Editor's note: This story includes details of sexual harassment and assault.

A paralyzed woman Veteran was in her Department of Veterans Affairs hospital room when a male Veteran came in, exposed himself and made lewd comments.

Because she has limited use of her arms and legs, the man "made her feel very unsafe, as she would be physically unable to defend herself" if he attacked her, Paralyzed Veterans of America told members of Congress.

A male Veteran told a woman Army Veteran at a VA medical facility that he would "love to grab a fistful of that red hair and show you how a man can really make you feel" and said she did not "look like a Veteran."

Those were just two of many stories of harassment Veterans shared with lawmakers in written testimony Wednesday.

Capitol Hill lawmakers wanted answers from VA after a Government Accountability report showed that one in four employees at the massive federal agency experienced sexual harassment and one in three staff witnessed harassment. Previous VA data showed one in four women Veterans also face harassment at VA medical facilities and that some women Veterans delayed care because of it.

They weren't convinced preventing harassment is a major priority at VA.

VA officials touted recent accomplishments, including a growing number of women Veterans seeking care through the department, the results of in-house customer satisfaction surveys, its ballooning budget and how it has handled the coronavirus pandemic so far. But they provided few substantive details on how VA is reducing harassment and holding those who perpetrate it accountable today, focusing mostly on changes that could take years to implement -- until 2024, in some cases.

The joint hearing between the Women Veterans Task Force and House Veterans Affairs oversight and investigations subpanel was held Wednesday in response to the Government Accountability Office report released last week that showed the prevalence of employee sexual harassment, and policies to prevent and address that harassment "are inconsistent and incomplete" and hinder VA's ability to protect employees.

Data shows employees and patients at VA face pervasive sexual harassment, which Rep. Chris Pappas, D-N.H. called "deeply troubling" and arguing that VA's "pace must increase" and preventing and addressing harassment must be a "much higher priority."

"VA is not doing enough," Pappas said.

GAO's report noted a lack of accountability in implementing programs and policies that could prevent and address harassment.

Four years after announcing plans for a VA Harassment Prevention Program, VA still has not formally approved the effort, intended to prevent harassment and address it "before it becomes unlawful." Equal Employment Opportunity violations reported at VA, including for harassment, can take years to resolve.

"Only through accountability can we bring sexual harassment at the VA to an end," said Rep. Jack Bergman, R-Mich. "Three years to process a complaint does not inspire confidence that the system is working efficiently or effectively."

Chairman Rep. Mark Takano cited documents showing VA has recognized harassment as an issue within the department since the early 1990s.

"I'm growing impatient with this," he said. "If you need more money... come back and tell us what you need."

Rep. Mike Bost, R-Ill., was also visibly frustrated by how long VA said it could take to enact some of its planned changes.

"We're having trouble trying to find out why it's going to take VA this long to implement changes on such a vital issue," he said.

Acting VA Deputy Secretary Pamela Powers, in her first testimony before Congress in her new role, said VA does not tolerate behaviors that create intimidating, offensive or hostile environments.

"As a Veteran who uses VA health care myself, ensuring our VA facilities are welcoming and safe is a personal issue for me as well," she said, touting the increasing number of women seeking care through VA (41 percent, or about 800,000).

"I do know it happens," she said of sexual harassment at VA. "Some male Veterans do not treat our female Veterans well."

But Powers said she does not believe sexual harassment is "pervasive" at VA.

"I disagree with the premise that we have pervasive sexual harassment at VA," she said. "The data doesn't show that... I do not agree that is pervasive." Powers did not cite any alternative statistics.

The harassment many of those Veterans face can lead up to 20 percent of women Veterans to delay seeking needed health care, Rep. Julia Brownley, D-Calif., argued. "We are out of time and we need corrective action now." Rep. Kathleen Rice, D-N.Y., called harassment a "significant barrier" to women Veterans getting care at VA.

Powers repeatedly cited in-house customer satisfaction surveys, with 17 percent response rates, arguing that women trust VA care and believe VA facilities are a "safe and welcoming environment."

