Thursday, March 19, 1998
America needs to think twice about military court system
MILITARY: Hierarchical structure encourages gender discrimination
By Erica S. Flores and Michele Haydel
The recent verdict acquitting former Sgt. Major Gene McKinney of 18 out of 19 counts of sexual misconduct has severe implications for women in the military and further exemplifies the inequities of the military justice system.
The military jury, composed of six men and two women, rejected the accusations of six military women who accused McKinney of unwanted sexual advances.
Nevertheless, McKinney was convicted on one count of obstruction of justice because of an audio tape documenting his attempt to suppress the testimony of one of his accusers. Obviously, McKinney had something to hide. What prompted him to engage in such a conversation if he was, in fact, innocent?
Contrary to McKinney's defense, it is unlikely that six independent women would come forward with accusations of sexual harassment and subject themselves to the stress of a courtroom trial and the accompanying media scrutiny. In the end, the motives of these women were questioned more than the actions of their accuser, and the testimony of one man was accepted over that of six women.
According to military statistics, one out of five women in the military experiences sexual harassment. This verdict discourages these women from coming forward with their claims and suggests that women have little opportunity for redress in the military. At a time when the military claims to have a sincere desire to address issues of sexual harassment in their institutions, McKinney's acquittal will have a tragically chilling effect.
As long as military officials continue to be tried in military courts, justice will be elusive. It is problematic to have members of the armed forces serving as jurors and judges because they inherently have an interest in protecting the military's image. Even more worrisome is the fact that McKinney was heading a committee on sexual harassment to address the military's recent problem with sexual misconduct at the time when the reported allegations took place.
In order to understand the root cause of all of these controversies, military culture itself must be questioned. A hierarchical structure is the primary mode of organization in the armed forces. In spite of tremendous advances by women in society, gender relations are still unequal because men hold more power than women. When this scenario is translated to military institutions where power differentials are clearly defined, women are bound to be at a disadvantage. Women face a double burden because they generally hold lower-ranked positions and also suffer from lower status based on their gender. In this way, regardless of military ranking, women face obstacles.
This is not to say that women should be excluded from military service. Rather, military culture must change to reflect women's growing equality in society.
Military officials justify a system of hierarchy because a chain of command establishes order in preparation for combat. This chain of command not only requires soldiers to obey their superiors, but also forsake personal safety to engage in violent encounters during war.
Violence may be justified during time of war, but a culture of violence also permeates throughout military institutions even during times of peace. The military mentality required for combat is difficult to disengage and often leads to violence against women, people of color, and gays and lesbians serving in the military.
Sexual harassment is an expression of violence against women. Acquitting McKinney on 18 counts of sexual misconduct demonstrates just how pervasive the military culture of power and violence is. The allegations of six women were invalidated, sending a message that sexual harassment is tolerated in the military. Until the military and the American public rethink military culture, this type of behavior aimed toward women and other under-represented groups is likely to continue, and military justice will be far from just.