Military Sexual Trauma, by Caitlin Kilroy

In recent years, the problem of sexual assault within the military has gained national attention.  At the City Bar Justice Center’s Veterans Assistance Project (VAP) we hear from dozens of veterans who were assaulted while in the military. As demonstrated by these clients’ stories, the harms caused by sexual violence do not end after discharge from the military. Military Sexual Trauma victims (MST) will likely carry with them the psychological trauma caused by a sexual assault for the rest of their lives. Conditions such as post-traumatic stress disorder (PTSD), depression, or anxiety can have long-term effects on a veteran’s ability to engage in meaningful work and lead a full, productive civilian life.

VAP represented a veteran from the Vietnam era who was violently attacked and sexually assaulted by a fellow serviceman. The victim was hospitalized following the assault and reported the incident to his doctors and to the military police; however, to his knowledge, there was no investigation. The client had repeatedly filed for benefits for PTSD on his own, but had been denied. The VA claimed they were unable to find his service medical records. The pro bono attorney working on his case was able to locate a fellow service officer who had served with the client and remembered the incident. This officer drafted an affidavit corroborating the assault. The VA agreed to grant benefits for PTSD and the veteran was awarded nearly $95,000 in retroactive benefits.

In another VAP case, a woman who served in the 1970s was continually harassed and eventually sexually assaulted by her commanding officer. Immediately following this incident, the victim attempted suicide by jumping onto a highway. She was hospitalized after the suicide attempt for a broken ankle and psychiatric distress. However, she never reported the sexual assault because she feared retaliation from her commanding officer. She pushed through and continued her service. Her pro bono attorney was able to argue that the veteran, who had a sound record of military service, would not have attempted suicide if this incident had not in fact occurred. The veteran’s claim was granted and she received enough in retroactive benefits to pay debts that had accrued due to her medical issues and inability to work. Over the course of our representation, this veteran also became an active advocate for other veterans and started a group for female veterans who have faced sexual harassment and discrimination in the military.

Some 14% of the cases VAP opened in the last six months involve an MST claim. While Department of Defense statistics indicate that women are proportionally more likely to face sexual assault in the military, our Project has seen about an equal number of men and women filing MST claims over the years. This may be because a higher number of men have served in the armed forces in our nation’s history. VAP serves veterans from World War II and Korea all the way through the conflicts in Iraq and Afghanistan.

Our experience on VAP has shown that legal representation can be instrumental in ensuring that claims involving MST are decided correctly by the Veterans Administration.

Caitlin Kilroy is Staff Attorney for the City Bar Justice Center’s Veterans Assistance Project.