Raped by cop then arrested for assaulting officer (trigger)

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Raped by cop then arrested for assaulting officer (trigger)

Postby The Reaper » Wed Feb 01, 2012 5:45 pm UTC

http://www.thedailybeast.com/articles/2 ... print.html
http://www.jsonline.com/news/crime/fede ... 10398.html
A jury on Wednesday found fired Milwaukee police officer Ladmarald Cates guilty of violating a woman's civil rights by raping her after he responded to her 911 call in July 2010.

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Re: Raped by cop then arrested for assaulting officer (trigg

Postby Dark567 » Wed Feb 01, 2012 5:54 pm UTC

The Reaper wrote:http://www.thedailybeast.com/articles/2012/01/29/she-dialed-911-the-cop-who-came-to-help-raped-her.print.html
http://www.jsonline.com/news/crime/fede ... 10398.html
A jury on Wednesday found fired Milwaukee police officer Ladmarald Cates guilty of violating a woman's civil rights by raping her after he responded to her 911 call in July 2010.

Huh? I don't see what your title claims in either article, just that her rapist was arrest and indicted on assault.
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Re: Raped by cop then arrested for assaulting officer (trigg

Postby Angua » Wed Feb 01, 2012 5:59 pm UTC

Dark567 wrote:
The Reaper wrote:http://www.thedailybeast.com/articles/2012/01/29/she-dialed-911-the-cop-who-came-to-help-raped-her.print.html
http://www.jsonline.com/news/crime/fede ... 10398.html
A jury on Wednesday found fired Milwaukee police officer Ladmarald Cates guilty of violating a woman's civil rights by raping her after he responded to her 911 call in July 2010.

Huh? I don't see what your title claims in either article, just that her rapist was arrest and indicted on assault.

From the first article
Spoiler:
Cates appeared and grabbed her by the waist, spinning her around. Her swinging feet may or may not have struck the partner. She was handcuffed and taken in, told at the stationhouse that she was being charged with assaulting a police officer.
They did drop the charges pretty quickly afterwards, but it's still no excuse.
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Re: Raped by cop then arrested for assaulting officer (trigg

Postby Роберт » Wed Feb 01, 2012 6:02 pm UTC

Dark567 wrote:Huh? I don't see what your title claims in either article, just that her rapist was arrest and indicted on assault.

Cates appeared and grabbed her by the waist, spinning her around. Her swinging feet may or may not have struck the partner. She was handcuffed and taken in, told at the stationhouse that she was being charged with assaulting a police officer.

She became more coherent but no less outraged and vocal as she continued cry out from a holding cell that she had been raped. She also continued to vomit. The other cops dismissed her as a liar.

After 12 hours, she was interviewed by internal affairs and taken to a hospital, where a rape kit was used to collect evidence. She was then taken to the county jail and held for four days before being released without actually being charged.

She really had to put up a fight to get him prosecuted appropriately, though. Why he was still a cop at the time is beyond me:
As the case headed for trial, Gina Barton of the Milwaukee Journal Sentinel reported that Cates had been investigated for illegal behavior on five previous occasions, three of them involving sexual misconduct. Two of those were with prisoners. The third was with a 16 year-old and that case had been referred to the Milwaukee district attorney’s office, which declined to prosecute. The priors came as no surprise to the 19-year-old who was now accusing him of raping her while he somehow remained employed as a cop.

“I knew it,” she says. “The way he treated me, I knew he had to have hurt somebody else before.”
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Re: Raped by cop then arrested for assaulting officer (trigg

Postby lutzj » Wed Feb 01, 2012 6:04 pm UTC

Angua wrote: They did drop the charges pretty quickly afterwards, but it's still no excuse.


If she's not getting indicted, and the cop who attacked her is... the system is working?

EDIT: Posted this mainly relying on that bit I quoted for information. 4 days is a ridiculous amount of time to detain someone before charging them, especially given the circumstances.
Last edited by lutzj on Thu Feb 02, 2012 3:06 am UTC, edited 1 time in total.
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Re: Raped by cop then arrested for assaulting officer (trigg

Postby Angua » Wed Feb 01, 2012 6:05 pm UTC

Well, when she went to the prosecuter the first time, they declined to take the case as well. Maybe he was cosy with the DA's office?
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Re: Raped by cop then arrested for assaulting officer (trigg

Postby Роберт » Wed Feb 01, 2012 6:07 pm UTC

I wouldn't say the system is working WELL in this case. This guy clearly shouldn't have been a cop anymore.

Also:
The trial, which began Monday, came down to who was more credible: Cates or the victim. Both testified, and they gave vastly different accounts.


He pulled the whole "it was consensual" defense. Yeah, right.
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Re: Raped by cop then arrested for assaulting officer (trigg

Postby Dark567 » Wed Feb 01, 2012 6:16 pm UTC

Angua wrote: They did drop the charges pretty quickly afterwards, but it's still no excuse.
For getting arrested? Unfortunately, cops can arrest people, and they can call other cops in to help arrest people at the other officers word. That's unfortunately how the system works, and I am not sure there is any real way around it. Afterwords the justice department can do things, like try an officer for unlawful arrest etc. But there's not going to be any particularly good way of preventing it in the first place other then via deterrence.
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Re: Raped by cop then arrested for assaulting officer (trigg

Postby Belial » Wed Feb 01, 2012 6:30 pm UTC

lutzj wrote:
Angua wrote: They did drop the charges pretty quickly afterwards, but it's still no excuse.


If she's not getting indicted, and the cop who attacked her is... the system is working?


She had to scream it over and over while the other cops told her she was lying. How many people would have just clammed up after the first time for fear of further abuse? How many people have?

The system worked, this time, and that's the only reason we're even hearing about it. But it worked despite itself. And she was still wrongfully imprisoned for four days without cause, which is pretty ruinous. For those of us who are employed or have lives, ask yourselves what would happen if you just vanished into a holding cell for four days.
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Re: Raped by cop then arrested for assaulting officer (trigg

Postby Angua » Wed Feb 01, 2012 6:32 pm UTC

Dark567 wrote:
Angua wrote: They did drop the charges pretty quickly afterwards, but it's still no excuse.
For getting arrested? Unfortunately, cops can arrest people, and they can call other cops in to help arrest people at the other officers word. That's unfortunately how the system works, and I am not sure there is any real way around it. Afterwords the justice department can do things, like try an officer for unlawful arrest etc. But there's not going to be any particularly good way of preventing it in the first place other then via deterrence.

I personally think we need a better system in place for controlling when cops are allowed to arrest someone. They didn't even seem to really look into why she was arrested in the first place - it was 4 days for the charges to be dropped.
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Re: Raped by cop then arrested for assaulting officer (trigg

Postby natraj » Wed Feb 01, 2012 6:35 pm UTC

in my lifetime i have been harassed, beated, and/or raped by more cops than i have been helped by (though given that it is sure to only get more skewed since now i refuse to go to cops for help! since when i do they tend to abuse me if they don't just ignore me!) and attempting to report the problem pretty much gets absolutely nowhere. except, perhaps, more assault.

i am glad the system (eventually) (much more slowly than it should have) worked this one time but, uh, did you notice the part where this same cop had already been involved in three previous sexual misconduct cases before FINALLY they did something about him?

that is not, actually, working. that is sweeping a bunch of stuff under the rug (with, notably, underage people and prisoners, his prior alleged victims, who don't have a lot of clout to defend themselves if those cases were valid) before someone finally screams loud enough to have something done about it.
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Re: Raped by cop then arrested for assaulting officer (trigg

Postby Роберт » Wed Feb 01, 2012 6:41 pm UTC

natraj wrote:that is not, actually, working. that is sweeping a bunch of stuff under the rug (with, notably, underage people and prisoners, his prior alleged victims, who don't have a lot of clout to defend themselves if those cases were valid) before someone finally screams loud enough to have something done about it.

