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A #SexualAssault Reporting Process Foreign Service Members Deserve: How Much Longer Secretary #Tillerson?

Posted: 8:55 pm PT

 

We’ve written several blogposts on sexual assaults and/or the lack of clear sexual assault reporting guidance in the Foreign Service in 2016 (see The State Dept’s Sexual Assault Reporting Procedure Appears to Be a Black Hole of Grief and First Person: I am a ✂️ FSO who was ✂️ raped in ✂️… Continuing on has been ✂️ incredibly difficult… and other links below).

On November 22 last year, the State Department directed a task force to create a new section in the Foreign Affairs Manual for sexual assault (see U/S For Management Directs Task Force to Create New Sexual Assault FAM Guidance). In December, we posted an update when the State Department told us that “The Department is committed to the work the taskforce is doing to create a sexual assault section for the FAM, work that will continue past inauguration day.” (see @StateDept Task Force For New Sexual Assault FAM Guidance – An Update). Through the last few months we have regularly checked in with the State Department to follow-up on the new regulations.

Today is exactly six months to the day when an inter-bureau taskforce was directed to create a new section in the Foreign Affairs Manual for guidance on sexual assault.  The State Department’s Bureau of Public Affairs — that in the past had been responsive in assuring us that the agency is committed to the creation of the sexual assault regulations —  did not acknowledge nor respond to our inquiry as of this writing.

So let’s ask their boss — how much longer Secretary Tillerson before the Foreign Service gets its sexual assault reporting guidance?

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Sexual Assault Related posts:

 

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Burn Bag: Where Grievances Won’t Get Brushed Under the Rug?

Via Burn Bag:

“For the person who got sexually assaulted while working as a FSO at the State Department at one of their missions, and who doesn’t want to report it to State Dept officials and/or the police, he/she can always go to the Legat office, or at a smaller Embassy find out which Legat covers their Embassy and report the crime to their office.  Legats and Assistant Legats are FBI agents who work overseas, and they are not affiliated with the State Dept.  Therefore, their grievances won’t get brushed under the rug, and they can make sure some REAL accountability is obtained.”

via tenor.co

 

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@StateDept Task Force For New Sexual Assault FAM Guidance – An Update

Posted: 12:57 am ET

 

We’ve written about nine blogposts on sexual assaults and/or lack of clear sexual assault reporting guidance in the Foreign Service since August this year (see links below).   On November 22, the State Department finally directed a task force to create a new section in the Foreign Affairs Manual for sexual assault (see U/S For Management Directs Task Force to Create New Sexual Assault FAM Guidance).

Mindful that there are 35 days to go before a new administration takes office, we requested an update on the task force convened by “M” to craft the sexual assault guidance in the FAM.

A State Department spox sent us the following:

“The Department is committed to the work the taskforce is doing to create a sexual assault section for the FAM, work that will continue past inauguration day. Currently, the Department has policies and procedures relating to sexual harassment and workplace violence. Employees and their family members can receive assistance and advice from MED, DS and S/OCR on these issues.

 The taskforce is initially focused on establishing FAM definitions and will then build out the program, communications and training. The group has met with Peace Corps and will soon meet with DOD to understand what each has done on this issue. Both of those agencies dedicated several years to building their programs.

The taskforce includes members from MED, HR/ER and HR/DGHR, M staff and M/PRI, DS/DO/OSI and DS front office, S/OCR, and L. The group has also heard from a number of diplomatic community members at post who were eager to contribute ideas and offer feedback throughout the process. The group welcomes this contribution and feedback.”

 

So 35 days to go but we already know that the new guidance will not be ready until after January 20. We are pleased to hear that the taskforce is consulting with both DOD and Peace Corps who each has its separate reporting mechanism.  We are certain that the bureaucracy will continue to grind despite the transition but we do not want this to fall through the cracks.  If you are a member of the Foreign Service who provided feedback to this taskforce, and if you are a member of the FS community who considers an assault on one as an assault on all, you’ve got to keep asking until this gets done.

The Department’s Anti-Harassment Program is managed by the S/OCR, an office that reports directly to the Secretary of State. It conducts inquiries into allegations of sexual and discriminatory harassment in the Department.  It is not the appropriate office to handle sexual assault crimes. To initiate the EEO complaint process, regulations require that employees contact S/OCR or an EEO counselor within 45 calendar days of the alleged discriminatory act in order to preserve the right to file a formal complaint of discrimination with S/OCR. Email: socr_direct@state.gov.

The Department’s policy on workplace violence is governed by 3 FAM 4150, last updated in April 2012.

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Under Employees’ Responsibilities, the FAM provides the following guidance:

In the event of an immediately threatening or violent situation, all Department of State employees should:

(1) If the incident takes place in the United States, call 911 when there is an injury or an immediate risk of injury in the workplace;

(2) Alert the appropriate law enforcement or security office at his or her location when there is risk to his or her safety or the safety of others, injury, or immediate risk of injury. In the Washington, DC area dial extension 7-9111 or the appropriate telephone number for the law enforcement or security office at his or her location;

(3) Immediately report threatening or violent behavior to supervisors after securing emergency medical assistance as needed;

(4) Move to a safe area away from the individual(s) making threats or exhibiting violent behavior. Do not confront the individual or individual(s); and

(5) Take all threats and acts of violence seriously.