A federal survey found that about 22 percent of VA employees reported experiencing workplace sexual harassment from 2014 to 2016. VA had the highest rate of sexual harassment of the 24 federal agencies surveyed -- about 26 percent of women and 14 percent of men reported experiencing harassment over the two years. LGBTQ and Black women can face even higher rates of harassment.

Surveys of private, non-VA hospitals show about 5 percent of women report harassment, said Joy Ilem, DAV national legislative director, compared to the more than 25 percent of women VA patients and employees.

Women make up about 60 percent of VA's workforce and 30 percent of those women are also Veterans, Powers said.

From 2016, VA resolved just 15 cases of sexual harassment with corrective action, Brownley said.

VA officials said the department has launched an anti-harassment campaign, increased employee training, launched a task force on harassment and assault and appointed a senior advisor for assault and harassment prevention, Powers said. VA also is planning to add bystander intervention training in September, though it's unclear how much of VA's training is required or voluntary for employees or patients.

"We have an older generation," Powers said. "I can't change the mind of that 75-year-old (Veteran) but we can certainly address that behavior." She did not elaborate on how specifically VA addresses sexual harassment when it occurs.

The GAO report echoed many concerns cited in previous reports and by lawmakers, advocates and survivors about sexual harassment and assault of patients at VA, which some have referred to as an "epidemic."

Sexual harassment complaints at VA have increased in recent years, though the numbers likely underestimate the total cases filed since the department does not require harassment complaints to be reported to VA headquarters. In 2016, VA had 158 cases, which grew to 168 in 2017, a high of 225 in 2018 and 180 in 2019.

VA has come under increasing pressure to address sexual harassment and assault of Veterans and employees in recent years. In February, the VA Office of the Inspector General announced it would examine Secretary Robert Wilkie over allegations he sought damaging information about Veteran and senior Congressional advisor Andrea Goldstein after she reported being sexually assaulted at a VA hospital.

That investigation is still ongoing. The investigation into Goldstein's assault concluded earlier this year with no criminal charges filed. Multiple sources with knowledge of the case told Connecting Vets that was due, at least in part, to a lack of functioning security cameras at the hospital in the area the assault took place. Public records obtained by Connecting Vets confirmed that no viable video was recovered because the security camera was not functioning.

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A former doctor of osteopathic medicine who previously worked at the Veterans Affairs (VA) Medical Center in Beckley, West Virginia, was sentenced today for depriving Veterans of their civil rights under color of law by sexually abusing them.

U.S. District Judge Frank W. Volk sentenced Jonathan Yates, 52, of Bluefield, Virginia, to 300 months in prison and three years of supervised release, announced Deputy Assistant Attorney General Gregory B. Friel of the Justice Department’s Civil Rights Division, U.S. Attorney Michael B. Stuart of the Southern District of West Virginia, Special Agent in Charge Michael A. Christman of the Pittsburgh Division of the FBI, and VA Inspector General Michael J. Missal.

Yates previously pleaded guilty on Sept. 17, 2020, to three felony counts of deprivation of rights under color of law. According to the plea documents, Yates rubbed the genitals of two Veterans and digitally penetrated a third Veteran’s rectum under the guise of legitimate medicine, when in fact he acted without a legitimate medical purpose. This conduct, performed while Yates was acting under color of law in his capacity as a VA physician and a federal employee, deprived the Veterans of their constitutional right to bodily integrity and caused them pain. According to the plea documents, the Veterans had sought treatment from Yates to manage chronic pain through osteopathic manipulative therapy. Several Veterans addressed the court at sentencing, describing the trauma and mental anguish that Yates had caused them. Yates surrendered his medical licenses as a condition of his plea agreement.

“The sentence today reflects the seriousness of this defendant’s misconduct. In a despicable betrayal of his oath, he used his specialized medical knowledge and expertise to sexually abuse his own patients. He has now been held accountable,” said Deputy Assistant Attorney General Gregory B. Friel of the Civil Rights Division. “It is a testament to the bravery of our Veterans that so many came forward to bring this defendant to justice.”