Fortunately, this teenaged single mom managed to force the justice system to "work" in this case. Clearly he was targeting people he felt would be less likely to be able to successfully fight back.
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Re: Raped by cop then arrested for assaulting officer (trigg

Postby Heisenberg » Wed Feb 01, 2012 6:45 pm UTC

Holding her for 12 hours with no intention of charging her is despicable. It reeks of intimidation and destruction of evidence.

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Re: Raped by cop then arrested for assaulting officer (trigg

Postby Kayangelus » Wed Feb 01, 2012 8:04 pm UTC

lutzj wrote:
Angua wrote: They did drop the charges pretty quickly afterwards, but it's still no excuse.


If she's not getting indicted, and the cop who attacked her is... the system is working?


When the initial reaction of the system to you making an accusation of rape is to arrest you, the its next reaction is to ignore you, the system is NOT working. Maybe if every cop who helped with her arrest were indicted - attempted destruction of evidence, helping with rape (not sure what the term for it is), etc. - and this was done so without the Attorney's Office initially considering the case pointless then yes the system would be working. That isn't what happened though.

Dark567 wrote:
Angua wrote: They did drop the charges pretty quickly afterwards, but it's still no excuse.
For getting arrested? Unfortunately, cops can arrest people, and they can call other cops in to help arrest people at the other officers word. That's unfortunately how the system works, and I am not sure there is any real way around it. Afterwords the justice department can do things, like try an officer for unlawful arrest etc. But there's not going to be any particularly good way of preventing it in the first place other then via deterrence.


There is a pretty easy way around that. Make it so cops can only arrest people for committing crimes for example. Launch an investigation into every arrest that isn't complemented by charges submitted at the same time as the arrest.

Penalties for cops arresting people without charges, or blatantly false charges would be nice to.

Basically, I don't agree with the fact that cops getting to shove people in jail because they feel like it, is the system working, or that there aren't ways around that.

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Re: Raped by cop then arrested for assaulting officer (trigg

Postby Dark567 » Wed Feb 01, 2012 8:10 pm UTC

Kayangelus wrote:There is a pretty easy way around that. Make it so cops can only arrest people for committing crimes for example.
Yeah, that's exactly the way it works now. The cops claimed she had committed a crime and they arrested her. They then submitted charges immediately after the arrest to the DA.
Penalties for cops arresting people without charges, or blatantly false charges would be nice to.
Yes, that's called deterrence, but that seems like the only way to stop them.
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Re: Raped by cop then arrested for assaulting officer (trigg

Postby Kayangelus » Wed Feb 01, 2012 8:23 pm UTC

Dark567 wrote:
Kayangelus wrote:There is a pretty easy way around that. Make it so cops can only arrest people for committing crimes for example.
Yeah, that's exactly the way it works now. The cops claimed she had committed a crime and they arrested her. They then submitted charges immediately after the arrest to the DA.


From the first article:
She was then taken to the county jail and held for four days before being released without actually being charged.


No, she wasn't arrested and charged. She was arrested so she could be arrested.

Penalties for cops arresting people without charges, or blatantly false charges would be nice to.
Yes, that's called deterrence, but that seems like the only way to stop them.


which is why I would prefer it be written into the law. We already shove a bunch of innocents or people who haven't harmed others into jail, not like shoving a bunch of cops in there for abuse of power and harming those they are legally required to protect would require a lowering of our standards.

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Re: Raped by cop then arrested for assaulting officer (trigg

Postby Lucrece » Wed Feb 01, 2012 11:46 pm UTC

Well, the reason you get so much lobbying from police to not be treated as civilian is because sending a cop to jail is a death sentence/likely lynching. Which I think would be the perfect deterrent for them to behave.
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Re: Raped by cop then arrested for assaulting officer (trigg

Postby Belial » Wed Feb 01, 2012 11:49 pm UTC

Lucrece wrote:Well, the reason you get so much lobbying from police to not be treated as civilian is because sending a cop to jail is a death sentence/likely lynching. Which I think would be the perfect deterrent for them to behave.


And yet when anyone else complains about that facet in reference to other factors (transfolk, perpetrators of unpopular crimes), the solution is either "put them in solitary for their entire stay, it'll be fine" or "that's totally part of the punishment".

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Re: Raped by cop then arrested for assaulting officer (trigg

Postby folkhero » Wed Feb 01, 2012 11:58 pm UTC

Lucrece wrote:Well, the reason you get so much lobbying from police to not be treated as civilian is because sending a cop to jail is a death sentence/likely lynching. Which I think would be the perfect deterrent for them to behave.

Or a perfect incentive to build a prison system that protect unpopular inmates, but that's probably way too much to hope for.
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Re: Raped by cop then arrested for assaulting officer (trigg

Postby Lucrece » Thu Feb 02, 2012 3:02 am UTC

folkhero wrote:
Lucrece wrote:Well, the reason you get so much lobbying from police to not be treated as civilian is because sending a cop to jail is a death sentence/likely lynching. Which I think would be the perfect deterrent for them to behave.

Or a perfect incentive to build a prison system that protect unpopular inmates, but that's probably way too much to hope for.


Well, so long as street justice stays a popular idea among our kind I doubt you will find much people spending their efforts to dump more money into these already bloated systems.

I've always been infuriated by the idea of pondscum finding themselves fit to judge and execute fellow pondscum ("I decapitated some bitch, but you raped a child; and that is awful, so I'm going to kill you to make things right! And my fellow non-childraping filth will cheer me on!"). Oh, well, hierarchies will always be a problem so long as we stay part of the animal kingdom =X
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Re: Raped by cop then arrested for assaulting officer (trigg

Postby Qaanol » Thu Feb 02, 2012 5:28 am UTC

Image

11. If you are a police officer and you notice you are about to commit sexual assault, arrest yourself immediately.
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Re: Raped by cop then arrested for assaulting officer (trigg

Postby qetzal » Thu Feb 02, 2012 6:12 pm UTC

Another reason to reject that the system worked. The Milwaukee DA's office made no attempt to prosecute the cop, claiming they believed the woman but didn't think they could successfully win a case against a cop. The woman only got justice when the feds got involved.

If a cop is only going to be prosecuted for rape when the feds get involved, the system is not working.

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Re: Raped by cop then arrested for assaulting officer (trigg

Postby Belial » Thu Feb 02, 2012 6:32 pm UTC

qetzal wrote:Another reason to reject that the system worked. The Milwaukee DA's office made no attempt to prosecute the cop, claiming they believed the woman but didn't think they could successfully win a case against a cop. The woman only got justice when the feds got involved.

If a cop is only going to be prosecuted for rape when the feds get involved, the system is not working.


Also, when the DA just throws their hands up at the idea of trying to prosecute a cop. That's a sign that not only is the system broken, but everyone knows the system is broken.
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Re: Raped by cop then arrested for assaulting officer (trigg

Postby iChef » Mon Feb 13, 2012 2:28 am UTC

The system is seriously messed up. Police officers are getting away with crimes way more often than the public realizes. In my area a couple years ago there was a serious situation that wasn't exactly a crime, but a police officer acting very irresponsibly and getting away with it. A local college kid was tricked into selling a quarter ounce of marijuana to an undercover cop. A couple weeks later the police sent officers to raid the house where this guy lived with a roommate. The guy who sold the weed wasn't home but his roommate was. When the roommate heard people (the police) at the back slider door he slid the blinds open to see who it was. At this time the police had not knocked or announced themselves. When the roommate slid the blinds open it "startled" an officer and he discharged his firearm into the roommates chest. Thankfully the kid lived, but in the press he was made out to be the bad guy even though he committed no crime. He wasn't selling pot his roommate was. The officer was put on desk duty for a month or two and then was back out on the streets even though he showed he was incapable of safely handling a firearm and nearly killed an innocent civilian.

