justseeds Artists’ Cooperative
Military investigations of sexual violence against servicemembers are reportedly often cursory and not taken seriously, resulting in few convictions. In 2012, according to DOD statistics, of the 3,374 reported cases of sexual assault, only 1,714 of the reports of sexual assault were determined to be able to be pursued for disciplinary action following investigation, an 11% increase from 2011, but still 11% fewer than the number pursued in 2010. Less than 9% of the total 3,374 cases went to trial, and only 238 accused, or 7%, were convicted, of which only 176 were jailed while 133 were discharged. Fifteen percent of the people whose cases were completed in 2012 were permitted to resign or were discharged in lieu of being court-martialed. It is more likely that convictions result in reductions in rank than confinement and fines are more common than discharges; the percent of people convicted of sexual assault who received each of these four punishments decreased from 2011 to 2012. Until the FY13 National Defense Authorization Act changed the policy to require administrative separation processing for all servicemembers convicted of sexual assault, one in three people convicted of sexual assault remained in the military, as the Navy was the only military branch to mandate discharge or administrative separation processing of servicemembers convicted of these crimes.
Attempts at accountability in the U.S. court system as opposed to the military justice system have been equally unsuccessful. In 2011, Cioca et al. v. Rumsfeld et al., a case challenging the military’s creation of an atmosphere that led to epidemic levels of sexual assault, was filed on behalf of 28 servicemember plaintiffs who had survived harassment and assault. The government argued that the case should be dismissed pursuant to a doctrine that immunizes against harm to servicemembers that is incident to their service. In this case, the government argued that the sexual assaults the plaintiffs experienced arose out of their service in the armed forces and therefore should not be subject to the court’s jurisdiction. The court granted the government’s request to dismiss the case, a decision that is currently on appeal.
Effects on and Risks to Specific Populations
Studies demonstrate that assault often happens down the chain of command and enlisted servicemembers are more likely to be sexually harassed or assaulted than officers. Demographic factors, such as “[l]ow sociocultural power (i.e., lower age, less education, non-White, and single marital status) and low organizational power (i.e., lower pay grade and fewer years of active-duty service),” work to place some servicemembers at a higher risk for sexual assault.
Studies have also found, predictably, that sexual violence within the military often leads to disruptive psychological after-effects including post-traumatic stress disorder, anxiety disorders, depression, increased suicide risk, feelings of numbness, trouble with sleeping, concentration and memory, irritability and anger. Physiological effects range from chronic pain and problems with weight, eating and gastrointestinal functions to sexual difficulties. Survivors enduring these after-effects are more likely to feel unsafe or on edge; to experience difficulty connecting with or trusting people; to enter or stay in abusive relationships; to encounter difficulties in relationships, marriages, and parenting; and to overuse alcohol and drugs.
Survivors of sexual violence within the military display high rates of PTSD, with one study showing that women who experienced sexual violence by servicemembers were nine times more likely to develop PTSD than women with no sexual assault histories, and other studies demonstrating that exposure to sexual assault in the military can be a greater risk factor for developing PTSD than combat exposure. A study of female veterans found that 60% of those who had experienced military sexual trauma suffered from PTSD, a rate that was 40% higher than those who had experienced other forms of trauma. Another study that focused on male and female veterans from U.S. operations in Afghanistan and Iraq, specifically, found PTSD in 52.5% of male subjects and 51.1% of female subjects who screened positive for MST., The study concluded that “women and men who reported a history of military sexual trauma were significantly more likely than those who did not to receive a mental health diagnosis, including posttraumatic stress disorder (PTSD), other anxiety disorders, depression, and substance use disorders.”
Women. The Department of Veterans Affairs’ screening program has identified MST in 20% of female veterans of Iraq and Afghanistan, though different studies have shown rates among all female veterans as high as 48% for sexual assault and, for veterans under the age of 50, as high as 90% for sexual harassment. U.S. Congress member and House Armed Services Committee member Niki Tsongas relates that a female soldier told her, “Ma’am, I am more afraid of my own soldiers than I am of the enemy.” In addition to a higher incidence of PTSD, studies also show that women who have experienced sexual violence by servicemembers are three times more likely to experience depression. Women also encounter additional barriers to obtaining care in response to sexual violence within the military. A recent study concluded that “the VA granted disability benefit claims for PTSD related to MST at a significantly lower rate than claims for PTSD unrelated to MST every year from 2008 to 2012”; thus, “[b]ecause female veterans’ PTSD claims are more often based on MST-related PTSD than male veterans’ PTSD claims, female veterans overall are disparately impacted by the lower grant rates for MST-related PTSD.”