A close reading of this section on workplace violence, makes one think that perhaps the drafters were thinking of an employee “going postal”. This certainly provides no guidance for victims of sexual assault.  “Take all threats and acts of violence seriously,” of course, doesn’t make sense when one contemplates about a colleague who is also a rapist. It’s important to note that approximately 3 out of 4 of sexual assaults are committed by someone known to the victim; that “friend” or “buddy” is not going to threaten you that he’s going to assault or rape you before he commits the crime.

The workplace violence section has more guidance on what to do with an employee exhibiting violent behavior than what to do with the victims. Immediate actions recommended include review of “whether an independent medical exam should be offered” to the violent employee. Short-term and long-term responses include administrative leave; counseling from supervisor or higher management official; appropriate disciplinary action, up to and including separation; curtailment; and/or medical evacuation. All focused on the perpetrator of workplace violence.

Yes, the Department has policies and procedures relating to sexual harassment and workplace violence; and you can see that they are sorely lacking when it comes to addressing sexual assaults.

 

Sexual Assault Related posts:

 

 

 

Sexual Violence: Why Is a Consistent Definition Important? Attn: @StateDept Task Force

Posted: 12:41 am ET

 

Via the Centers for Disease Control and Prevention:

Why Is a Consistent Definition Important?

A consistent definition is needed to monitor the prevalence of sexual violence and examine trends over time. In addition, a consistent definition helps in determining the magnitude of sexual violence and aids in comparing the problem across jurisdictions. Consistency allows researchers to measure risk and protective factors for victimization in a uniform manner. This ultimately informs prevention and intervention efforts.

Sexual violence is defined as a sexual act committed against someone without that person’s freely given consent.  Sexual violence is divided into the following types:

  • Completed or attempted forced penetration of a victim
  • Completed or attempted alcohol/drug-facilitated penetration of a victim
  • Completed or attempted forced acts in which a victim is made to penetrate a perpetrator or someone else
  • Completed or attempted alcohol/drug-facilitated acts in which a victim is made to penetrate a perpetrator or someone else
  • Non-physically forced penetration which occurs after a person is pressured verbally or through intimidation or misuse of authority to consent or acquiesce
  • Unwanted sexual contact
  • Non-contact unwanted sexual experiences

Completed or attempted forced penetration of a victim ─ includes completed or attempted unwanted vaginal (for women), oral, or anal insertion through use of physical force or threats to bring physical harm toward or against the victim. Examples include

  • Pinning the victim’s arms
  • Using one’s body weight to prevent movement or escape
  • Use of a weapon or threats of weapon use
  • Assaulting the victim

Completed or attempted alcohol or drug-facilitated penetration of a victim ─ includes completed or attempted unwanted vaginal (for women), oral, or anal insertion when the victim was unable to consent because he or she was too intoxicated (e.g., incapacitation, lack of consciousness, or lack of awareness) through voluntary or involuntary use of alcohol or drugs.

Completed or attempted forced acts in which a victim is made to penetrate a perpetrator or someone else ─ includes situations when the victim was made, or there was an attempt to make the victim, sexually penetrate a perpetrator or someone else without the victim’s consent because the victim was physically forced or threatened with physical harm. Examples include

  • Pinning the victim’s arms
  • Using one’s body weight to prevent movement or escape
  • Use of a weapon or threats of weapon use
  • Assaulting the victim

Completed or attempted alcohol or drug-facilitated acts in which a victim is made to penetrate a perpetrator or someone else ─includes situations when the victim was made, or there was an attempt to make the victim, sexually penetrate a perpetrator or someone else without the victim’s consent because the victim was unable to consent because he or she was too intoxicated (e.g., incapacitation, lack of consciousness, or lack of awareness) through voluntary or involuntary use of alcohol or drugs.

Nonphysically forced penetration which occurs after a person is pressured verbally, or through intimidation or misuse of authority, to consent or submit to being penetrated – examples include being worn down by someone who repeatedly asked for sex or showed they were unhappy; feeling pressured by being lied to, or being told promises that were untrue; having someone threaten to end a relationship or spread rumors; and sexual pressure by use of influence or authority.

Unwanted sexual contact – intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person without his or her consent, or of a person who is unable to consent or refuse. Unwanted sexual contact can be perpetrated against a person or by making a person touch the perpetrator. Unwanted sexual contact could be referred to as “sexual harassment” in some contexts, such as a school or workplace.

Noncontact unwanted sexual experiences – does not include physical contact of a sexual nature between the perpetrator and the victim. This occurs against a person without his or her consent, or against a person who is unable to consent or refuse. Some acts of non-contact unwanted sexual experiences occur without the victim’s knowledge. This type of sexual violence can occur in many different settings, such as school, the workplace, in public, or through technology. Examples include unwanted exposure to pornography or verbal sexual harassment (e.g., making sexual comments).


Reference

Basile KC, Smith SG, Breiding MJ, Black MC, Mahendra RR. Sexual Violence Surveillance: Uniform Definitions and Recommended Data Elements, Version 2.0. Atlanta, GA: National Center for Injury Prevention and Control, Centers for Disease Control and Prevention; 2014.