A few months down the road the SAME OFFICER was responding to a call. The suspect was loose and running. Instead of following proper procedure and calling for back up (my Uncle has been a police officer for over 30 years we discussed this case over and over, this is where I get my knowledge of what procedure is in this situation) he chased the suspect himself and lost him. When he went back for his patrol car it was gone. He had left the door open and keys in it and the suspect had ran around him got in and was now in control of a police car with a shotgun inside. Thankfully other officers were able to properly arrest the suspect without incident. As of today this officer is still on the streets making my hometown a more dangerous place to live everyday.

The police need to be held to a higher standard. When they do things that endanger the public whether willfully or negligently they need to be dealt with harshly. As far as the OP's case in this thread the only protection we have in the United States against this kind of police brutality is the 2nd amendment.
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Re: Raped by cop then arrested for assaulting officer (trigg

Postby RollingHead » Mon Feb 13, 2012 2:43 am UTC

I don't really have anything to contribute to the discussion at the moment, I just wanted to high-five Qaanol for posting that image.

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Re: Raped by cop then arrested for assaulting officer (trigg

Postby Adam H » Mon Feb 13, 2012 7:54 pm UTC

iChef wrote:The police need to be held to a higher standard.
Or at least just hold them to the same standard as the rest of us.
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Re: Raped by cop then arrested for assaulting officer (trigg

Postby Dauric » Mon Feb 13, 2012 8:02 pm UTC

Adam H wrote:
iChef wrote:The police need to be held to a higher standard.
Or at least just hold them to the same standard as the rest of us.


No, they get to openly carry live firearms in public, they get to be held to a higher standard. It's kind of the point really; in a democratic society the people invest the institutions of law enforcement with authority over the people, law enforcement -by necessity of their authority- needs to be worthy of stricter criteria than the average citizen.

Now that being held to the same standards as Joe and Jane Public would be a step up is terribly sad commentary, but doesn't change the fact that for a select group of people to be invested with authority by other people they need to adhere to higher standards.
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Re: Raped by cop then arrested for assaulting officer (trigg

Postby addams » Thu Feb 16, 2012 5:27 pm UTC

Belial wrote:
lutzj wrote:
Angua wrote: They did drop the charges pretty quickly afterwards, but it's still no excuse.


If she's not getting indicted, and the cop who attacked her is... the system is working?


She had to scream it over and over while the other cops told her she was lying. How many people would have just clammed up after the first time for fear of further abuse? How many people have?

The system worked, this time, and that's the only reason we're even hearing about it. But it worked despite itself. And she was still wrongfully imprisoned for four days without cause, which is pretty ruinous. For those of us who are employed or have lives, ask yourselves what would happen if you just vanished into a holding cell for four days.


Oh! Oh! I know! Well; No charges, that is a good thing.
No money; That is a bad thing.
No way home; Another bad thing.

Oh. Things 'at home' can change a great deal in four days.

Just, think about it.
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Re: Raped by cop then arrested for assaulting officer (trigg

Postby Qaanol » Sun Apr 15, 2012 12:56 am UTC

On a similar note, CNN reports on numerous incidents in the US military where, after a soldier reports being raped, the military refuses to investigate, and instead declares the rape victim to have a psychiatric personality disorder, which leads to immediate discharge with loss of pension, loss of VA healthcare, loss of GI bill education benefits, and a requirement to return any signing bonus that was received upon enlisting.

Spoiler:
CNN wrote:Rape victims say military labels them 'crazy'
By David S. Martin, CNN
updated 12:29 PM EDT, Sat April 14, 2012

Editor's note: CNN's Dr. Sanjay Gupta will report further on allegations of sexual assault in the military Saturday and Sunday April 21 and 22 at 7:30 a.m. ET on "Sanjay Gupta MD" on CNN.
(CNN) -- Stephanie Schroeder joined the U.S. Marine Corps not long after 9/11. She was a 21-year-old with an associate's degree when she reported for boot camp at Parris Island, South Carolina.
"I felt like it was the right thing to do," Schroeder recalls.
A year and a half later, the Marines diagnosed her with a personality disorder and deemed her psychologically unfit for the Corps.
Anna Moore enlisted in the Army after 9/11 and planned to make a career of it. Moore was a Patriot missile battery operator in Germany when she was diagnosed with a personality disorder and dismissed from the Army.
Jenny McClendon was serving as a sonar operator on a Navy destroyer when she received her personality disorder diagnosis.
These women joined different branches of the military but they share a common experience:
Each received the psychiatric diagnosis and military discharge after reporting a sexual assault.
I'm not crazy. I am actually relatively normal.
Stephanie Schroeder
"I'm not crazy," says Schroeder, who is married now, with two daughters. "I am actually relatively normal."
McClendon says she had a similar reaction.
"I remember thinking this is absurd; this is ridiculous. How could I be emotionally unstable? I'm very clear of mind, especially considering what had happened." McClendon says. "It was a ludicrous diagnosis."
A similar pattern
CNN has interviewed women in all branches of the armed forces, including the Coast Guard, who tell stories that follow a similar pattern -- a sexual assault, a command dismissive of the allegations and a psychiatric discharge.

Schroeder says a fellow Marine followed her to the bathroom in April 2002. She says he then punched her, ripped off her pants and raped her. When she reported what happened, a non-commissioned officer dismissed the allegation, saying, "'Don't come bitching to me because you had sex and changed your mind,'" Schroeder recalls.
Moore says she was alone in her barracks in October 2002 when a non-commissioned officer from another battery tried to rape her. When she filled out forms to report it, she says, her first sergeant, told her: "Forget about it. It never happened," and tore up the paperwork.
"It felt like a punch in the gut," Moore says. "I couldn't trust my chain of command to ever back me up."
McClendon says she was aboard a Navy destroyer at sea when a superior raped her on the midnight to 2 a.m. watch. After reporting the attack, she was diagnosed with a personality disorder and deemed unfit to serve.
"I was good enough to suit up and show up and serve, but I wasn't good enough after the fact," McClendon says.
Despite the Defense Department's "zero tolerance" policy, there were 3,191 military sexual assaults reported in 2011. Given that most sexual assaults are not reported, the Pentagon estimates the actual number was probably closer to 19,000.
The number of sexual assaults in the military is unacceptable.
U.S. Defense Secretary Leon Panetta
"The number of sexual assaults in the military is unacceptable," Defense Secretary Leon Panetta said at a news conference in January. "Our men and women in uniform put their lives on the line every day to keep America safe. We have a moral duty to keep them safe from those who would attack their dignity and their honor."
Related: Military sex assault complaints have leveled off
Transcript: Panetta condemns military sexual assaults
But Anu Bhagwati, a former company commander in the Marines and executive director of Service Women's Action Network, a veterans advocacy group, says she sees a pattern of the military using psychiatric diagnoses to get rid of women who report sexual assaults.
"It's convenient to sweep this under the rug. It's also extremely convenient to slap a false diagnosis on a young woman ... and then just get rid of them so you don't have to deal with that problem in your unit. And, unfortunately, a lot of sexual assault survivors are considered problems," Bhagwati says.
From 2001 to 2010, the military discharged more than 31,000 service members because of personality disorder, according to documents obtained under a Freedom of Information Act request by the Vietnam Veterans of America.
Asked by CNN how many of these cases involved sexual assault cases, the Defense Department says it does not keep such figures, nor would the Pentagon comment on individual cases.
The diagnoses
The latest edition of the Diagnostic and Statistical Manual of Mental Disorders, known as the DSM-IV, defines a personality disorder as a long-standing, inflexible pattern of maladaptive behavior and coping, beginning in adolescence or early adulthood.

