Military Sexual Trauma in the Navy

Posted by Berry Law on September 22, 2024 in Military Sexual Assault

The United States Navy, with its distinctive operational environment and culture, faces unique challenges when it comes to Military Sexual Trauma (MST). The repercussions of military sexual trauma in the Navy can be long-lasting, affecting a Veteran’s immediate health, job performance, and long-term mental health.

Navy Veterans who suffered MST are entitled to disability benefits from the U.S. Department of Veterans Affairs (VA), but the claims process can be complicated. Our attorneys, many of whom are Veterans themselves, are familiar with military sexual trauma claims across all branches of the service, making them effective advocates on behalf of Veterans. 

When considering applying for VA disability benefits, it’s important to explore the specific contexts in which military sexual trauma in the Navy might occur, how these incidents are handled during active duty, and the process for Navy Veterans to apply for VA disability benefits related to MST.

 

How is Military Sexual Trauma in the Navy Defined?

The United States Navy, in alignment with Department of Defense (DoD) policies, defines military sexual trauma as encompassing both sexual assault and sexual harassment experienced during military service. 

According to the Navy’s Sexual Assault Prevention and Response (SAPR) program, sexual assault is defined as intentional sexual contact, characterized by use of force, physical threat or abuse of authority, or when the survivor does not or cannot consent. This includes a broad spectrum of activities, from unwanted touching to rape. 

Sexual harassment, as defined by the Navy, involves unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that creates an intimidating, hostile, or offensive working environment. 

The Navy emphasizes that MST can occur on or off duty, on or off base, and the perpetrator can be of any gender and may be a fellow service member, civilian, or even a spouse. 

The definition extends beyond just the act itself to include the aftermath and impact on the survivor’s ability to perform their duties effectively. This comprehensive understanding informs the Navy’s prevention and response strategies, including training programs, reporting procedures, and support services tailored to the naval context.

The Naval Environment and MST

The approach to military sexual trauma in the Navy is notable for its recognition of the unique challenges posed by the naval environment. Given the close quarters and isolated nature of shipboard life, as well as the hierarchical structure of the military, the Navy acknowledges that MST can have particularly complex implications for sailors.

The Navy’s operational structure and environment present unique situations where MST can occur:

• Shipboard Life: The close quarters and isolated nature of life aboard Navy vessels can create environments where MST might occur and be difficult to report or avoid.
• Deployment Scenarios: Long deployments at sea, often lasting several months, can create high-stress situations and limited privacy, potentially increasing the risk of military sexual trauma in the Navy.
• Shore Installations: Navy bases and training facilities, like those of other branches, can present power imbalances and situations where MST might occur.
• Submarine Service: The extremely confined spaces and isolated nature of submarine duty create a unique environment where MST could potentially occur and be challenging to address.
• Aviation Units: Naval aviation units, both ship-based and shore-based, can present situations similar to other military aviation environments where MST might occur. 

MST can affect any Sailor or Navy civilian employee, regardless of gender, rank, or job specialty.

Handling Allegations of Military Sexual Trauma in the Navy

The Navy has implemented a comprehensive approach to address MST and support survivors. This multi-faceted strategy includes several key programs and policies designed to prevent sexual assault, support survivors, and ensure accountability.

Support Programs and Policies for Military Sexual Trauma in the Navy

At the forefront of these efforts is the Sexual Assault Prevention and Response (SAPR) Program, a comprehensive initiative aimed at preventing sexual assault, supporting survivors, and holding offenders accountable. Working in tandem with SAPR is the Victim Legal Counsel (VLC) Program, which provides legal counsel to survivors of sexual assault, ensuring their rights are protected throughout the military justice process. 

SAPR Victim Advocates play a crucial role in this support system. These trained professionals provide ongoing support and advocacy for MST survivors throughout the reporting and recovery process. For immediate assistance, the Navy maintains a Safe Helpline, a 24/7 anonymous hotline where MST survivors can seek support and information. 

Recognizing the potential need for a change in environment, the Navy also offers an Expedited Transfer Option. This allows survivors of sexual assault to request a quick transfer to a different duty station to ensure their safety and well-being.

Reporting Options

The Navy provides two distinct reporting options for sexual assault, each designed to accommodate different needs and comfort levels of survivors:

• Restricted Reporting: This option allows survivors to confidentially disclose the assault to specific individuals and receive medical treatment and counseling without triggering an official investigation.
• Unrestricted Reporting: Under this option, survivors can report the crime to their chain of command, law enforcement, or other authorities, which may initiate an official investigation.