Men. Although prevalence rates of military sexual violence are higher among female veterans compared to male veterans, given that men vastly outnumber women in the military, the number of men suffering from military sexual trauma is about equal to that of women. In a 2003 study, VA universal screening identified 31,797 cases of men’s military sexual violence and in 2005, 6,227 additional cases were identified. Male survivors of sexual violence tend to exhibit more persistent and treatment-resilient psychological trauma symptoms, especially in areas of sexual functioning, as compared to female survivors. Factors such as the emphasized need for cohesion in military units, the threat of ridicule by attackers and other military colleagues of the survivor, potential promulgation of accusations that the survivor is gay and cultural stereotypes that promote stoicism, denial of pain and emotional control discourage men from reporting sexual violence committed against them. Those male veteran survivors of MST who file PTSD claims “face particularly low grant rates when compared to female veterans who file MST-related PTSD claims.”
Sexual and Gender Minorities. Servicemembers who are sexual or gender minorities, including those who identify as lesbian, gay, bisexual, transgender and intersex (“LGBTI”), face additional risks on account of pervasive discrimination against them in the military. Many gay and lesbian survivors are targeted because of their sexual orientation. Although “Don’t Ask Don’t Tell” (DADT) – the military’s policy of discharging LGBTI servicemembers upon disclosure of their sexual orientation or gender identity – has now been repealed, military culture encouraging stigma, prejudice and anti-LGBTI aggression continues to lead to underreporting for fear of stigma and ostracism.
In such a hostile environment, combined with the lack of LGBTI research in the military, figures on LGBTI servicemembers suffering from military sexual trauma are incomplete. Experiences that correlate with sexual assault are common among LGBTI servicemembers; in a 2010 RAND study sponsored by DOD, 91% of respondents were put at risk of blackmail or manipulation, 29% indicated having been teased and mocked and 7% reported threats or injuries by other military members because of their sexual orientation. In another study, 47.2% of respondents indicated that they had suffered at least one instance of verbal, physical or sexual assault related to sexual orientation, with 8% of respondents having experienced sexual assault within the military. These are large numbers given that approximately 65,000 active servicemembers and one million veterans are likely gay or lesbian. Given the low rates of reporting of sexual abuse and the stigma against homosexuality, LGBTI servicemembers are especially less likely to report sexual assault for fear of being outed and subject to harassment; before the repeal of DADT, survivors were also at risk of being discharged for homosexual behavior. The policy had a more severe effect on female and non-white servicemembers, as they were disproportionately discharged under DADT, demonstrating intersectional discrimination.
Trans* servicemembers are at great risk of sexual violence. A survey of trans* servicemembers and veterans revealed that 26% of respondents had experienced physical assault and 16% had been raped. And trans* servicemembers may be at greater risk for suicide than cisgender servicemembers. A recent report of trans* people in the U.S. showed that 64% of trans* individuals who have experienced sexual assault have attempted suicide. Additionally, trans* servicemembers experience particular barriers when accessing health care including stigma, lack of knowledge from care providers, lack of medical discretion and fear of being outed. In a survey of trans* servicemembers and veterans, 10% reported being turned away from the VA due to being trans*. Many also reported experiencing discrimination from VA doctors (22%), non-medical staff (21%) and nurses (13%).
* * *
While there has been increasing awareness of and study of the effects of sexual violence on U.S. servicemembers, the U.S. has failed to acknowledge and fully address the systemic nature of this violence that is fueled by its military culture. The U.S. government and military have failed altogether to begin to fully acknowledge and respond to the full extent of the lasting harm of the sexual violence against civilians in Iraq and Afghanistan, who are undoubtedly suffering in both similar and different ways from post-traumatic stress and other physical and psychological harms.