That would mean women like Schroeder, Moore and McClendon had a pre-existing personality disorder when they joined the military. Someone with personality disorder tends to get fired from jobs, get in trouble with the law or at school or is unable to maintain relationships.
"It makes absolutely no sense medically for people to be diagnosed all of a sudden after being sexually assaulted as an adult in the military to say 'No, you've had this all along,'" says Bhagwati, of the Service Women's Action Network.
"These women have clearly been able to function. They've made it through basic training. They've made it through all the follow-on training. Many of them are deployed overseas in war, and they've done fine there. But, when they're sexually assaulted, and then report it, it seems very suspicious that the military would suddenly stamp them with a pre-existing condition that bars them from serving anymore."
Dr. Liza H. Gold, a clinical professor of psychiatry at Georgetown University School of Medicine, says it's a rule of thumb among psychiatrists not to diagnose someone with a personality disorder in the middle of a traumatic experience like a divorce, litigation or the aftermath of a sexual assault.
The DSM-IV says: "When personality changes emerge and persist after an individual has been exposed to extreme stress, a diagnosis of Post Traumatic Stress Disorder should be considered."
Also, by definition, a personality disorder diagnosis cannot be caused by another psychiatric condition, such as Post Traumatic Stress Disorder, Gold says.
In 2003, when she returned to Germany from a deployment in Israel, Moore says a new Army counselor changed her diagnosis from severe depression to borderline personality disorder after only a half-hour session.
Gold is not familiar with Moore's case, but she says a personality disorder was not a diagnosis that typically could be made quickly.
The numbers
Military records show the personality disorder diagnosis is being used disproportionately on women, according to military records obtained by Yale Law School's Veterans Legal Services Clinic under a Freedom of Information Act request.
--In the Army, 16% of all soldiers are women, but females constitute 24% of all personality disorder discharges.
--Air Force: women make up 21% of the ranks and 35% of personality disorder discharges.
--Navy: 17% of sailors are women and 26% of personality disorder discharges
--Marines: 7% of the Corps and 14% of personality disorder discharges
The records don't reflect how many of those women had reported sexual assault.
The cost
A personality diagnosis discharge can carry a heavy financial burden.
In the military's eyes, a personality disorder diagnosis is a pre-existing condition and does not constitute a service-related disability. That means sexual assault victims with personality disorder discharges don't receive benefits from the Department of Veterans Affairs to help with their trauma. They can still apply for benefits, but it's considered an uphill battle.
There are other costs. For example, members of the armed forces who receive a personality disorder discharge lose education benefits under the GI Bill.
Moore, now 32 and married, says the Army came after her for $2,800 of the enlistment bonus she received when she signed up for six years. With interest and penalties, the bill topped $6,000. Moore says she's still paying it off.

17-year vet Celeste Santana was diagnosed with a disorder and lost her pension after reporting a sexual assault.
Celeste Santana, a former Navy lieutenant commander, lost her pension when she was involuntarily separated from the military in 2011 after 17 years of active duty -- three years short of being eligible to retire. Santana says the Navy gave her an adjustment disorder after she reported being sexual assaulted in the middle of the night at a forward operating base in Helmand Province, Afghanistan. She says no medical evaluation ever took place.
An adjustment disorder is an excessive response to a stressful experience, typically lasting three to six months. For example, Gold says, someone who is fired from a job, stops eating, refuses to get out of bed and won't talk to anyone might be suffering from an adjustment disorder.
Secondary injury
Veterans who talked to CNN all say lack of military response to their reports of assault added to their emotional trauma. Gold says therapists call this a "secondary injury." McClendon, Moore and Schroeder each say they became suicidal.
Panayiota Bertzikis received an adjustment disorder diagnosis and was forced out of the Coast Guard in 2006 -- after reporting to her superiors that she had been punched in the face and raped by a shipmate during an off-duty hike.
When she reported the attack, Bertzikis says the chief of her Coast Guard station ordered her and her attacker to clean out an attic on base together and told to work out their differences.
"I am the victim of this crime, and then you report it, and then I felt like I was the one on trial -- I was the one who did something wrong," Bertzikis says. "He got a free pass. I was the one fighting to stay in."
Bhagwati, who runs the Service Women's Action Network, says the sense of betrayal is profound for sexual assault victims whose allegations are not taken seriously.
"Very commonly victims will hear that they're lying whores. It's very common," Bhagwati says. "That kind of betrayal deepens the trauma so, so much, and it's hard to recover from that. I mean, it's akin to incest where you grow up with a family, with someone you trust, admire and in many cases, salute, is your perpetrator. It's a huge betrayal that often entails guilt, embarrassment, shame. You're made to feel that you did something wrong and you could have prevented it from happening."

In the civilian world, sexual assault victims can quit their jobs, go to court, go to the media, says J.D. Hamel, a Marine veteran and Yale Law student involved at the Veterans Legal Services Clinic. If higher-ups don't follow-up on allegations, Hamel explains, there is no other recourse.
"If the command doesn't deal with it, no one is going to deal with it," he says. "It's just a very lonely position to be in. It's hard for people who have never been in the military to realize how all-encompassing military life is."
Rep. Jackie Speier, D-California, says the military has used personality and other psychiatric diagnoses "almost robotically" to force women who report sexual assaults out of the service.
"It's the default position the military uses," says Speier, a member of the House Armed Services Committee. "The problem we have in the military is the unit commander is in charge of the entire process."
Speier has introduced legislation that would take sexual assault cases out of the chain of command and assign them to an autonomous office at the Pentagon.
Bhagwati says victims of sexual assault in the military should be able to sue for damages in civil court.
It's far too convenient to do the wrong thing now.
Anu Bhaghwati, Service Women's Action Network
"Until there's a deterrent, you're going to have far too much incentive to the average commander, to the average perpetrator, to do the wrong thing," she says. "It's far too convenient to do the wrong thing now."
Military response
The Pentagon has made changes in policy on personality disorder diagnoses and discharges.
Army guidelines enacted in 2008 require commanders to review administrative separations, such as personality and adjustment disorder discharges, for sexual assault victims. The commander must assess whether the separation "appears to be in retaliation" for reporting the sexual assault or involves a medical condition like Post Traumatic Stress Disorder.
After congressional hearings in 2008 looking into Afghanistan and Iraq combat veterans who received personality discharges, the Pentagon also changed the rules to require a psychiatrist or PhD-level psychologist to diagnose personality disorder on troops who "served or are currently serving in imminent danger pay areas."
The new rules require personality disorder diagnoses for combat veterans to be corroborated a by a peer or higher-level mental health professional and endorsed by the surgeon general of the relevant military branch. This added layer of protection against misdiagnoses does not affect sexual assault victims.

Bertzikis started blogging about her case and says she found other women -- and some men -- who described similar experiences. She has started two websites: stopmilitaryrape.org and mydutytospeak.com, a chance for victims of military sexual assault to share their stories.
"For me, writing has been very helpful," Bertzikis says.
At his January news conference, Secretary Panetta announced that for the first time service members who reported a sexual assault would be allowed to make an immediate request to transfer to a different unit. The commanding officer would then have 72 hours to decide whether to grant the request.
Panetta also ordered an assessment of the training that commanding officers and senior enlisted personnel receive on sexual assault prevention and response. That report is scheduled to be completed next month.
Moore and Schroeder each say they'd still be in the military if the military had aggressively pursued their attackers and allowed them to switch units. But Schroeder is skeptical about the Pentagon's efforts.
"It's all just talk. It's for show," Schroeder says.
Bertzikis started and runs the Military Rape Crisis Center, which helps victims of sexual assault in the military. She and Schroeder have joined a lawsuit suing the Defense Department for unspecified monetary damages for a culture that permitted sexual assaults.
Asked by CNN about the lawsuit, the Defense Department says it does not comment on pending litigation.
What my chain of command did to me was cruel.
Anna Moore
As for the personality and adjustment disorder discharges, the Pentagon tells CNN: "We encourage all separating service members who believe their discharges were incorrectly characterized or processed to request adjudication through their respective military department's Discharge Review Board and Board for Correction of Military Records."
McClendon, 41, is married and the mother of four. She teaches college humanities courses. Two or three times a week, she says she's awakened by nightmares.
Schroeder, 30, is getting a business degree and taking care of her daughters, who are in second and third grade. She says she suffers from anxiety and depression and is fighting the Department of Veterans Affairs for a PTSD diagnosis.
Moore, 32, received a diagnosis of PTSD from the Veterans Affairs and is on full disability.
"I have nightmares all the time and flashbacks and things like that," Moore says. "I'm still paranoid of the outside world and how cruel people can be -- because what my chain of command did to me was cruel and unnecessary."
CNN's Jonathan Binder and Sean O'Key contributed to this report.
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Re: Raped by cop then arrested for assaulting officer (trigg