 

Sexual Assault Related posts:

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Peace Corps OIG: 53% of Rapes Perpetrated on Volunteers Not Reported, See Why

Posted: 2:18 am ET

 

The Inspector General for the Peace Corps released its final evaluation report of the Peace Corps’ Sexual Assault Risk Reduction and Response Program.  The report notes that there were 513 sexual assaults entered into the Peace Corps’ Consolidated Incident Reporting System between September 3, 2013 and September 29, 2015.

In 2014, Volunteers reported 251 sexual assaults and there were 241 sexual assaults in 2015. The assaults in 2015 included 52 rapes, 35 aggravated sexual assaults, and 154 non-aggravated sexual assaults.

The main findings are:

  • The Peace Corps largely complied with the requirements in the Kate Puzey Act.
  • Compared to our SARRR evaluation in 2013, the Peace Corps markedly improved how it supported Volunteers who had reported a sexual assault. However we found individual cases where the Peace Corps did not meet its standard to respond effectively and compassionately to victims of sexual assault, including a few instances of victim blaming and improperly sharing confidential details with staff.
  • Some applicants were either not aware of the crime and risks previous Volunteers had faced in their country of service or they did not understand the information that was provided to them.
  • The SARRR program did not fully utilize some staff with SARRR expertise. The SARRR program would also benefit from a risk reduction strategy that tailors training to the country of service, addresses the risks of sexual harassment, and identifies factors that make sites unsafe.
  • Finally, the SARRR training’s design and delivery may have detracted from Volunteer comprehension and learning.

The Kate Puzey Peace Corps Volunteer Protection Act of 2011 (the Kate Puzey Act) required the Peace Corps to undertake a number of reforms, including providing sexual assault risk reduction and response (SARRR) training for Volunteers, developing a comprehensive SARRR policy, and training overseas staff on that policy. The Act directed the Peace Corps OIG to evaluate the effectiveness and implementation of the training and policy, and to review a statistically significant number of sexual assault cases.

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Stats on Rapes and Sexual Assaults

Peace Corps Volunteers and trainees reported 251 sexual assaults in 2014 and 241 sexual assaults in 2015. The assaults in 2015 included 52 rapes, 35 aggravated sexual assaults, and 154 non-aggravated sexual assaults.  Female Volunteers reported the majority of these sexual assaults (228 cases). Male Volunteers reported 13 sexual assaults including 1 rape, 6 aggravated sexual assaults, and 6 non-aggravated sexual assaults.

Starting in 2014, the Peace Corps began surveying Volunteers at the close of their service regarding crimes they had experienced and not reported to the agency. Survey results indicated that the proportion of Peace Corps victims who did not report one or more rapes or aggravated sexual assaults was similar to the proportion of Peace Corps victims who did not report other crimes: roughly 50 percent of crimes against Volunteers were not reported. This Peace Corps analysis indicated that 53 percent of rapes and 49 percent of aggravated sexual assaults were not reported. It also showed that 85 percent of surveyed respondents who experienced at least one non-aggravated sexual assault had not reported one or more of them to the Peace Corps.

Available Help and Agency Reporting

The evaluation found that the agency had provided contact information for: the Peace Corps Inspector General, a 24-hour sexual assault hotline for Volunteers, the Peace Corps Office of Victim Advocacy, and the Sexual Assault Response Liaison in the Volunteer’s country of service as required by the Act.
[…]
The Kate Puzey Act required the Peace Corps to create a system “for restricted and unrestricted reporting of sexual assault.” Volunteers may file either a “restricted” or a “standard” report, depending on which response services they would like the agency to provide. According to MS 243 Procedures, the restricted reporting option “allows Volunteers to request certain specific services without dissemination of personally identifying information about the Volunteer or the details of the sexual assault beyond those who are directly providing the services, and without automatically triggering an official investigative process.” The agency treats all reports as restricted until the Volunteer decides to choose a standard report, and a Volunteer may elect to convert his or her restricted report to standard at any time.

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Some Volunteers had not learned important information in the sexual assault risk reduction and response sessions, including the difference between restricted and standard reporting, the services available to a victim of a sexual assault, how to report a sexual assault incident, and the identity and role of Sexual Assault Response Liaisons at post. The training was insufficiently tailored to the country of service (as required by the Act), was not responsive to the needs of diverse Volunteers, and did not address the problem of sexual harassment. In addition, some staff delivered the training inconsistently due to poor training skills. Furthermore, the Peace Corps’ approach to assessing the Volunteer training was incomplete and did not provide a useful measure of training effectiveness.
[…]
[T]he agency often accommodated Volunteers’ requests to change sites for safety and security reasons, in some cases Volunteers were separated from the Peace Corps rather than relocated to another site. Volunteers we interviewed felt disenfranchised from the discussions regarding their safety and continued service.[…]We found that staff and Volunteers had a mistaken belief that they were limited to six or fewer counseling sessions after a sexual assault. As a result, some Peace Corps Medical Officers provided incorrect information about the availability of counseling. We concluded that some Volunteer sexual assault survivors could have been deterred from reporting their need for counseling.

