Vanessa Guillen's family battling in Congress to get military reforms into defense bill

A legislative amendment in Congress would for the first time allow military victims of sexual abuse to file a claim and receive financial compensation if their cases were mishandled, according to a copy of the proposal provided to Univision.

Under current law, members of military units – unlike civilians – are not allowed to claim damages for sexual abuse through the government's compensation system. Nor can they file lawsuits in civil courts against the military for damages.

The amendment, filed by New York Senator, Kirsten Gillibrand, is one of the goals of legislation being pushed by the family of U.S. Army Specialist Vanessa Guillen, who was murdered while on duty at Fort Hood, Texas in April 2020.

The family is fighting to remove the invesigation and prosecution of sexual abuse cases from the soldier’s direct chain of command, which has been identified by advocates of reform as one of the biggest obstacles to justice for the victims of abuse.

Under the current system, investigators are often linked to a victim's chain of command and can have personal relationships with those accused of a crime. As a result, victims often are subject to retaliation if they come forward.

The legislation initially was called the I Am Vanessa Guillen Act in recognition of the social media hashtag that went viral after her death, reflecting the shocking prevalence of abuse in military ranks.

The issue is now being considered as part of the massive National Defense Authorization Act (NDAA), the annual legislation that fund the nation’s defense policies, costing $740 billion last year.

The Guillen family attorney Natalie Khawam said she pushed for Gillibrand to add the amendment in the Senate after it was left out of a House of Representatives version of the legislation.

“Our soldiers need and deserve recourse just like any victim of sexual misconduct," said Khawam, who has represented the Guillen family pro bono since their daughter's death in April 2020. "Without recourse, there is no teeth in this legislation, and thereby there will be no accountability,” she added.

The Guillen family has been active in Washington seeking the support of members of Congress, including the Hispanic Caucus, as well as veterans groups and national women’s organizations. The House has already passed its version of the NDAA which removes the handling of cases of sexual assault and harassment from the chain of command via the creation of an autonomous system within the military.

Later this year the House and Senate will resolve the differences in the two versions in what is known as “conference committee,” a process designed to draft compromises between the positions of the two chambers, which are then submitted to the full House and Senate for approval. The final version will emerge by December.

“We’re encouraged to see it’s movement in Congress and ultimately providing a safe environment for our men and women in the military,” said Robert Couture, director of communications for the Veterans of Foreign Wars, which has 1.5 million members and is the largest organization for former members of the armed forces.

Pentagon breakthrough

In a major breakthrough, the Pentagon has accepted changes to the way in which sexual abuse will be handled in the future with the creation of a new and autonomous Office of Special Victims Prosecutors outside the chain of command.

“I believe the progress we have made is incredible. We are at the final stage to change the law and history for our brave soldiers,” said Khawam.

But the Pentagon still opposes the claims amendment which could add a hefty bill to the military budget.

In late April, a year after Guillen's disappearance, the Army finally confirmed that the 20-year-old soldier was sexually harassed at Fort Hood, as her family had suspected all along. Another Fort Hood soldier, Aaron Robinson, allegedly beat Guillen to death with a hammer. Robinson fatally shot himself July 1, 2020, as authorities sought to question him, according to police.

Others argue the legislation doesn’t go far enough, and advocate allowing lawsuits for damages in civil court as well. The proposed amendment would only allow claims to be made within the government bureaucracy, with compensation for loss of income as well as up to $850,000 noneconomic damages, such as emotional pain and suffering.

The amendment is also being resisted by lobbyists representing the trial lawyers association, led by the American Association for Justice, according to the Guillen family. The AAJ did not answer several requests for comment, but its members would prefer to see cases moved to civilian court where they practice.

Under current law, known as the Feres Doctrine, members of the military who suffer any kind of injury or injustice while on active duty, are prohibited from suing the federal government in civil court, except for medical malpractice in the Veterans health system.

All cases involving sexual abuse are currently handled within the military court system. For example, after an Army Col Kathryn Spletstoser accused Air Force Gen. John Hyten, the Pentagon’s No 2 military official, of making repeated unwanted sexual advances in 2019, he claimed his military service protected him from being sued, citing the Feres Doctrine.

Despite the limitations the proposed changes in the NDAA will make a difference said Col Don Christensen, president of Protect Our Defenders, another group advocating for military reform. “It’s a good move in the right direction,” he said. “Anything that potentially can give some kind of redress to those that have suffered damages would be welcome to see,” he added.