Postby addams » Mon Apr 16, 2012 5:12 pm UTC

Qaanol wrote:On a similar note, CNN reports on numerous incidents in the US military where, after a soldier reports being raped, the military refuses to investigate, and instead declares the rape victim to have a psychiatric personality disorder, which leads to immediate discharge with loss of pension, loss of VA healthcare, loss of GI bill education benefits, and a requirement to return any signing bonus that was received upon enlisting.

Spoiler:
CNN wrote:Rape victims say military labels them 'crazy'
By David S. Martin, CNN
updated 12:29 PM EDT, Sat April 14, 2012

Editor's note: CNN's Dr. Sanjay Gupta will report further on allegations of sexual assault in the military Saturday and Sunday April 21 and 22 at 7:30 a.m. ET on "Sanjay Gupta MD" on CNN.
(CNN) -- Stephanie Schroeder joined the U.S. Marine Corps not long after 9/11. She was a 21-year-old with an associate's degree when she reported for boot camp at Parris Island, South Carolina.
"I felt like it was the right thing to do," Schroeder recalls.
A year and a half later, the Marines diagnosed her with a personality disorder and deemed her psychologically unfit for the Corps.
Anna Moore enlisted in the Army after 9/11 and planned to make a career of it. Moore was a Patriot missile battery operator in Germany when she was diagnosed with a personality disorder and dismissed from the Army.
Jenny McClendon was serving as a sonar operator on a Navy destroyer when she received her personality disorder diagnosis.
These women joined different branches of the military but they share a common experience:
Each received the psychiatric diagnosis and military discharge after reporting a sexual assault.
I'm not crazy. I am actually relatively normal.
Stephanie Schroeder
"I'm not crazy," says Schroeder, who is married now, with two daughters. "I am actually relatively normal."
McClendon says she had a similar reaction.
"I remember thinking this is absurd; this is ridiculous. How could I be emotionally unstable? I'm very clear of mind, especially considering what had happened." McClendon says. "It was a ludicrous diagnosis."
A similar pattern
CNN has interviewed women in all branches of the armed forces, including the Coast Guard, who tell stories that follow a similar pattern -- a sexual assault, a command dismissive of the allegations and a psychiatric discharge.

Schroeder says a fellow Marine followed her to the bathroom in April 2002. She says he then punched her, ripped off her pants and raped her. When she reported what happened, a non-commissioned officer dismissed the allegation, saying, "'Don't come bitching to me because you had sex and changed your mind,'" Schroeder recalls.
Moore says she was alone in her barracks in October 2002 when a non-commissioned officer from another battery tried to rape her. When she filled out forms to report it, she says, her first sergeant, told her: "Forget about it. It never happened," and tore up the paperwork.
"It felt like a punch in the gut," Moore says. "I couldn't trust my chain of command to ever back me up."
McClendon says she was aboard a Navy destroyer at sea when a superior raped her on the midnight to 2 a.m. watch. After reporting the attack, she was diagnosed with a personality disorder and deemed unfit to serve.
"I was good enough to suit up and show up and serve, but I wasn't good enough after the fact," McClendon says.
Despite the Defense Department's "zero tolerance" policy, there were 3,191 military sexual assaults reported in 2011. Given that most sexual assaults are not reported, the Pentagon estimates the actual number was probably closer to 19,000.
The number of sexual assaults in the military is unacceptable.
U.S. Defense Secretary Leon Panetta
"The number of sexual assaults in the military is unacceptable," Defense Secretary Leon Panetta said at a news conference in January. "Our men and women in uniform put their lives on the line every day to keep America safe. We have a moral duty to keep them safe from those who would attack their dignity and their honor."
Related: Military sex assault complaints have leveled off
Transcript: Panetta condemns military sexual assaults
But Anu Bhagwati, a former company commander in the Marines and executive director of Service Women's Action Network, a veterans advocacy group, says she sees a pattern of the military using psychiatric diagnoses to get rid of women who report sexual assaults.
"It's convenient to sweep this under the rug. It's also extremely convenient to slap a false diagnosis on a young woman ... and then just get rid of them so you don't have to deal with that problem in your unit. And, unfortunately, a lot of sexual assault survivors are considered problems," Bhagwati says.
From 2001 to 2010, the military discharged more than 31,000 service members because of personality disorder, according to documents obtained under a Freedom of Information Act request by the Vietnam Veterans of America.
Asked by CNN how many of these cases involved sexual assault cases, the Defense Department says it does not keep such figures, nor would the Pentagon comment on individual cases.
The diagnoses
The latest edition of the Diagnostic and Statistical Manual of Mental Disorders, known as the DSM-IV, defines a personality disorder as a long-standing, inflexible pattern of maladaptive behavior and coping, beginning in adolescence or early adulthood.

That would mean women like Schroeder, Moore and McClendon had a pre-existing personality disorder when they joined the military. Someone with personality disorder tends to get fired from jobs, get in trouble with the law or at school or is unable to maintain relationships.
"It makes absolutely no sense medically for people to be diagnosed all of a sudden after being sexually assaulted as an adult in the military to say 'No, you've had this all along,'" says Bhagwati, of the Service Women's Action Network.
"These women have clearly been able to function. They've made it through basic training. They've made it through all the follow-on training. Many of them are deployed overseas in war, and they've done fine there. But, when they're sexually assaulted, and then report it, it seems very suspicious that the military would suddenly stamp them with a pre-existing condition that bars them from serving anymore."
Dr. Liza H. Gold, a clinical professor of psychiatry at Georgetown University School of Medicine, says it's a rule of thumb among psychiatrists not to diagnose someone with a personality disorder in the middle of a traumatic experience like a divorce, litigation or the aftermath of a sexual assault.
The DSM-IV says: "When personality changes emerge and persist after an individual has been exposed to extreme stress, a diagnosis of Post Traumatic Stress Disorder should be considered."
Also, by definition, a personality disorder diagnosis cannot be caused by another psychiatric condition, such as Post Traumatic Stress Disorder, Gold says.
In 2003, when she returned to Germany from a deployment in Israel, Moore says a new Army counselor changed her diagnosis from severe depression to borderline personality disorder after only a half-hour session.
Gold is not familiar with Moore's case, but she says a personality disorder was not a diagnosis that typically could be made quickly.
The numbers
Military records show the personality disorder diagnosis is being used disproportionately on women, according to military records obtained by Yale Law School's Veterans Legal Services Clinic under a Freedom of Information Act request.
--In the Army, 16% of all soldiers are women, but females constitute 24% of all personality disorder discharges.
--Air Force: women make up 21% of the ranks and 35% of personality disorder discharges.
--Navy: 17% of sailors are women and 26% of personality disorder discharges
--Marines: 7% of the Corps and 14% of personality disorder discharges
The records don't reflect how many of those women had reported sexual assault.
The cost
A personality diagnosis discharge can carry a heavy financial burden.
In the military's eyes, a personality disorder diagnosis is a pre-existing condition and does not constitute a service-related disability. That means sexual assault victims with personality disorder discharges don't receive benefits from the Department of Veterans Affairs to help with their trauma. They can still apply for benefits, but it's considered an uphill battle.
There are other costs. For example, members of the armed forces who receive a personality disorder discharge lose education benefits under the GI Bill.
Moore, now 32 and married, says the Army came after her for $2,800 of the enlistment bonus she received when she signed up for six years. With interest and penalties, the bill topped $6,000. Moore says she's still paying it off.

