Prosecuting Military Sexual Assault: The Entanglement of Military Discourse and Victim Stereotypes in Prosecutor Case Strategies

• Published date: 01 December 2023
• DOI: http://doi.org/10.1177/15570851231197913
• Author: Stephanie Bonnes,Samantha A. Tosto
• Date: 01 December 2023
• Subject Matter: Articles

Article

Feminist Criminology

2023, Vol. 18(5) 459–489

© The Author(s) 2023

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DOI: 10.1177/15570851231197913

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Prosecuting Military Sexual

Assault: The Entanglement of

Military Discourse and Victim

Stereotypes in Prosecutor

Case Strategies

Stephanie Bonnes

1

and Samantha A. Tosto

1

Abstract

High rates of sexual assault within the United States Armed Forces have led to several

initiatives designed to combat sexual violence and increase prosecution of perpe-

trators. While scholars argue that the military’s hypermasculine culture contributes to

high rates of victimization, less is known about how this culture impacts each case

within the military justice system. Using in-depth interviews, we explore how military

prosecutors develop strategies to navigate this uniquely gendered terrain as it in-

tersects with victim stereotypes. Findings suggest that prosecutors invoke military

discourse to combat rape myths but are constrained by gendered assumptions of the

ideal servicemember.

Keywords

sexual assault, military justice, victimization, prosecutors, gender

Introduction

Pervasive sexual violence in the United States Armed Forces is a well-documented

phenomenon that disproportionately affects servicewomen. It is estimated that

1

University of New Haven, West Haven, CT, USA

Corresponding Author:

Stephanie Bonnes, University of New Haven, 300 Boston Post Road, West Haven, CT 06516, USA.

Email: sbonnes@newhaven.edu

approximately 8.5% of active-duty women (N= 19,255) and 1.5% of active-duty men

(N= 16,620) experienced some form of sexual victimization in 2021 (DoD, 2022a).

Research suggests that up to 36% of women who enter the military will expe rience an

attempted or completed rape during their service (Bostock & Daley, 2007;Edmonds

et al., 2021;Sadler et al., 2003,2017;Stander & Thomsen, 2016;Turchik & Wilson,

2010). In response to this issue, over the last decade the military has created educational

programs designed to decrease sexual assault, enhanced reporting streams, and adopted

policies to help victims navigate the military’s criminal legal system. The military offers

healthcare, mental health support, victim advocacy, and legal services to those who

report and for victims who use unrestricted reporting, legal action can be taken against

the accused. It is estimated that one in f‌ive victims of military sexual violence report to a

military authority f‌igure, with women reporting at three times the rate of men (DoD,

2022a). In 2021, 67% of these reported cases of sexual assault resulted in disciplinary

action, 33% of cases had insuff‌icient evidence to prosecute, and 2% of cases were

deemed unfounded (DoD, 2022c). In a sample of 585 sexual assault reports from a U.S.

military base in Japan, Warner and Armstrong (2020) found a 14.7% conviction rate.

While the Department of Defense tracks information about sexual assault reports, we

know little about the legal professionals making recommendations based on case

evidence and their strategies at court-martial.

The #metoo movement

1

has been credited with enhancing overall public awareness

of pervasive sexual violence against women, which has led to increased reporting and

changes in sexual assault policies and laws in the United States (Nicolaou & Smith,

2019). The harassment and murder of Spc. Vanessa Guill´

en in 2020 by another soldier

reignited the #metoomilitary movement and sparked the #IamVanessaGuill´

en move-

ment within the military system, leading servicewomen to share their stories of ha-

rassment and sexual violence on social media (Coronado, 2020). Despite the efforts of

these social media movements to foster dialogue on gender inequality and sexual

violence in the military, the Department of Defense has observed a decrease in the

reporting rate of sexual assault cases in the years following the #metoo movement. In

2016 and 2018, an estimated one in three victims reported their experiences, whereas in

2021, the estimated reporting rate dropped to one in f‌ive victims (DoD 2022b). This

estimated decrease in reporting might be related to a decline in servicewomen’s

conf‌idence in the military’s capacity to adequately respond to sexual assault. Compared

to previous years, fewer women in service academies in 2021 indicated that they trusted

the military to maintain their privacy, ensure their safety, and to treat them with dignity

and respect if they reported sexual assault (DoD 2022a). Similarly, 47% of active-duty

servicewomen in 2021 cited fear of negative consequences as a barrier to reporting

sexual assault (DoD 2022b). These fears are not unwarranted as 67% of women who

did report unwanted sexual contact in 2021 believed that they were retaliated against for

doing so (DoD 2022c). The lack of trust in the military’s response to sexual assault

underscores the importance of understanding how those prosecuting sexual assault

cases approach and understand this work.

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