Non-Reporting Analysis

The analysis summarized the primary reasons Volunteers had not reported their sexual assaults, which included: embarrassment, self-blame, not perceiving the sexual assault as a crime or serious event, and believing that there was nothing the Peace Corps could do about the assault. For non-aggravated sexual assaults—which were both the most frequently reported type of assault, as well as the most under reported—surveyed Volunteers had not reported them for three main reasons: they did not think the incidents were serious or threatening; they perceived the incident as commonplace in the environment where they served; and they did not believe there was anything the Peace Corps could do to address it.

Other reasons that surveyed Volunteers said they had not reported their sexual assaults included concerns about how Peace Corps staff might respond, such as blaming the victim for their assault, failing to respect the victim’s privacy and confidentiality, or simply not responding to the victim in a timely and supportive manner. Volunteers also indicated in their survey responses that they had not reported a sexual assault because they anticipated adverse consequences, such as being required to change their site, sent home, or punished for having violated a Peace Corps policy. These concerns were significantly more pronounced for rape victims and aggravated sexual assault victims than for non-aggravated sexual assault victims.

Among surveyed Volunteers who had not reported their assaults to the Peace Corps because they were concerned about how staff would respond to them or the potential adverse consequences of reporting, a relatively high percentage had served at a small number of posts. Two of the 54 posts in the survey constituted almost 25 percent of the Volunteers who did not report their assaults because of these concerns. Nine posts represented nearly 50 percent of the Volunteers who had not reported an assault for similar reasons.

 

The PC/OIG review includes interviews with 127 staff, 72 Volunteers, visits to 6 countries, and review of 138 sexual assault cases.  The report also includes 36 recommendations for the Peace Corps.

The report is a crucial reference as the State Department task force works on FAM guidance for sexual assault in the Foreign Service. NSVRC also notes that supporting survivors means assisting them with financial burdens as well as physical & emotional ones. Read here: 

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From Someone Who Has Unfortunately Been There: Sexual Assault Trauma Triage in the Foreign Service

Posted: 1:51 am ET

 

In response to our post — First Person: I am a ✂️ FSO who was ✂️ raped in ✂️… Continuing on has been ✂️ incredibly difficult…, we received the following from a Foreign Service member who does not want to be identified but sent a note that says “here are some suggestions for sexual assault trauma triage in the FS, from someone who has unfortunately been there.”  

1. Reach out to someone outside of DOS for support, like friends and family back home whose discretion you trust. There is so much shame involved in sexual assault, but you do not have to go through this alone.

2. Find a therapist (PhD preferable). Sexual assault survivors report the most improvement with Cognitive Processing Therapy (CPT) and EMDR (you’ll likely have to do this domestically). If you can’t find a CPT sexual assault specialist, try going to your closest VA hospital’s website and look for one there. Reach out to her and ask for a private practice referral for sexual assault in a military-like service. Since you’re overseas, you may be able to find a private CPT specialist who does Skype/telephone. Be prepared to pay out-of-pocket, and it won’t be cheap. And speaking of costs: CPT for sexual assault may be the most psychologically taxing thing you’ve ever done, but it is worth it. I promise.

3. Consider a medical curtailment to get yourself out of the situation immediately. The only department that I trust at DOS is MED. Fill out a MED update form, and note the questions on what should be the second page (related to PTSD). Check whichever boxes are relevant to you. You can also write down there what happened to you—something as simple as “Sexual assault at Post” will suffice. They will have a psychiatrist reach out to you—and you can request a female psychiatrist. If they don’t immediately contact you, start calling twice a day until you get what you need. Depending on your symptoms, you may qualify for a Limited Class 2, but if you need to be back in the U.S. for intensive counseling (and there is no shame in doing so, your well-being is the priority), they can work with you on getting you a Class 4 so that therapy can happen domestically.

4. FSO Friend who wrote in: I know that curtailment can seem like he wins. But this is emergency triage, and you may need to retreat to a place of safety (far away from him) until you have healed enough to decide your next steps. This is a “put on your oxygen mask before attempting to help others” level-situation. Please don’t be ashamed of curtailment if that is what you need to do for you. You are the priority right now. Please don’t tough it out and expose yourself to further harm–including the psychological trauma of being around him regularly. And please don’t suffer in silence. Out of all of the organizations at DOS that claim that they can help, I believe that MED actually can help you. Please use MED if it’s appropriate for you.

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This is one person’s suggestions based on her experience and perspective and we’re passing this along for consideration. Since the sender did not provide a return email, we have not been able to ask follow-up questions. We have to respect that this is all that she is able to share at this time. She reached out to this blog out of concern for the FSO who was raped.  We will leave this up to you to consider which of her suggestions may be worth exploring depending on what feels appropriate in your case.

Read more about Cognitive Processing Therapy (CPT) (PDF).

Read here on the Eye Movement Desensitization and Reprocessing (EMDR).

Curtailment is the shortening an employee’s tour of duty from his or her assignment.  It may include the employee’s immediate departure from a bureau or post, or from assignments in the U.S.  3 FAM 2440 says that curtailment is an assignment action, not a disciplinary one. Folks, of course, know that in real life that’s not always true.