17-year vet Celeste Santana was diagnosed with a disorder and lost her pension after reporting a sexual assault.
Celeste Santana, a former Navy lieutenant commander, lost her pension when she was involuntarily separated from the military in 2011 after 17 years of active duty -- three years short of being eligible to retire. Santana says the Navy gave her an adjustment disorder after she reported being sexual assaulted in the middle of the night at a forward operating base in Helmand Province, Afghanistan. She says no medical evaluation ever took place.
An adjustment disorder is an excessive response to a stressful experience, typically lasting three to six months. For example, Gold says, someone who is fired from a job, stops eating, refuses to get out of bed and won't talk to anyone might be suffering from an adjustment disorder.
Secondary injury
Veterans who talked to CNN all say lack of military response to their reports of assault added to their emotional trauma. Gold says therapists call this a "secondary injury." McClendon, Moore and Schroeder each say they became suicidal.
Panayiota Bertzikis received an adjustment disorder diagnosis and was forced out of the Coast Guard in 2006 -- after reporting to her superiors that she had been punched in the face and raped by a shipmate during an off-duty hike.
When she reported the attack, Bertzikis says the chief of her Coast Guard station ordered her and her attacker to clean out an attic on base together and told to work out their differences.
"I am the victim of this crime, and then you report it, and then I felt like I was the one on trial -- I was the one who did something wrong," Bertzikis says. "He got a free pass. I was the one fighting to stay in."
Bhagwati, who runs the Service Women's Action Network, says the sense of betrayal is profound for sexual assault victims whose allegations are not taken seriously.
"Very commonly victims will hear that they're lying whores. It's very common," Bhagwati says. "That kind of betrayal deepens the trauma so, so much, and it's hard to recover from that. I mean, it's akin to incest where you grow up with a family, with someone you trust, admire and in many cases, salute, is your perpetrator. It's a huge betrayal that often entails guilt, embarrassment, shame. You're made to feel that you did something wrong and you could have prevented it from happening."

In the civilian world, sexual assault victims can quit their jobs, go to court, go to the media, says J.D. Hamel, a Marine veteran and Yale Law student involved at the Veterans Legal Services Clinic. If higher-ups don't follow-up on allegations, Hamel explains, there is no other recourse.
"If the command doesn't deal with it, no one is going to deal with it," he says. "It's just a very lonely position to be in. It's hard for people who have never been in the military to realize how all-encompassing military life is."
Rep. Jackie Speier, D-California, says the military has used personality and other psychiatric diagnoses "almost robotically" to force women who report sexual assaults out of the service.
"It's the default position the military uses," says Speier, a member of the House Armed Services Committee. "The problem we have in the military is the unit commander is in charge of the entire process."
Speier has introduced legislation that would take sexual assault cases out of the chain of command and assign them to an autonomous office at the Pentagon.
Bhagwati says victims of sexual assault in the military should be able to sue for damages in civil court.
It's far too convenient to do the wrong thing now.
Anu Bhaghwati, Service Women's Action Network
"Until there's a deterrent, you're going to have far too much incentive to the average commander, to the average perpetrator, to do the wrong thing," she says. "It's far too convenient to do the wrong thing now."
Military response
The Pentagon has made changes in policy on personality disorder diagnoses and discharges.
Army guidelines enacted in 2008 require commanders to review administrative separations, such as personality and adjustment disorder discharges, for sexual assault victims. The commander must assess whether the separation "appears to be in retaliation" for reporting the sexual assault or involves a medical condition like Post Traumatic Stress Disorder.
After congressional hearings in 2008 looking into Afghanistan and Iraq combat veterans who received personality discharges, the Pentagon also changed the rules to require a psychiatrist or PhD-level psychologist to diagnose personality disorder on troops who "served or are currently serving in imminent danger pay areas."
The new rules require personality disorder diagnoses for combat veterans to be corroborated a by a peer or higher-level mental health professional and endorsed by the surgeon general of the relevant military branch. This added layer of protection against misdiagnoses does not affect sexual assault victims.

Bertzikis started blogging about her case and says she found other women -- and some men -- who described similar experiences. She has started two websites: stopmilitaryrape.org and mydutytospeak.com, a chance for victims of military sexual assault to share their stories.
"For me, writing has been very helpful," Bertzikis says.
At his January news conference, Secretary Panetta announced that for the first time service members who reported a sexual assault would be allowed to make an immediate request to transfer to a different unit. The commanding officer would then have 72 hours to decide whether to grant the request.
Panetta also ordered an assessment of the training that commanding officers and senior enlisted personnel receive on sexual assault prevention and response. That report is scheduled to be completed next month.
Moore and Schroeder each say they'd still be in the military if the military had aggressively pursued their attackers and allowed them to switch units. But Schroeder is skeptical about the Pentagon's efforts.
"It's all just talk. It's for show," Schroeder says.
Bertzikis started and runs the Military Rape Crisis Center, which helps victims of sexual assault in the military. She and Schroeder have joined a lawsuit suing the Defense Department for unspecified monetary damages for a culture that permitted sexual assaults.
Asked by CNN about the lawsuit, the Defense Department says it does not comment on pending litigation.
What my chain of command did to me was cruel.
Anna Moore
As for the personality and adjustment disorder discharges, the Pentagon tells CNN: "We encourage all separating service members who believe their discharges were incorrectly characterized or processed to request adjudication through their respective military department's Discharge Review Board and Board for Correction of Military Records."
McClendon, 41, is married and the mother of four. She teaches college humanities courses. Two or three times a week, she says she's awakened by nightmares.
Schroeder, 30, is getting a business degree and taking care of her daughters, who are in second and third grade. She says she suffers from anxiety and depression and is fighting the Department of Veterans Affairs for a PTSD diagnosis.
Moore, 32, received a diagnosis of PTSD from the Veterans Affairs and is on full disability.
"I have nightmares all the time and flashbacks and things like that," Moore says. "I'm still paranoid of the outside world and how cruel people can be -- because what my chain of command did to me was cruel and unnecessary."
CNN's Jonathan Binder and Sean O'Key contributed to this report.


Qaanol wrote:On a similar note, CNN reports on numerous incidents in the US military where, after a soldier reports being raped, the military refuses to investigate, and instead declares the rape victim to have a psychiatric personality disorder, which leads to immediate discharge with loss of pension, loss of VA healthcare, loss of GI bill education benefits, and a requirement to return any signing bonus that was received upon enlisting.

