The Silent War: Free Speech and the Right to Information in the Context of Military Sexual Assault
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THE SILENT WAR: FREE SPEECH AND THE
RIGHT TO INFORMATION IN THE CONTEXT
OF MILITARY SEXUAL ASSAULT
Patricia Ryan Robinson*
INTRODUCTION
[A] female soldier in Iraq is more likely to be raped by a fellow
soldier than killed by enemy fire.' At least twenty percent of female
veterans who served in Iraq and Afghanistan have experienced MST
(Military Sexual Trauma),2 and approximately one in three military
women has been sexually assaulted compared to one in six civilians.
Though joining the military always involves an element of risk, for some
recruits, the risk comes not only from enemy combatants, but from
fellow service members as well. Awareness of the extent of the problem
of sexual assault in the military has increased in recent years, as have
* Juris Doctor Candidate, University of North Carolina School of Law, 2016;
Staff Member, First Amendment Law Review.
1. Lisa M. Schenck, Informing the Debate About Sexual Assault in the Military
Services: Is the Department of Defense Its Own Worst Enemy?, 11 OHIO ST. J. CRIM.
L. 579, 579 (2014).
2. See Military Sexual Trauma, U.S. DEPARTMENT OF VETERAN AFFAIRS,
http://www.mentalhealth.va.gov/msthome.asp (last visited Nov. 19, 2014). The U.S.
Department of Veteran Affairs defines military sexual trauma as sexual assault or
repeated, threatening sexual harassment that occurred while the Veteran was in the
military. Id. It includes any sexual activity where someone is involved against his or
her will - he or she may have been pressured into sexual activities (e.g., with threats
of negative consequences for refusing to be sexually cooperative or with implied
faster promotions or better treatment in exchange for sex), may have been unable to
consent to sexual activities (e.g., when intoxicated), or may have been physically
forced into sexual activities. Id. Other experiences that fall into the category of MST
include unwanted sexual touching or grabbing; threatening, offensive remarks
about a person's body or sexual activities; and/or threatening or unwelcome sexual
advances. Id.
3. See U.S. DEPARTMENT OF LABOR, TRAUMA-INFORMED CARE FOR WOMEN
VETERANS EXPERIENCING HOMELESSNESS 11 (2011), available at
http://www.dol.gov/wb/trauma1WBTraumaGuide2011 .pdf.](ViewImageLocal?handle=hein.journals/falr13&div=19&collection=&method=preview&ext=.png&size=3)
The Silent War: Free Speech and the Right to Information in the Context of Military Sexual Assault
The Silent War: Free Speech and the Right to Information in the Context of Military Sexual Assault