Please note that 3 FAM 2444 allows an employee assigned within the United States to request voluntary curtailment of his or her tour of duty for any reason “by submitting the request and an explanatory memorandum to the assignments panel via his or her counseling and assignments officer. The bureau of assignment must state its support for or opposition to the employee’s request.”  What happens if one is a sexual assault victim in a domestic assignment or while on extended TDY or on training and have to go through this to get curtailed from an assignment where the perpetrator is also located? Imagine this happening to an untenured employee. What  does one write in the explanatory memo — I was raped, and I need to curtail my assignment because my attacker is right next door? How many folks will get to see that memo? Something for the new State Department task force to think about.

We should add that another FS member’s medical clearance was downgraded to a Domestic only (Class 5)  after reporting to MED.  12 FAM 210 notes that Class 5 is issued to all who have a medical condition which is incapacitating or for which specialized medical care is best obtained in the United States.  Employees or eligible family members with a Class 5 medical clearance may not be assigned outside the United States.  So right there, that’s really scary stuff for Foreign Service folks.

On November 22, the State Department directed a task force to create a new Foreign Service Manual section for sexual assault (see U/S For Management Directs Task Force to Create New Sexual Assault FAM Guidance).

 

Sexual Assault Related posts:

 

 

U/S For Management Directs Task Force to Create New Sexual Assault FAM Guidance

Posted: 5:08 pm PT

 

The message below addressing sexual assault was sent to all State Department employees on November 22, 2016.  Several copies landed in our inbox.  The State Department sent us a note that says they want to make absolutely sure that we have seen this, and gave us an “officially provided” copy.

 

A Message from Under Secretary Pat Kennedy
November 22, 2016

Sexual assault is a serious crime.  It can traumatize victims and have a corrosive effect on the workplace.  The Department is determined to do all it can to prevent sexual assault, and, if it does occur, to support victims and bring the perpetrators to justice.  We are committed to effectively and sensitively responding to reports of sexual assault and to ensuring victims are treated with the care and respect they deserve.

The Department has policies and procedures relating to sexual harassment and workplace violence.  We recognize these policies may not address all issues specific to sexual assault and that sexual assault is more appropriately dealt with in its own FAM section.  At my direction, an inter-bureau taskforce is in the process of creating this new FAM section.  Among the issues the taskforce will take up are reporting processes, confidentiality, sexual assault response training, and potential conflict of interest issues.

As we work to complete a stand-alone sexual assault FAM section, it’s important to note that there are and have been policies and procedures in place to help employees and their family members who are sexually assaulted get the medical care they need and to bring perpetrators to justice.

Medical services are available at post, and personnel from the Bureau of Medical Services (MED) can also provide advice from Washington, DC.  Post’s Health Unit healthcare providers are the first responders for medical evaluation and treatment overseas and will abide by strict patient/provider confidentiality.  An employee or member of the Department community who has been sexually assaulted may also report the incident to MED’s Clinical Director (currently Dr. Behzad Shahbazian) at 202-663-2976 during business hours.  After hours and on weekends/holidays, victims may contact the MED Duty Officer at 202-262-9013 or via the Operations Center at 202-647-1512.

For reported sexual assaults that are committed by or against members of the Department community or occur within a COM facility or residence, RSOs serve as the law enforcement first responders.  Every reported sexual assault is handled as a criminal matter that may be prosecuted in the United States under federal extraterritorial laws.  For more guidance on the handling of such cases, see 16 STATE 56478.

If a victim overseas wants to report a sexual assault to law enforcement authorities, but prefers not to report it at post, he or she can contact the Office of Special Investigations (DS/DO/OSI), via telephone at 571-345-3146 or via email at DS-OSIDutyAgent@state.gov<mailto:DS-OSIDutyAgent@state.gov>.  The DS/DO/OSI duty agents are available 24 hours a day, seven days a week and can investigate an allegation independent of post management.  OSI agents have been trained to handle such cases and will work with the victim and can also provide information about the Victims’ Resource Advocacy Program available at vrap@state.gov<mailto:vrap@state.gov>.

Victims may also report sexual harassment directly to the Office of Civil Rights<http://socr.state.sbu/OCR/Default.aspx?ContentId=6666> (S/OCR) at http://snip.state.gov/f5h or via phone at 202-647-9295 and ask to speak with an Attorney-Adviser.  Pursuant to 3 FAM 1525, S/OCR oversees the Department’s compliance with anti-harassment laws and policies and conducts harassment inquiries.

The working group developing the new FAM section is consulting with other agencies about best practices in such areas as communication, training, and post-attack medical and mental health support and will integrate appropriate elements of these programs to ensure that the Department’s policies on sexual assault are victim centered and effective.

The Department’s position is clear: there is zero tolerance for any form of violence, including sexual assault, within our Department community. We understand these are sensitive and difficult situations, but we strongly encourage victims to come forward so the Department can take the appropriate steps to ensure the victim’s safety and bring the perpetrator to justice.

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Sexual Assault Related posts:

A Sexual Assault Reporting Process Foreign Service Members Deserve: If Not Now, When? Attn: @JohnKerry #16days

Posted: 2:13 am ET
Updated: 11:47 am PT

 

For victims/survivors of sexual assault, please see Sexual Assault in the Foreign Service — What To Do?  Consider below as a follow-up post to The State Dept’s Sexual Assault Reporting Procedure Appears to Be a Black Hole of Grief.