Spoiler:
CNN wrote:Rape victims say military labels them 'crazy'
By David S. Martin, CNN
updated 12:29 PM EDT, Sat April 14, 2012

Editor's note: CNN's Dr. Sanjay Gupta will report further on allegations of sexual assault in the military Saturday and Sunday April 21 and 22 at 7:30 a.m. ET on "Sanjay Gupta MD" on CNN.
(CNN) -- Stephanie Schroeder joined the U.S. Marine Corps not long after 9/11. She was a 21-year-old with an associate's degree when she reported for boot camp at Parris Island, South Carolina.
"I felt like it was the right thing to do," Schroeder recalls.
A year and a half later, the Marines diagnosed her with a personality disorder and deemed her psychologically unfit for the Corps.
Anna Moore enlisted in the Army after 9/11 and planned to make a career of it. Moore was a Patriot missile battery operator in Germany when she was diagnosed with a personality disorder and dismissed from the Army.
Jenny McClendon was serving as a sonar operator on a Navy destroyer when she received her personality disorder diagnosis.
These women joined different branches of the military but they share a common experience:
Each received the psychiatric diagnosis and military discharge after reporting a sexual assault.
I'm not crazy. I am actually relatively normal.
Stephanie Schroeder
"I'm not crazy," says Schroeder, who is married now, with two daughters. "I am actually relatively normal."
McClendon says she had a similar reaction.
"I remember thinking this is absurd; this is ridiculous. How could I be emotionally unstable? I'm very clear of mind, especially considering what had happened." McClendon says. "It was a ludicrous diagnosis."
A similar pattern
CNN has interviewed women in all branches of the armed forces, including the Coast Guard, who tell stories that follow a similar pattern -- a sexual assault, a command dismissive of the allegations and a psychiatric discharge.

Schroeder says a fellow Marine followed her to the bathroom in April 2002. She says he then punched her, ripped off her pants and raped her. When she reported what happened, a non-commissioned officer dismissed the allegation, saying, "'Don't come bitching to me because you had sex and changed your mind,'" Schroeder recalls.
Moore says she was alone in her barracks in October 2002 when a non-commissioned officer from another battery tried to rape her. When she filled out forms to report it, she says, her first sergeant, told her: "Forget about it. It never happened," and tore up the paperwork.
"It felt like a punch in the gut," Moore says. "I couldn't trust my chain of command to ever back me up."
McClendon says she was aboard a Navy destroyer at sea when a superior raped her on the midnight to 2 a.m. watch. After reporting the attack, she was diagnosed with a personality disorder and deemed unfit to serve.
"I was good enough to suit up and show up and serve, but I wasn't good enough after the fact," McClendon says.
Despite the Defense Department's "zero tolerance" policy, there were 3,191 military sexual assaults reported in 2011. Given that most sexual assaults are not reported, the Pentagon estimates the actual number was probably closer to 19,000.
The number of sexual assaults in the military is unacceptable.
U.S. Defense Secretary Leon Panetta
"The number of sexual assaults in the military is unacceptable," Defense Secretary Leon Panetta said at a news conference in January. "Our men and women in uniform put their lives on the line every day to keep America safe. We have a moral duty to keep them safe from those who would attack their dignity and their honor."
Related: Military sex assault complaints have leveled off
Transcript: Panetta condemns military sexual assaults
But Anu Bhagwati, a former company commander in the Marines and executive director of Service Women's Action Network, a veterans advocacy group, says she sees a pattern of the military using psychiatric diagnoses to get rid of women who report sexual assaults.
"It's convenient to sweep this under the rug. It's also extremely convenient to slap a false diagnosis on a young woman ... and then just get rid of them so you don't have to deal with that problem in your unit. And, unfortunately, a lot of sexual assault survivors are considered problems," Bhagwati says.
From 2001 to 2010, the military discharged more than 31,000 service members because of personality disorder, according to documents obtained under a Freedom of Information Act request by the Vietnam Veterans of America.
Asked by CNN how many of these cases involved sexual assault cases, the Defense Department says it does not keep such figures, nor would the Pentagon comment on individual cases.
The diagnoses
The latest edition of the Diagnostic and Statistical Manual of Mental Disorders, known as the DSM-IV, defines a personality disorder as a long-standing, inflexible pattern of maladaptive behavior and coping, beginning in adolescence or early adulthood.

That would mean women like Schroeder, Moore and McClendon had a pre-existing personality disorder when they joined the military. Someone with personality disorder tends to get fired from jobs, get in trouble with the law or at school or is unable to maintain relationships.
"It makes absolutely no sense medically for people to be diagnosed all of a sudden after being sexually assaulted as an adult in the military to say 'No, you've had this all along,'" says Bhagwati, of the Service Women's Action Network.
"These women have clearly been able to function. They've made it through basic training. They've made it through all the follow-on training. Many of them are deployed overseas in war, and they've done fine there. But, when they're sexually assaulted, and then report it, it seems very suspicious that the military would suddenly stamp them with a pre-existing condition that bars them from serving anymore."
Dr. Liza H. Gold, a clinical professor of psychiatry at Georgetown University School of Medicine, says it's a rule of thumb among psychiatrists not to diagnose someone with a personality disorder in the middle of a traumatic experience like a divorce, litigation or the aftermath of a sexual assault.
The DSM-IV says: "When personality changes emerge and persist after an individual has been exposed to extreme stress, a diagnosis of Post Traumatic Stress Disorder should be considered."
Also, by definition, a personality disorder diagnosis cannot be caused by another psychiatric condition, such as Post Traumatic Stress Disorder, Gold says.
In 2003, when she returned to Germany from a deployment in Israel, Moore says a new Army counselor changed her diagnosis from severe depression to borderline personality disorder after only a half-hour session.
Gold is not familiar with Moore's case, but she says a personality disorder was not a diagnosis that typically could be made quickly.
The numbers
Military records show the personality disorder diagnosis is being used disproportionately on women, according to military records obtained by Yale Law School's Veterans Legal Services Clinic under a Freedom of Information Act request.
--In the Army, 16% of all soldiers are women, but females constitute 24% of all personality disorder discharges.
--Air Force: women make up 21% of the ranks and 35% of personality disorder discharges.
--Navy: 17% of sailors are women and 26% of personality disorder discharges
--Marines: 7% of the Corps and 14% of personality disorder discharges
The records don't reflect how many of those women had reported sexual assault.
The cost
A personality diagnosis discharge can carry a heavy financial burden.
In the military's eyes, a personality disorder diagnosis is a pre-existing condition and does not constitute a service-related disability. That means sexual assault victims with personality disorder discharges don't receive benefits from the Department of Veterans Affairs to help with their trauma. They can still apply for benefits, but it's considered an uphill battle.
There are other costs. For example, members of the armed forces who receive a personality disorder discharge lose education benefits under the GI Bill.
Moore, now 32 and married, says the Army came after her for $2,800 of the enlistment bonus she received when she signed up for six years. With interest and penalties, the bill topped $6,000. Moore says she's still paying it off.

17-year vet Celeste Santana was diagnosed with a disorder and lost her pension after reporting a sexual assault.
Celeste Santana, a former Navy lieutenant commander, lost her pension when she was involuntarily separated from the military in 2011 after 17 years of active duty -- three years short of being eligible to retire. Santana says the Navy gave her an adjustment disorder after she reported being sexual assaulted in the middle of the night at a forward operating base in Helmand Province, Afghanistan. She says no medical evaluation ever took place.
An adjustment disorder is an excessive response to a stressful experience, typically lasting three to six months. For example, Gold says, someone who is fired from a job, stops eating, refuses to get out of bed and won't talk to anyone might be suffering from an adjustment disorder.
Secondary injury
Veterans who talked to CNN all say lack of military response to their reports of assault added to their emotional trauma. Gold says therapists call this a "secondary injury." McClendon, Moore and Schroeder each say they became suicidal.
Panayiota Bertzikis received an adjustment disorder diagnosis and was forced out of the Coast Guard in 2006 -- after reporting to her superiors that she had been punched in the face and raped by a shipmate during an off-duty hike.
When she reported the attack, Bertzikis says the chief of her Coast Guard station ordered her and her attacker to clean out an attic on base together and told to work out their differences.
"I am the victim of this crime, and then you report it, and then I felt like I was the one on trial -- I was the one who did something wrong," Bertzikis says. "He got a free pass. I was the one fighting to stay in."
Bhagwati, who runs the Service Women's Action Network, says the sense of betrayal is profound for sexual assault victims whose allegations are not taken seriously.
"Very commonly victims will hear that they're lying whores. It's very common," Bhagwati says. "That kind of betrayal deepens the trauma so, so much, and it's hard to recover from that. I mean, it's akin to incest where you grow up with a family, with someone you trust, admire and in many cases, salute, is your perpetrator. It's a huge betrayal that often entails guilt, embarrassment, shame. You're made to feel that you did something wrong and you could have prevented it from happening."