 See, e.g., Susan Brownmiller, Against Our Will: Men, Women and Rape (1975); Rhonda Copelon, Surfacing Gender: Re-engraving Crimes Against Women in Humanitarian Law, Hasting Women’s Law Journal 5(2):243-66; Ustinia Dolgopol, Rape as a War Crime – Mythology and History in Common Grounds: Violence against Women in War and Armed Conflict Situations (1998).
 See J. Turchik & S. Wilson, Sexual Assault in the US Military: A Review of the Literature and Recommendations for the Future, 15 Aggression and Violent Behavior 267, 271 (2010); Madeline Morris, By Force of Arms: Rape, War, and Military Culture, 45 Duke Law Journal 651-781 (1995), available at http://scholarship.law.duke.edu/faculty_scholarship/81.
 Aaron Belkin, Bring Me Men: Military Masculinity and The Benign Façade of American Empire (2012), quoted in US military scandal: A culture of rape?, Al Jazeera, Aug. 4, 2012, available at http://www.aljazeera.com/programmes/insidestoryamericas/2012/08/201284114116811951.html.
 See Turchik and Wilson, supra note 366, at 270.
 See, e.g., Senate Armed Services Committee Report, supra note 89 at xv. See also Taguba Report, supra note 86, at 20. As three former Lieutenant Colonels put it, the dehumanization of detainees that resulted in acts of torture and cruel, inhuman and degrading treatment is both encouraged by U.S. military culture and derives from “the wish to make one’s core task—the killing of one’s enemies—as easy as possible,” suggesting that crimes such as those that took place at Abu Ghraib could not be anomalies. Lt. Cols. Peter Fromm, Douglas Pryer, and Kevin Cutright, The Myths We Soldiers Tell Ourselves (and the Harm These Myths Do), Military Review, at 58-60 (Sept.-Oct. 2013) available at http://usacac.army.mil/CAC2/MilitaryReview/Archives/English/MilitaryReview_20131031_art010.pdf.
 See, e.g., Center for Constitutional Rights (CCR) and European Center for Constitutional and Human Rights (ECCHR), Amicus Brief in Support of The Association for The Dignity of Male and Female Prisoners of Spain in Their Appeal Pending Before the Spanish Supreme Court, Case No. 134/2009 (Sep. 25, 2009), available at http://ccrjustice.org/files/2012-09-25%20CCR%20ECCHR%20Amicus%20Brief%20to%20Supreme%20Court%20FINAL.pdf.
 See, Taguba Report, supra note 86 at 16-17.
 Id., at 17.
 Id., at 16-17.
 Monitoring Net of Human Rights in Iraq (MHRI), First Periodical Report (Aug. 20 2005), at 15, available at http://www.brusselstribunal.org/pdf/mhri-1-eng.pdf [hereinafter MHRI First Periodical Report].
 Luke Harding, The other prisoners, The Guardian, May 19, 2004, available at http://www.guardian.co.uk/world/2004/may/20/iraq.gender.
 See Anna Badkhen, Rape’s Vast Toll in Iraq War Remains Largely Ignored: Many Rape Victims Have Escaped to Jordan But Still Don’t Have Access to Treatment and Counseling, The Christian Science Monitor, Nov. 4 2008, available at http://www.csmonitor.com/World/Middle-East/2008/1124/p07s01-wome.html?nav=topic-tag_topic_page-storyList.
 See e.g., International Committee of the Red Cross, Report of the International Committee of the Red Cross on the Treatment by the Coalition Forces of Prisoners of War and other Protected Persons by the Geneva Conventions in Iraq During Arrest, Internment and Interrogation (Feb. 2004), at ¶ 36, available at http://cryptome.org/icrc-report.htm#3.%20TREATMENT%20DURING%20INTERROGATION; See also Organization of Women’s Freedom in Iraq, OWFI Summer 2006 Report 11, available at http://www.globalfundforwomen.org/storage/images/stories/3getinvolved/blog/owfi_report.pdf (reporting on the case of Ahmad Ibrahim Mahmoud Al Jibouri of Kirkuk, who was arrested for allegedly trying to shoot down a US helicopter and, while in detention, whose wife and daughter were allegedly raped in front of him in order to elicit his confession).