The following is provided for general information that is intended, but not guaranteed, to be correct and up-to-date. Please do not consider the following legal advice as we are not lawyers; read the full necessary disclaimer below.

The Rape, Abuse & Incest National Network (RAINN) has the following sexual violence statistics:

  • On average, there are 288,820 victims (age 12 or older) of rape and sexual assault each year in the United States
  • Ages 12-34 are the highest risk years for rape and sexual assault
  • 90% of adult rape victims are female
  • 94% of women who are raped experience post-traumatic stress disorder (PTSD) symptoms during the two weeks following the rape.
  • 30% of women report PTSD symptoms 9 months after the rape.
  • 33% of women who are raped contemplate suicide.
  • The majority of perpetrators are someone known to the victim. Approximately 3 out of 4 of sexual assaults are committed by someone known to the victim

Rape notification rates differ depending on whether the victim know the perpetrator — those who knew a perpetrator were often less likely to report the crime, according to RAINN. A report (PDF) published by the National Sexual Violence Resource Center says that many survivors experience great difficulty in disclosing a sexual assault, especially when the perpetrator is known to the victim. The study is focused on rural America where “the propensity to not report may be reinforced by informal social codes that dictate privacy and maintaining family reputation. Sexual assaults in rural areas are mostly hidden crimes, hidden both intentionally and unintentionally by characteristics of a close-knit culture or an isolated lifestyle.”  Rural communities like small towns as places where “everybody knows everybody.” Sounds familiar?

A victim will have little anonymity. It means she, or a friend or family member is likely to be acquainted with or related to the perpetrator and that she may reencounter the perpetrator, even on a regular basis. Furthermore, “the closer the relationship between victim and assailant, the less likely the woman is to report the crime” (Hunter, Burns-Smith, Walsh, 1996). Studies have quite consistently pointed to the importance of the victim-offender relationship in affecting the propensity to report (Pollard, 1995; Ruback, 1993, Ruback & Ménard, 2001). In rural areas, law enforcement is likely to be part of the social network (Sims, 1988; Weisheit, Wells & Falcone, 1994; Weisheit, Wells & Falcome, 1995). This compounds the problem of reporting non-stranger sexual assaults.

We need to point out that in the Foreign Service, particularly overseas, Diplomatic Security law enforcement –as in rural communities and small towns — is part of the social network.

We should also note that a 2002 study by Lisak-Miller indicates (PDF) that a majority of the undetected rapists were repeat rapists. The repeat rapists averaged 5.8 rapes each.

According to the Callisto Project, which provides survivors with a confidential and secure way to create a time-stamped record of an assault in American campuses less than 10% of survivors will ever report their assault. Survivors wait an average of 11 months to report their assault to authorities and up to 90% of assaults are committed by repeat perpetrators.  Callisto’s CEO Jess Ladd told us that someday she would like to make available their product within other institutions (including companies and agencies) and to have a free version that anyone can use to store what happened.  But Callisto is not there yet.


Foreign Service Victims’ Concerns

Among the concerns we’ve heard so far are: 1) lack of clear reporting process, 2) confidentiality, 3) sexual assault response training, 4) potential conflict/undue pressure on investigators/managers who may be friends, colleague, or subordinates of perpetrators, and 5) lack of sexual assault data.

As we’re written here previously DOD and Peace Corps provide restricted and unrestricted reporting for victims, but that does not appear to be the case in the Foreign Service.  The State Department has over 275 posts in about 180 countries. The agency’s Diplomatic Security has Regional Security Offices in most locations but not all.  The State Department has previously told this blog that Diplomatic Security’s Office of Special Investigations  “receives and catalogues allegations and complaints. Allegations are neither categorized by location nor by alleged offense.” Which begs the question, how will the State Department know if it has sexual predators living among its various communities particularly overseas if it does not track these types of offenses?

Due to the lack of clear reporting process — except “report to RSO” or “contact OSI,” victims (as well as this blog) have no way to independently assess what reporting entails. We don’t know what kind of confidentiality is afforded the victims. Among other concerns and questions:

  • When we asked an FS assault victim if there is any good option for reporting sexual assault, we were told bluntly, “There is no good option. That’s what the predator knows.” 
  • When a victim reports to RSO overseas, we know that the RSO is supposed to contact State/OSI, but who else has access to that information?   Embassy/post leadership? Which officials in the embassy hierarchy?  Will the local Health Unit be informed? The CLO? State/MED? DS Command Center?  And will reporting victims be informed in advanced who their information will be shared with and the specific reason for sharing their information?
  • Do DS/OSI investigators travel to the location of the assault to investigate? Time and evidence collection are of the essence in sexual assault reporting.  If yes, how quickly?  Is there a have rapid response team? What should the victim do while waiting for the arrival of DS/OSI investigators? Not shower? Not go to work?
  • In countries where sexual assault victims are jailed for “promiscuity”, what is the State Department’s policy and recommendation to someone assaulted in a place where requesting a rape kit means going to jail? Would the Department work with local authorities to actually protect the victim from prosecution while DS investigates or would they just allow an already traumatized victim to get PNG’d and force them to pack up and leave?
  • How will the victim’s report be transmitted to DS/OSI? Via unclassified email? Via fax? Via phone? In the case of emails, what restricts that information from being forwarded with a click of a mouse, or the record being compromised intentionally or unintentionally?
  • How are victims’ reporting records protected?  What are the consequences for an employee/s with access to the victim’s report who shares it with an unauthorized entity or individual? What if it is shared with a colleague, or a friends, or a family member?
  • What kind of training do RSOs get to enable them to assist sexual assault victims overseas? “Does every single RSO in the world know a designated medical facility to process a rape kit?” Or for that matter, do Health Units at overseas posts even have this information available?
  • Victims who report to RSO or DS/OSI would like to know if the officers receiving their sexual assault reports represent the victims’ interests or State Department interests?
  • What support is available to victims? What can victims expect after they report their assaults?  What consequences will their reporting have on their medical clearance and assignments? What kind of work accommodation will be extended to them, if needed? Who will be their effective has the responsibility to advocate for them if they need to file workers’ comp from the Department of Labor?
  • How are perpetrators — who are not strangers — handled by the State Department?  This is not a hypothetical question.  An OIG investigation indicates that one security officer’s alleged sexual misconduct spanned 10 years and 7 posts.  In that case, the Department never attempted to remove the RSO from Department work environments where the RSO could potentially harm other employees.  DS agents investigating the 2011 allegations reported to DS management, in October 2011, that they had gathered “overwhelming evidence” of the RSO’s culpability.  These agents encountered resistance from senior Department and DS managers as they continued to investigate the RSO’s suspected misconduct in 2011. The OIG found that the managers in question had personal relationships with the RSO.  Folks who work at the State Department should ask questions like who are these senior Department and DS managers who allowed this to happen for 10 years and 7 posts?  Do they have other friends that they have similarly protected? What happened to the victims at 7 posts? What support were available to them?  What responsibility does the State Department have for not removing that employee despite overwhelming evidence of culpability?


FOIA Diplomatic Security’s sexual assault cables?

As readers here know, there is no official guidance in the FAM on reporting sexual assault in the Foreign Service (see The State Dept’s Sexual Assault Reporting Procedure Appears to Be a Black Hole of Grief). We’ve requested the unclassified cables that were released by DS/OSI in 2015 and earlier this year on sexual assault reporting (15 State 71370;  15 State 79760;  and 16 STATE 5647all reportedly available at DS/OSI intranet). Since the information is unclassified and it could be useful information, we thought we could save time and money by requesting these through regular channels without having to FOIA them. We appreciate the efforts of those who were trying to obtain these for us through regular channels; we understand some folks worked through the weekend to attend to this requests. Thanks, folks!  Late Monday, we got word from a State Department spokesperson:

“Our thanks for your patience while the Department reviewed the practice of releasing State Department internal cables to members of the public or media. At this stage, a decision has been made that we are unable to release cables in this manner.”

Unbelievable! But it is what it is.  We need, therefore, to FOIA these unclassified cables. Given State’s FOIA processing record, we don’t expect to see these cables until 1-2-3-4 years down the road. We might be dead of heartbreak by then.


State/OIG Hotline and Office of Special Counsel

State/OIG has reiterated to us that that their office takes allegations of rape and sexual harassment very seriously and repeated the response they provided us back in August here.  Note that we have already been told that cases like this should not be reported to the OIG Hotline.  Read more here: Another Note About the Burn Bag–There’s No Easy Way of Doing This, Is There?.  State/OIG told us that Department employees who believe they have been subjected to whistleblower retaliation may contact OIG or the Office of Special Counsel (OSC). OIG can help the individual in understanding their rights and may investigate the retaliation, as well as alert the Department to any illegal reprisal.  State/OIG also said: “By no means do we want to discourage anyone from contacting our Hotline, but such a serious crime as a rape needs to be dealt with immediately and that’s why we recommend a call to local law enforcement.”

Continue reading

First Person: I did everything right. I filed a report the next business day … #FSassault

Posted: 12:55 am  ET

 

I did everything right. I filed a report the next business day with RSO. The accused was removed from post shortly thereafter. 

My victimization didn’t really begin until I sought assistance 6 months later from MED when I arrived at my next post. MED sent me on a MEDEVAC to DC from my post to a facility that didn’t treat trauma and required I take a $60 taxi each way daily from Oakwood Falls Church where most of my colleagues from my unaccompanied post were staying due to long term training. 

MED refused to discharge me for weeks despite requests for relocation and a new treatment plan. I finally found my own providers online when the State Department didn’t provide a list of referrals prior to my discharge. 

Then, the MEDEVAC team advised me of their recommendation for a Class 5 medical clearance (domestic only) without ever speaking to my psychiatrist and without providing a reason. 

I filed appeals of my medical clearance without success all the way to the Director General. 

MED refused to assist with my PTSD claim for worker’s compensation despite the reported incident occurring at the U.S. Embassy in a warzone where we can’t leave the compound. 

My out of pocket medical expenses (therapist/ psychiatrist/medicine) would not be covered once my MEDEVAC ended. My housing was paid for at my post and my children were enrolled in the international school. We didn’t receive our HHE for 6 months after having someone else pack out our goods. 