“Military Veterans who serve and sacrifice to protect our nation deserve only the best of care. Yates betrayed his oath as a physician and the Veterans under his care,” said U.S. Attorney Michael Stuart for the Southern District of West Virginia. “Today, Yates has been called to account for his heinous acts. While his prison sentence will not undo the significant harm Yates inflicted on the victims, we hope that it will ease their pain. I want to commend the incredible work of the FBI and the Department of Veterans Affairs-OIG in this investigation. I also want to thank the victims and their families for their unwavering support during the prosecution of this case.”

“Yates committed hideous crimes in a hospital room, which should be a sanctuary for patients,” said FBI Pittsburgh Special Agent in Charge Michael Christman. “The facts of this case are disgusting and these patients and their families deserved better care. While today’s sentence won’t take away what happened to these patients who dedicated their lives in service to our nation, Yates will never be able to hurt anyone again. Hopefully, this will serve as justice for his victims.”

“This sentence is the culmination of the exceptional work of the Office of the Inspector General special agents and our law enforcement partners,” said VA Inspector General Michael J. Missal. “Our thoughts are with the Veterans who suffered horrific abuse by a doctor entrusted with their care, and we remain vigilant in our efforts to keep all VA patients safe from harm.”

The case was investigated by the FBI, the Department of Veterans Affairs Office of Inspector General, and the Veterans Affairs Police Department. The case was prosecuted by Special Litigation Counsel Samantha Trepel and Trial Attorney Kyle Boynton of the Civil Rights Division of the U.S. Department of Justice, Assistant U.S. Attorney Greg McVey of the Southern District of West Virginia, and Assistant Chief Kilby MacFadden of the Fraud Section of the U.S. Department of Justice.

Related court documents and information may be found on the website of the District Court for the Southern District of West Virginia at http://www.wvsd.uscourts.gov/ or on http://pacer.wvsd.uscourts.gov/.

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The clinic represents Service Women’s Action Network (SWAN) in its campaign to persuade the Department of Defense to more forcefully address military sexual trauma (MST) within the ranks. The representation has included researching and writing a policy report, drafting federal legislation to improve compensation for victims of MST, drafting and submitting a petition for rule-making to VA, and representation of SWAN, the ACLU Women’s Rights Project, and the ACLU of Connecticut in two Freedom of Information Act lawsuits in U.S. District Court seeking DoD and VA records related to MST.

Battle for Benefits--VA Discrimination Against Survivors of Military Sexual Trauma (Report)
Battle for Benefits Appendix (November, 2013)
Amended Complaint, SWAN et al v. U.S. Department of Defense, No.3:10-cv-1953-MRK (D.Conn.) (“SWAN I”)
Opinion and order, SWAN I (Mar. 30, 2012)
Complaint, SWAN et al. v. U.S. Department of Defense, No.3:11-cv-1534-MRK (D.Conn.) (“SWAN II”)

Media Clips

Lawrence Downes, The V.A. and Sexual Trauma,Nov. 18, 2013

New York Times editorial, For Assaulted Veterans, a Second Battle, New York TimesNov. 17, 2013

Lucy Nalpathanchil, Veterans Groups Ask VA to Change PTSD Claims Process, NPR,July 16, 2013

ACLU Lawsuit: Military Won't Release Rape Records, Associated Press,Dec 13, 2010

Lisa Chedekel, Lawsuit In New Haven Charges Military Withholds Assault Data,New Haven Independent,Dec 13, 2010

Nikita Lalwani, Law School's Veterans Legal Services Clinic representing plaintiffs in federal suit, Yale Daily News,Dec 13, 2010

Information is Democracy for Iran Policy or Military Sexual Trauma Cases, talknationradio.com,Dec 16 2010

Christian Nolan, Lawsuit Filed Against Federal DOD, VA To Release Records on Military Sexual Assaults, CT Law Tribune, December 20, 2010

Besty Yagla , Yale Helps Two Veterans Groups File Lawsuits Against Federal Agencies,New Haven Advocate,Dec 21, 2010

Editorial: Justice for Women Veterans, The New York Times,September 11, 2011

Lucy Nalpathanchil, Same-sex ban challenged, Sydney Morning Herald,Oct 14, 2011

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Supporting violence prevention

Harassment is personal. It may seem too personal and scary to trust anyone. But VA wants to be a trusted resource for Veterans who have experienced sexual harassment, sexual assault, or intimate partner violence (IPV).

