Amnesty Magazine


Off-Duty Violence

From Camouflaging Criminals: Sexual Violence Against Women in the Military

BY AMY HERDY AND MILES MOFFEIT

When soldiers commit domestic abuse, the women who are their victims find little protection or justice from the military; the perpetrators are rarely prosecuted.

The Fort Bragg police in North Carolina had amassed a 3-inch-thick homicide file to prove that Sgt. Forest Nelson killed his girlfriend, Tabitha Croom. Two military prosecutors said they would take him to trial based on evidence that included a statement by a neighbor who heard “tussling noises” coming from her apartment the night Croom disappeared, and saw Nelson’s car backed up to her apartment with the trunk lid open.

Domestic Abuse“In the military, you are rewarded for violent behavior. This indoctrinates people to a certain state of mind: That they can do this even at home.”
—Jody Neal-Post, who says she was assaulted by her estranged soldier husband.

But instead of charging him—or anyone else—Nelson’s commanders used their discretionary power under military law to shut down the investigation. Nelson was quietly discharged from the military after an undisclosed administrative punishment, according to the military investigative file obtained by The Denver Post.

Croom’s death may have been part of a widespread pattern of domestic abuse in the military: Between 1997 and 2001, according to military records, there was an average of more than 10,000 substantiated cases a year. Of those cases, 114 were homicides of adults. Few studies have compared military domestic violence trends with the civilian world, but one study conducted on behalf of the Army in the early 1990s suggested that the incidence of such crimes could be twice as high as in the civilian world.

The military’s handling of the Croom case and other domestic-violence crimes exposes a secretive justice system, tightly controlled by commanders. In addition to mishandling cases of sexual assault against fellow soldiers, commanders routinely fail to prosecute domestic-violence offenders, and create obstacles for victims that leave them unprotected—and sometimes dead.

Among the findings of The Denver Post’s investigation:
Batterers in the military are rarely prosecuted and are often allowed to leave military service with an honorable discharge. In the past decade, twice as many Army troops accused of domestic-violence faced job-related discipline as faced criminal prosecution in a court-martial, a Post analysis of military records showed. In 16 Army murder cases, administrative actions were taken against the accused, but the Army provided no details. The other service branches have disclosed no comparable data. In a report last year, a congressionally-formed task force said that the Department of Defense was too lenient with abusers. It concluded, “Offenders must be held accountable for all criminal conduct.”
The military has been slow to respond to congressional mandates and other calls for improved investigations. In 1988, Congress told defense officials to report crimes to the FBI. Today, the military has yet to finish the computer system designed meet the mandate. Congress told the Department of Defense to respond by June 30, 2003, to the Defense Task Force on Domestic Violence’s recommendations on improving military handling of domestic violence; Pentagon officials have yet to comply.
The military leaves victims vulnerable. Most military bases lack advocates to help safeguard women who have been beaten or are in danger. Commanders must react faster to threats of violence, in part by ensuring that abusers are kept apart from victims, military consultants say. In 10 cases reviewed by The Denver Post, an advocate was not provided, and in some instances commanders who knew of assaults or threats downplayed concerns.

Top Department of Defense officials refused repeated interview requests from The Post to discuss the military’s handling of domestic-violence issues. Secretary of Defense Donald H. Rumsfeld’s office replied, “We are working with the services to ensure that commanders take domestic violence seriously and take appropriate action, including court-martial proceedings when appropriate.”

If there was ever a case for commanders to take seriously, it was Tabitha Croom’s, her mother says. While the Croom family was relieved to hear that the Army had reopened the investigation into her murder—after The Post raised questions and uncovered evidence of violence in Nelson’s previous marriage—they wonder how such a case could ever have been derailed.

“We all thought he was going to trial,” said Tabitha’s mother, Ann Croom. “I will never understand how they could do that. Never.”