Without access to the State Department system, it was nearly impossible to secure an onward assignment. I didn’t have contact information for my 360s and no access to my employee profile. I went house shopping in DC with a realtor and was advised there was no suitable housing for a family of my size at an amount I could afford. Washington, DC has bedroom occupancy regulations which made it difficult to accommodate. 

The State Department sent me to the brink of financial ruin. I took a huge pay cut, lost my paid housing, my kids lost their prestigious school, and my spouse lost job opportunities available at post all because I was a victim and sought assistance from MED.

*

The account above is an unsolicited email from a Foreign Service employee who did not want us to use her name but wanted to share her story. She said she previously served in Israel, Iraq, Colombia, Venezuela, Georgia, and Afghanistan, all with a Class 1 medical clearance, meaning “worldwide available” for Foreign Service assignments. She told us she was also last promoted in 2015. 

According to her, Diplomatic Security asked if she wanted to go to the medical unit but she declined. Regarding the perpetrator, she said, “I have no verification that he is overseas with his family, but he is listed on the GAL [global address list] and so is his wife.”  She added, “He had also destroyed government property ✂️ and was highly intoxicated in the middle of the night when he was subdued by security. It apparently had no effect on his security clearance or medical clearance as he had the ability to serve overseas at his next post with his family.” 

She said that she chose to stay at her post in the warzone until the end of her tour so she would not lose her onward assignment. She arrived at her onward post in Europe and was  subsequently medically evacuated (MEDEVAC) after she contacted MED.

She told this blog, “I was never hospitalized. I was never a threat to myself or others. It is hard to believe that this is my life. The biggest issue I have is that I was never provided a reason as to why my clearance was denied other than a generic “best care is available in the U.S.” 

The post she was evacuated from is a European post with high level of medical care including English speaking therapists and psychiatrists. Post has a resident regional medical officer (RMO) and a resident regional medical officer/psychiatrist (RMO/P).

The FS employee told us she is on leave without pay and believed that her OWCP claim (Office of Workers’ Compensation Programs) for PTSD was one of the factors in the downgrading of her medical clearance.

She shared with us an OCWP letter in which “Under Accepted Event(s) That Are Factors of Employment” is this:

“– That while assigned to the US embassy in ✂️ from 2014-2015. you were sexually harassed and assaulted by a colleague who was under the influence of alcohol after checking on him at his room.” 

We hope to have a follow-up post on the MED – OCA – OCWP mess.

 

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First Person: I am a ✂️ FSO who was ✂️ raped in ✂️… Continuing on has been ✂️ incredibly difficult…

Posted: 12:45 am ET

 

Below is a redacted version of the Burn Bag we received. The red scissor indicates the parts of the Burn Bag that we purposely snipped (see explanation below):

I am a ✂️ FSO who was ✂️ raped, in  ✂️

It has been an extremely painful ….. ✂️

Continuing on has been an (sic) incredibly difficult.

To have to continue to go ✂️  with this threatening and frightening person still present and looming around, has been terrifying.

In addition to not feeling safe with this violent criminal down the hallway, I have been grappling in fear and lost about what to do.

Like the grim picture your recent article on sexual assault reporting paints, it’s been hard to gather information on what to do.

I’ve heard of two accounts of other FSOs who’ve been sexually assaulted and these violent criminals are still serving as diplomats, with no apparent justice served despite their efforts to address the issue through HR.

I have many specific questions. ✂️

Is there some place outside of the State Dept and other than the police where one can make a report?

✂️ [W]hat about when the assailant is of equal “rank,” particularly, also a FSO? I’ve heard that in these situations, although both the victim and perpetrator were both FSOs, that it tends to discount the crime overall because it’s “embarrassing” to the Department that a FSO would do this. In the end, the female FSO who was assaulted seems to get no real justice. ✂️

What about AFSA? Is there anyone we can talk to at AFSA who has past experiene or specializes in Sexual Adsault (sic) and Harrassment issues in the FS?

I know that this is sent anonymously and that I can’t get these answers directly.

So I hope that Diplopundit will consider an update to the Sexual Assault blog around the questions I’ve raised ✂️

You have at least one oerson (sic) here in the FS family suffering greatly who would appreciate any information or guidance. Thank you.

*

Redacted Burn Bag – a Rare Exception

As we’ve previously written here, we received this Burn Bag submission regarding sexual assault in the Foreign Service. We have no way to contact the sender directly but we know that she reads this blog (90% of adult rape victims are female, so we will use the feminine pronoun in this blogpost). She wanted us to have the information for publication since she did send the information via Burn Bag. While we almost never redact/edit the Burn Bag submissions we post in this blog, we are making a rare exception here.  We are doing so because we have serious concerns that posting all details and locations contained in the Burn Bag submission could identify the victim/assault survivor or alert the perpetrator. While the Burn Bag is clearly intended for publication, we do not wish to place the victim/survivor in potential additional jeopardy, and that’s why this version is redacted.

We should note that this is the second anonymous FSO who reported to us their sexual assault while in the Foreign Service. A third employee who did not want us to use her name has also recently reached out to this blog about her assault while posted in a war zone. She shared  the fallout from her reporting and we will post that account separately.

 

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