Ongoing Challenges of Military Sexual Trauma in the Navy

Despite these comprehensive measures, challenges in reporting and addressing MST persist in the Navy. The hierarchical structure of the military, concerns about potential career impacts, and the close-knit nature of shipboard life can create significant barriers for survivors considering coming forward. 

These factors underscore the ongoing need for continued efforts to improve the reporting process and support systems for MST survivors in the Navy. They are also good reasons for Navy Veterans to enlist the help of a seasoned VA benefits lawyer familiar with handling MST claims.

Applying for VA Disability Benefits for Military Sexual Trauma in the Navy

Navy Veterans who experienced MST during their service can apply for VA disability benefits, even if they did not report the incident while on active duty. The process involves several steps:

• Gather Evidence: This can include medical records, mental health treatment records, statements from fellow Sailors or family members, and any documentation of behavioral changes following the trauma.
• Obtain a Diagnosis: A mental health professional should diagnose any conditions resulting from the MST, such as PTSD, depression, or anxiety disorders.
• Establish Service Connection: The Veteran must show that the MST occurred during their Navy service and that their current mental health condition is related to that trauma.
• File a Claim: Submit a claim to the VA for disability compensation. This can be done online through the VA.gov website, by mail, or in person at a VA regional office.
• Attend C&P Exam: The VA may schedule a Compensation and Pension (C&P) exam to assess the severity of the Veteran’s condition and confirm the mental health diagnosis.

Navy Veterans should be aware that the VA recognizes the difficulty in documenting MST and allows for a broader range of evidence to support these claims. This can include:

• Records from law enforcement authorities, rape crisis centers, mental health counseling centers, or hospitals
• Pregnancy tests or tests for sexually transmitted diseases
• Statements from family members, roommates, fellow service members, or clergy
• Request for transfer to another military duty assignment
• Evidence of deterioration in work performance
• Substance abuse
• Episodes of depression, panic attacks, or anxiety without an identifiable cause
• Unexplained economic or social behavior changes

Unique Considerations for Navy Veterans

Navy Veterans may face some unique challenges when applying for MST-related VA benefits:

• Documentation Challenges: The isolated nature of sea duty may make it more difficult to obtain corroborating evidence or witness statements.
• Delayed Onset of Symptoms: Due to the high-stress nature of naval operations, some Veterans may not recognize or address MST-related symptoms until well after their service has ended.
• Multiple Duty Stations: The frequent changes in duty stations typical in naval careers may complicate efforts to track behavioral changes over time.
• Security Clearance Concerns: Many naval jobs require security clearances, which may have deterred some Veterans from seeking help during their service, potentially complicating their claims process.

Recent Policy Changes in the Navy Regarding MST

In recent years, the Navy has implemented several policy changes to address MST more effectively:

• Expanded Expedited Transfer Policy (2019): The Navy updated its expedited transfer policy to allow survivors of sexual assault to request transfers to different locations within the same installation, in addition to transfers to different installations.
• Implementation of the “Safe to Report” Policy (2019): This policy aims to encourage reporting of sexual assault by protecting survivors from disciplinary action for minor collateral misconduct discovered as a result of reporting a sexual assault.
• Creation of the Sexual Assault Prevention and Response Office (SAPRO) at the Naval Criminal Investigative Service (NCIS) (2020): This office was established to improve coordination between NCIS and the Navy’s SAPR program.
• Expansion of the Catch a Serial Offender (CATCH) Program (2020): This program allows survivors who file restricted reports to anonymously submit information about their offender, which can help identify serial offenders.
• Implementation of the Naval Justice School’s Special Victims’ Capabilities Course (2021): This course provides specialized training for legal professionals handling sexual assault cases.

Berry Law Represents Navy Veterans for MST Disability Benefits Claims

Military Sexual Trauma is a serious issue that affects many Navy Veterans. The unique operational environment of the Navy presents both challenges and opportunities in addressing MST. While the Navy has implemented various measures to prevent and address MST, many survivors still struggle with its long-term effects.

Help is available for Navy Veterans, both in terms of mental health support and VA disability benefits. The process of applying for VA benefits related to military sexual trauma in the Navy can be complex, but with proper documentation and support, Navy Veterans can receive the compensation and care they deserve.

By continuing to raise awareness about MST within the naval community and advocating for improved support systems, we can hope to see positive changes that will benefit all Navy Veterans affected by this serious issue. No Veteran should have to face the MST alone. Berry Law’s legal team is available 24/7 to work with Navy Veterans nationwide. Call our firm at 888-883-2483 for a free confidential consultation or fill out our online contact form.