 MHRI First Periodical Report, supra note 374, at 17.
 Id. at 15-17.
 Harding, supra note 375.
 MHRI First Periodical Report, supra note 374, at 17.
 Harding, supra note 375.
 Human Rights Watch, World Report 2012: Afghanistan, Country Summary, Jan. 2012, available at http://www.hrw.org/sites/default/files/related_material/afghanistan_2012.pdf.pdf.
 Jaqueline Pimpinelli, Is the United States Detaining Women in Afghanistan?, Detained by U.S Project, New York Law School, Jan. 6, 2012, available at http://www.detainedbyus.org/is-the-united-states-detaining-women-in-afghanistan/#_ftn11.
 Iraq rape soldier given life sentence, The Guardian, Nov. 17, 2006, available at http://www.guardian.co.uk/world/2006/nov/17/iraq.usa1.
 See, e.g., Julie Rawe and Bobby Ghosh, A Soldier’s Shame, TIME Magazine, Jul. 9, 2006, available at http://www.time.com/time/magazine/article/0,9171,1211562,00.html. One of the perpetrators, Steven Green is now serving five life terms for his crime. The other soldiers have served/are serving time in military prison for their varying roles in the attack. See also Mail Foreign Service, ‘I Didn’t Think of Iraqis as Humans,’ Says U.S. Soldier Who Raped 14-Year-Old Girl Before Killing Her and Her Family, The Daily Mail, Dec. 21 2010, available at http://www.dailymail.co.uk/news/article-1340207/I-didnt-think-Iraqis-humans-says-U-S-soldier-raped-14-year-old- girl-killing-her-family.html.
 See, e.g., Taimoor Shah, U.S. Sergeant Is Said to Kill 16 Civilians in Afghanistan, New York Times, Mar. 11, 2012, http://www.nytimes.com/2012/03/12/world/asia/afghanistan-civilians-killed-american-soldier-held.html?pagewanted=all; U.S. Pays Afghans $50K Per Shooting Death, Associated Press, Mar. 25, 2012, available at http://www.cbsnews.com/8301-202_162-57404080/u.s-pays-afghans-$50k-per-shooting-death/?tag=contentMain;contentBody.
 Agencies, US Forces Raped Two Afghan Women, The Siasat Daily, Mar. 17, 2012, available at http://www.siasat.com/english/news/us-forces-raped-two-afghan-women; Press TV, US Forces Raped Two Women in Kandahar Carnage: Parliamentary Commission, Countercurrents.org, Mar. 18, 2012, available at http://www.countercurrents.org/ptv180312.htm.
 SAPRO Report 2012, supra note 43, at 57.
 Id. at 18.
 Id. at 12.
 U.S. Department of Veterans Affairs, Military Sexual Trauma: Factsheet, Sept. 2013, available at http://www.mentalhealth.va.gov/docs/mst_general_factsheet.pdf.
 U.S. Department of Veterans Affairs, How Common is PTSD?, Jul. 5, 2007, available at http://www.ptsd.va.gov/public/pages/how-common-is-ptsd.asp; see also Murdoch M., Nichol K., Women Veterans’ Experiences With Domestic Violence and With Sexual Harassment While They Were in the Military, 4 Arch. Fam. Med. 411 (1995); U.S. Department of Veterans Affairs, Military Sexual Trauma: Issues in Caring for Veterans, Jul. 20, 2009, at http://www.ptsd.va.gov/professional/pages/military-sexual-trauma.asp (last visited Apr. 2, 2013).
 U.S. Department of Labor, Women’s Bureau, Trauma-Informed Care for Women Veterans Experiencing Homelessness: A Guide for Service Providers, at 11, available at http://www.dol.gov/wb/trauma/ (last visited Mar. 17, 2013); Suris and Lind, supra note 289, at 252. Suris and Lind note that average rates of sexual assault as high as 43% have been documented among female veterans. Id. at 253.
 See SAPRO Report 2012, supra note 43 at 18.
 See U.S. Department of Defense, 2012 Workplace and Gender and Relations Survey of Active Duty Members (Mar. 2013), at 37-38, available at http://www.sapr.mil/public/docs/research/2012_Workplace_and_Gender_Relations_Survey_of_Active_Duty_Members-Survey_Note_and_Briefing.pdf.