In VA health care settings and communities across the country, people are taking the White Ribbon VA call to action to end violence against women and girls, and to promote gender equity, healthy relationships and a new vision of masculinity.

The campaign also seeks to provide resources for those who are or have experienced intimate partner violence (IPV) and to help them tell their stories.

Suffered in silence for years

Veronika Mudra, co-founder of White Ribbon USA, emphasizes the need to speak up and reach out. Mudra personally knows about IPV. She and her son emigrated from the Ukraine six years ago after receiving asylum in the US due to IPV. For years she suffered in silence, living with fear, worried that if she spoke out, she would be further isolated.

When her ex-partner continued to threaten her and tried to take her son away, she realized she had to publicly tell her story. When she did, she found more support, resources, and people who were willing to help than she ever thought possible.

“I didn’t expect to get that much support. It gave me strength to keep on doing what I was doing. It was a turning point for me,” she said.

Intimate partner violence knows no borders

IPV can happen to anyone: women or men, in heterosexual or same-sex relationships, whether they live together or are sexually intimate. IPV can be ongoing from a past relationship. It can happen at the office or in “good homes.” And, as Mudra experienced, it knows no borders.

IPV has also become a shadow epidemic of the COVID-19 pandemic. The stress caused by the pandemic has raised the prevalence of verbal, emotional, physical and sexual violence and harassment within and outside the home.

Unfortunately, people who experience IPV often don’t seek help because they feel ashamed and embarrassed or are afraid to speak up. But they are not alone. About 1 in 4 women and 1 in 7 men have experienced violence and/or stalking by an intimate partner.

Speak Up – You will get compassionate care

VA wants Veterans and their families to be able to speak up about IPV without fear – to know they will get compassionate care and access to the resources they need to address their physical and mental health needs.

Resources and support are available for those who have experienced or are currently experiencing IPV. If you want to know more, please visit our IPV Assistance site.

If you would like confidential help with your relationship, please contact your local Intimate Partner Violence Assistance Program.

You can also talk with your primary care social worker or other provider and women Veterans can ask for the Women Veterans Program Manager or the National Domestic Violence Hotline at 800-799-SAFE (7233) 24/7.

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Veterans groups are urging lawmakers not to drop provisions in the annual defense authorization bill to overhaul how military sexual misconduct cases are prosecuted amid worries that congressional leaders are already backing away from the idea.

“The scourge of sexual assault in the military is a serious concern and demands a real solution, not a watered-down provision slipped in the final bill behind closed doors,” a coalition of leading advocates wrote to House and Senate leaders on Tuesday. “Retaining the [reforms] will ensure that the will of this strong majority of both houses of Congress is respected.”

Signers of the letter include officials from Iraq and Afghanistan Veterans of America, AMVETS, Student Veterans of America, the Service Women Action Network and Vietnam Veterans of America.

At issue is the controversial Military Justice Improvement Act, provisions of which were already approved by the full House membership and the Senate Armed Services Committee earlier this year.

The proposal — championed by Sen. Kirsten Gillibrand, D-N.Y. — would move felony crimes out of the traditional military chain of command and into a new specially trained group of military prosecutors.

Proponents have argued that military leaders for years have failed to adequately handle sexual assault and abuse cases under the current system, and that removing all felony cases from their purview is the only way to ensure they are dealt with fairly and professionally.

Military leaders for years resisted the idea. But earlier this year, Defense Secretary Lloyd Austin announced a reversal of that stance, supporting changes to create a separate legal track for only the sexual misconduct cases.

Lawmakers were expected to settle the issue in this year’s annual defense authorization legislation.

But the Senate still has yet to pass its draft of the measure, meaning debate over many topics in the sweeping policy bill may be cut short or cut off entirely as chamber leaders scramble to write a compromise measure in the next few weeks.