In the civilian world, sexual assault victims can quit their jobs, go to court, go to the media, says J.D. Hamel, a Marine veteran and Yale Law student involved at the Veterans Legal Services Clinic. If higher-ups don't follow-up on allegations, Hamel explains, there is no other recourse.
"If the command doesn't deal with it, no one is going to deal with it," he says. "It's just a very lonely position to be in. It's hard for people who have never been in the military to realize how all-encompassing military life is."
Rep. Jackie Speier, D-California, says the military has used personality and other psychiatric diagnoses "almost robotically" to force women who report sexual assaults out of the service.
"It's the default position the military uses," says Speier, a member of the House Armed Services Committee. "The problem we have in the military is the unit commander is in charge of the entire process."
Speier has introduced legislation that would take sexual assault cases out of the chain of command and assign them to an autonomous office at the Pentagon.
Bhagwati says victims of sexual assault in the military should be able to sue for damages in civil court.
It's far too convenient to do the wrong thing now.
Anu Bhaghwati, Service Women's Action Network
"Until there's a deterrent, you're going to have far too much incentive to the average commander, to the average perpetrator, to do the wrong thing," she says. "It's far too convenient to do the wrong thing now."
Military response
The Pentagon has made changes in policy on personality disorder diagnoses and discharges.
Army guidelines enacted in 2008 require commanders to review administrative separations, such as personality and adjustment disorder discharges, for sexual assault victims. The commander must assess whether the separation "appears to be in retaliation" for reporting the sexual assault or involves a medical condition like Post Traumatic Stress Disorder.
After congressional hearings in 2008 looking into Afghanistan and Iraq combat veterans who received personality discharges, the Pentagon also changed the rules to require a psychiatrist or PhD-level psychologist to diagnose personality disorder on troops who "served or are currently serving in imminent danger pay areas."
The new rules require personality disorder diagnoses for combat veterans to be corroborated a by a peer or higher-level mental health professional and endorsed by the surgeon general of the relevant military branch. This added layer of protection against misdiagnoses does not affect sexual assault victims.

Bertzikis started blogging about her case and says she found other women -- and some men -- who described similar experiences. She has started two websites: stopmilitaryrape.org and mydutytospeak.com, a chance for victims of military sexual assault to share their stories.
"For me, writing has been very helpful," Bertzikis says.
At his January news conference, Secretary Panetta announced that for the first time service members who reported a sexual assault would be allowed to make an immediate request to transfer to a different unit. The commanding officer would then have 72 hours to decide whether to grant the request.
Panetta also ordered an assessment of the training that commanding officers and senior enlisted personnel receive on sexual assault prevention and response. That report is scheduled to be completed next month.
Moore and Schroeder each say they'd still be in the military if the military had aggressively pursued their attackers and allowed them to switch units. But Schroeder is skeptical about the Pentagon's efforts.
"It's all just talk. It's for show," Schroeder says.
Bertzikis started and runs the Military Rape Crisis Center, which helps victims of sexual assault in the military. She and Schroeder have joined a lawsuit suing the Defense Department for unspecified monetary damages for a culture that permitted sexual assaults.
Asked by CNN about the lawsuit, the Defense Department says it does not comment on pending litigation.
What my chain of command did to me was cruel.
Anna Moore
As for the personality and adjustment disorder discharges, the Pentagon tells CNN: "We encourage all separating service members who believe their discharges were incorrectly characterized or processed to request adjudication through their respective military department's Discharge Review Board and Board for Correction of Military Records."
McClendon, 41, is married and the mother of four. She teaches college humanities courses. Two or three times a week, she says she's awakened by nightmares.
Schroeder, 30, is getting a business degree and taking care of her daughters, who are in second and third grade. She says she suffers from anxiety and depression and is fighting the Department of Veterans Affairs for a PTSD diagnosis.
Moore, 32, received a diagnosis of PTSD from the Veterans Affairs and is on full disability.
"I have nightmares all the time and flashbacks and things like that," Moore says. "I'm still paranoid of the outside world and how cruel people can be -- because what my chain of command did to me was cruel and unnecessary."
CNN's Jonathan Binder and Sean O'Key contributed to this report.


Yeah. What you said and then some more.
Spoiler:
During the Bush years there was a great deal of pressure to increase the numbers of active duty personal. Some of the things that were done we will not ever know. Other things we do know.

We got a bunch of criminals in the service. If, we throw a net far and wide, then, we get a lot of fish. Not all the same species.

Entire units went out of control. (Not as bad as Nam, but, bad.)

Sexual assault. Damn. Where to begin. The things on this thread are the tip of an iceberg.
The ones that walk away from a rape are the lucky ones.

Yes. We all know that the world is not just. Most of both the men and the women that have been and are still being harmed are silent.

We all have our stories. I have mine, too.

They would not release my daughter to fly, until, I landed at JFK.
My kid lived. I begged for her life.

My kid was not a prisoner of war held in a far off land. My kid was in Kansas.

I did not understand it at the time. I still don't. She is doing, O.K. I suppose.

I do not have any contact with her. We are very different people.

Yeah. I got arrested a bunch of times. The treats were becoming more and more violent and intimidating. I don't know all of what happened to her and I am her mom. They targeted me, because, I had something to say.
They targeted her, because, she was the light of my life.
She was such a joy to me.

I know that she is not dead. Many other mothers don't have that.
It turns into a serious subject. Who is better off? The mother of a dead hero or a mother like me?

And; The war rages on. The Mental Health stuff is funny and tragic. I had that, too.
I keep a letter with me. I asked a long lost friend to write it down and sign and date it. I was told that all of that did not happen. My long lost friend met me at JFK. My child told her, she wrote it down in ink for me. It is the only proof that I have that any of it happened.
Oh. Her husband went with me to pick my child up at the airport two days later. Taking a man with me may not have been a smart move on my part.

We all have our stories. I don't know all the story.

My kid yelled at me. She said, "I was dieing! Where were you!"
I don't know where I was. When? She would not give me a when. She could not give me a when. Sense of time is one of the first things to go for victims of Psychological Torture.

They 'got' me. War is a complex game. It is a game with winners and losers. I am one of the losers.

The entire nation is a bunch of losers. Fucked up rich Assholes and losers. I am in a foul mood. I liked my country. I knew it as well as many. Better than most.

The Bush years changed the chain of command. It was not Tweedle Dum, Bush II. It was experts. That man is doing good to remember to zip up after pissing.

Spoiler:
Is the world ready for a Peace Movement?
My friend told me that there will be no world Peace. He is smart. Much smarter than I am. The reasons are as follows:
1. We are fighting up hill against an equal foe.
2. We are carrying the sick, the stupid, the disabled and the nuts with us.
We can't stop caring about the people, or, we stop being the 'Good Guys'.

I had an engineer get really angry at me over this. I was angry, too.

He said, "Do you know why we do this!'
I said, "No!"
He said, "For the People!"
I was so angry. "HAVE YOU MET THE PEOPLE!"
He walked off. I could not catch him. He did not want to argue with me, anyway. He had work to do.


There are nice Police people. There are nice military people.
They are, just, people.
Life is, just, an exchange of electrons; It is up to us to give it meaning.

We are all in The Gutter.
Some of us see The Gutter.
Some of us see The Stars.
by mr. Oscar Wilde.

Those that want to Know; Know.
Those that do not Know; Don't tell them.
They do terrible things to people that Tell Them.


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