 See Anne G. Sadler et al., Factors Associated with Women’s Risk of Rape in the Military Environment, 43 Am. J. Indus. Med. 262, 267 (2003), available at http://ccasa.org/wp-content/themes/skeleton/documents/Rape-in-the- Military-Environment.pdf.
 Id. at 266.
 Testimony of Rep. John Hall, Chairman, Subcommittee on Disability Assistance and Memorial Affairs, Healing the Wounds: Evaluating Military Sexual Trauma Issues, Joint Hearing Before the Subcommittee on Disability Assistance and Memorial Affairs and the Subcommittee on Health of the Committee on Veterans’ Affairs, U.S. House of Representative, May 2010, available at http://www.gpo.gov/fdsys/pkg/CHRG-111hhrg57023/html/CHRG-111hhrg57023.htm.
 See SAPRO Report 2012, supra note 43, at 57 and 68; U.S. Department of Defense, Department of Defense Annual Report On Sexual Assault in the Military: Fiscal Year 2011, Apr. 2012, at http://www.sapr.mil/index.php/annual-reports [hereinafter SAPRO Report 2011], at 32 and 81. See also Service Women’s Action Network, Briefing Paper: Department Of Defense (DoD) Annual Report On Sexual Assault In The Military, Fiscal Year (FY) 2011, available at http://servicewomen.org/wp-content/uploads/2012/04/SAPRO-briefing-report-4_17_12.pdf; Service Women’s Action Network, Rape, Sexual Assault, and Sexual Harassment in the Military: Quick Facts, Jul. 2012, available at http://servicewomen.org/wp-content/uploads/2012/10/Final-RSASH-10.8.2012.pdf.
 See SAPRO Report 2012, supra note 43, at 73.
 Id. at 73.
 SAPRO Report 2012, supra note 43, at 73; SAPRO Report 2011, supra note 400, at 45.
 SAPRO Report 2012, supra note 43, at 73; SAPRO Report 2011, supra note 400, at 45; Office of the Chief of Naval Operations, Policy 1752.3, May 27, 2009, available at
http://doni.daps.dla.mil/Directives/01000%20Military%20Personnel%20Support/01-700%20Morale,%20Community%20and%20Religious%20Services/1752.3.pdf. See also Service Women’s Action Network, Rape, Sexual Assault and Sexual Harassment in the Military, supra note 400.
 See Cioca v. Rumsfeld, C.A. 1:11-cv-00151, Complaint (E.D. Va.), available at http://burkepllc.com/files/2011/11/FIRST-AMENDED-COMPLAINT.pdf.
 See Cioca v. Rumsfeld, C.A. 1:11-cv-00151, Defendants’ Motion to Dismiss, Sept. 20, 2011 (E.D. Va.).
 See Cioca v. Rumsfeld, C.A. 1:11-cv-00151, Order of Dismissal, Dec. 13, 2011 (E.D. Va.).
 See 2012 Workplace and Gender and Relations Survey of Active Duty Members, supra note 396, at 37-38; Nicole T. Buchanan, Comparing Sexual Harassment Subtypes Among Black and White Women by Military Rank: Double Jeopardy, The Jezebel, and the Cult of True Womanhood, 32 Psychology Of Women Quarterly 347, 347-349 (2008).
 Turchik and Wilson, supra note 366, at 269-70 (citing Harned, M. S. et al., Sexual assault and other types of sexual harassment by workplace personnel: A comparison of antecedents and consequences, Journal Of Occupational Health Psychology 7, 174−188 (2002) (studying sociodemographic variables in relation to sexual victimization in a sample of over 20,000 military women)).
 U.S. Department of Veterans Affairs, Military Sexual Trauma, available at http://www.ptsd.va.gov/public/pages/military-sexual-trauma-general.asp; see also Lisa K. Foster, Scott Vince, California’s Women Veterans: The Challenges and Needs of Those Who Served, California Research Bureau, Aug. 2009, at 35, available at http://www.library.ca.gov/crb/09/09-009.pdf; Military Sexual Trauma: Factsheet, supra note 392.
