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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.