House Armed Services Committee Chairman Adam Smith, D-Wash., last week said House and Senate leaders are already looking at alternatives to the traditional conference process, potentially crafting new — and simplified — legislation to speed up passage of a final agreement.

The coalition of Veterans groups urged lawmakers not to abandon the needed prosecutorial reforms in that condensed debate process.

“According to VA, approximately 1 in 3 women Veterans and 1 in 50 male Veterans experienced military sexual trauma while serving their country,” their letter states. “DoD has given this issue a great deal of attention over the past few years but has failed to find the right solution as numbers continue to rise each year.

“Over the years, this legislation has continued to receive an increasing amount of support from legislators and Veteran service organizations, coming to an all-time high this Congress. It would be disrespectful to all those that have experienced the injustice not include [it] within the NDAA.”

The defense authorization bill has passed out of Congress for each of the last 60 consecutive years.

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Dear Veterans, families, and supporters,

I know the continued issue of sexual harassment, assault, and gender discrimination in ourU.S. Armed Forces troubles you, as it does all of us here at CalVet. Unfortunately, we see the damage this issue can have on our troops and Veterans every day. Our military women and men deserve better. You can read my op-ed, which appeared last weekend in TheSacramento Bee, below.

In solidarity,

Lindsey Sin, CalVet Deputy Secretary, Women Veterans Affairs

The tragic news of the disappearance and murder of Army Specialist Vanessa Guillén has hit our military and Veteran community hard, especially for women like me, who experienced and witnessed sexual harassment, assault, and gender discrimination while serving in the U.S. Navy. After working with my fellow women Veterans for over a decade, I am no longer surprised that regardless of our branch or era of service, many of us have similar stories.

But, I am shocked, dismayed, and frankly heartbroken that this nation still fails to ensure a workplace free from sexual harassment, assault, and gender discrimination in our U.S. Armed Forces, our military academies, and even in the U.S. Department of Veterans Affairs.

The time for change is long overdue. Women like Vanessa Guillén have paid the price of our inattention, dismissal and silence with their lives. Others have taken their own lives, or have been all but destroyed by their experiences.

The loss of this soldier – a beautiful life that was taken so brutally and senselessly – brings the issues of violence against women in the military to the surface once again. Being female and serving in our armed forces and military academies is a precarious occupation, perhaps even more for women of color and women who identify as LGBTQ. One in four women have experienced Military Sexual Trauma according to the U.S. Department of Veterans Affairs.

Women who experience sexual harassment and assault in the military are given two impossible choices – either suffer in silence and fear or speak up and put your life, career and reputation on the line. Among those who choose not to report, many cite a fear of retaliation as their reasoning. Brave, smart, decorated, career military women have been held captive by this reporting process.

We must do more to protect those who report abuse and hold perpetrators accountable. Too often, the punishment is not commensurate with the crime, further undermining the military justice and reporting process. While the military has made improvements over the years, it has not reduced the occurrence of sexual assault and harassment, nor has it increased convictions for substantiated claims. Until each branch of the military can demonstrate that it holds offenders accountable and that it does not tolerate inappropriate, offensive, and dangerous workplace behavior, nothing will change the insidious undercurrent of gender–based discrimination that allows such horrific crimes to continue.

All military women are tired. We are tired of justifying our military service that is still somehow considered less significant. We are tired of being questioned about our actions – what we say, what we wear, how we act. We’ve all experienced a hyper-masculine status quo, or the stereotype that women are inferior in the military. More than anything, we’re tired of telling our stories of assault and harassment to provide one more piece of evidence that supports our simple request that our mental well being, our bodies, and our military service are respected.

A cultural change is needed in every corner of the U.S. Armed Forces. Otherwise, we allow women who have committed their lives to service of our country to bear the burden and pay the price. We can’t let Vanessa Guillén’s military service and senseless murder mean nothing.

I just hope we’re not too late to, once again, demand anything less.

(If you are a Veteran who has experienced sexual assault or harassment during military service, you are not alone. Contact CalVet Women Veterans or visit the VA’s website about treatment for Military Sexual Trauma).

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