 See Military Sexual Trauma: Factsheet, supra note 392.
 Id.; see also Foster and Vince, supra note 410, at 35.
 Suris and Lind, supra note 289, at 259; Fontana, A. and Rosenheck, R., Duty-Related and Sexual Stress in the Etiology of PTSD Among Women Veterans Who Seek Treatment, Psychiatric Services (1998); Kang H, Dalager N, Mahan C, Ishii E., The Role of Sexual Assault on the Risk of PTSD Among Gulf War Veterans, Annals of Epidemiology 15(3) 191, 193-94 (2005); C. Goldzweig et al., The State of Women Veterans’ Health Research: Results of a Systematic Literature Review, 21 Journal of General Internal Medicine 82, 88 (2006).
 D. Yaeger, N. Himmelfarb, A. Cammack, J. Mintz, DSM-IV Diagnosed Posttraumatic Stress Disorder in Women Veterans With and Without Military Sexual Trauma, 21 J. Gen. Intern. Med., S65 (2006), available at http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1513167/.
 R. Kimerling, et al, Military-Related Sexual Trauma Among Veterans Health Administration Patients Returning From Afghanistan and Iraq, 100 American Journal of Public Health 1409, 1411 (2010), available at http://ajph.aphapublications.org/doi/full/10.2105/AJPH.2009.171793.
 The U.S. Department of Veterans Affairs defines military sexual trauma (MST) as “psychological trauma, which in the judgment of a [veterans affairs] mental health professional, resulted from a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment which occurred while the Veteran was serving on active duty or active duty for training.” See Military Sexual Trauma: Factsheet, supra note 392.
 Kimerling, see supra note 415, at 1410-11.
 See Women’s Bureau, U.S. Department of Labor, supra note 394, at 11.
 C. Goldzweig et al., supra note 413; Murdoch M. and Nichol, K., Women Veterans’ Experiences with Domestic Violence and With Sexual Harassment While They Were in the Military, 4 Arch. Fam. Med. 411 (1995). See also Suris and Lind, supra note 289, at 254-58 (compiling rates of MST as found by various studies).
 Rep. Niki Tsongas, A Cultural Change is Needed, Huffington Post, Jan. 28, 2013, available at http://www.huffingtonpost.com/rep-niki-tsongas/invisible-war-military-sexual-assault_b_2564501.html.
 Hankin, C.S., et al., Prevalence of Depressive and Alcohol Abuse Symptoms Among Women VA Outpatients Who Report Experiencing Sexual Assault While in the Military, 12 J. Trauma Stress. 601–12 (1999).
 American Civil Liberties Union, Service Women’s Action Network, American Civil Liberties Union of Connecticut, Battle for Benefits: VA Discrimination Against Survivors of Military Sexual Trauma, Nov. 2013, at https://www.aclu.org/womens-rights/battle-benefits-va-discrimination-against-survivors-military-sexual-trauma.
 See Suris and Lind, supra note 289, at 251; Tim Hoyt, Military Sexual Trauma in Men: A Review of Reported Rates, J. of Trauma & Dissociation 244, 244 (2011). Hoyt notes that averaging across studies covering the past 30 years, approximately 0.09% of male servicemembers, with a range of 0.02% to 6%, report military sexual trauma each year. For a comprehensive overview of all major studies that have calculated male military sexual trauma rates, see Table 1 in the aforementioned article, from pages 247-52.
 Hoyt, supra at 423.
 Carol O’Brien, Difficulty Identifying Feelings Predicts the Persistence of Trauma Symptoms in a Sample of Veterans Who Experienced Military Sexual Trauma, 196 J. of Nervous & Mental Disease 252, 252 (2008). Although women demonstrate more PTSD, men’s symptoms of military sexual trauma tend to be more persistent and longer lasting.
 See Hoyt, supra note 423, at 254-255.
 Battle for Benefits, supra note 422.
 See generally Derek J. Burks, Lesbian, Gay, and Bisexual Victimization in the Military: An Unintended Consequence of “Don’t Ask, Don’t Tell?” 66 American Psychologist 7, 604 (2011).
 RAND Corporation, Sexual Orientation and U.S. Military Personnel Policy (2013), at 267, available at http://www.rand.org/content/dam/rand/pubs/monographs/2010/RAND_MG1056.pdf.
 Burks, supra note 429, at 607.
 Gary Gates, Gay Men and Lesbians in the U.S. Military: Estimates from Census 2000 (2004), at iii, available at http://www.urban.org/UploadedPDF/411069_GayLesbianMilitary.pdf.
 See Turchik and Wilson, supra note 366, at 274; Burks, supra note 429, at 609.
 B. Stalsburg, Service Women’s Action Network, Lesbian, Gay, Bisexual and Transgender Women in the Military: The Facts (2010), available at http://servicewomen.org/wp-content/uploads/2012/10/Final-DADT-Fact- Sheet-10.4.12.pdf; Servicemembers Legal Defense Network, Conduct Unbecoming (2003), at 43-45, available at http://sldn.3cdn.net/d7e44bb7ad24887854_w6m6b4y13.pdf.
 The umbrella term “trans* identity” encapsulates a wide range of people whose gender identities differ from the genders they were assigned at birth or from binary notions of gender, including people who identify as genderqueer, transgender, and transsexual. See Vaden Health Center Stanford, Stanford University, Glossary of Transgender Terms, available at http://vaden.stanford.edu/health_library/transgendertermsglossary.html.
 Karl Bryant and Kristen Schilt, The Palm Center and the Transgender American Veterans Association (TAVA), Transgender People in the U.S. Military: Summary and Analysis of the 2008 Transgender American Veterans Association Survey, (2008), available at http://www.palmcenter.org/system/files/TGPeopleUSMilitary.pdf.
 Grant, J., Mottet, L., and Tanis, J., Injustice at Every Turn: A Report of the National Transgender Discrimination Survey (2011), available at http://www.thetaskforce.org/downloads/reports/reports/ntds_full.pdf.
 Bryant and Schilt, supra note 437, at 8.
 In April 2012, Defense Secretary Panetta announced new policy initiatives to battle MST, including a directive that senior officers now handle all sexual assault cases, though it remains to be seen whether this shift will allow survivors to report with less devastating consequences. See Lisa Daniel, Panetta, Dempsey Announce Initiatives to Stop Sexual Assault, American Forces Press Service, Apr. 16, 2012, available at http://www.defense.gov/news/newsarticle.aspx?id=67954. In 2012, President Obama signed into law the National Defense Authorization Act (NDAA), which incorporated many provisions of the Defense Sexual Trauma Response and Good Governance (STRONG) Act introduced in 2010. See National Defense Authorization Act for Fiscal Year 2011, available at http://www.gpo.gov/fdsys/pkg/CRPT-111hrpt491/pdf/CRPT-111hrpt491.pdf; Congresswoman Niki Tsongas, Press Release, Tsongas Statement on the Passage of the National Defense Authorization Act, Dec. 12, 2012, available at http://tsongas.house.gov/press-releases/tsongas-statement-on-passage- of-the-national-defense-authorization-act1/. At the end of 2013, President Obama signed into law a defense bill that included protocols to make the investigation and prosecution of military sexual assault cases easier, see Garcia, supra note 49. Despite these policy shifts, their practical impact is questionable as one news source undertook a comprehensive review of the DOD’s approach to sexual assault policy over the past 20 years and concluded that “Despite over 20 years of such ‘zero tolerance’ directives and policies, some 10 years of record keeping and seven years in operation for SAPRO [DOD’s Sexual Assault Prevention and Response Office], there has been no marked decrease in sexual assault or uptick in the rate of convictions.” See Molly O’Toole, Military Sexual Assault Epidemic Continues to Claim Victims As Defense Department Fails Females, Huffington Post, Oct. 6, 2012, available at http://www.huffingtonpost.com/2012/10/06/military-sexual-assault-defense- department_n_1834196.html. See also Service Women’s Action Network, Rape, Sexual Assault, and Sexual Harassment: Quick Facts, supra note 400; Defense Task Force on Sexual Harassment and Violence at the Military Service Academies reports, available at http://www.dtic.mil/dtfs/research.html, and SAPRO annual reports, available at http://www.sapr.mil/index.php/annual-reports, for similar results.