Protect Our Defenders Foundation

DRIVE SYSTEMIC INSTITUTIONAL CHANGE IN THE US MILITARY BY ELIMINATING SEXUAL ASSAULT, HARASSMENT AND MISOGYNY, DISCRIMINATION, AND RETALIATORY BEHAVIOR TOWARDS VICTIMS (SERVICE MEMBERS, FAMILY MEMBERS, VETERANS AND CIVILIANS) THROUGH PUBLIC AWARENESS, PRO-BONO LEGAL SERVICES, RESEARCH, POLICY REFORM AND MENTORING. PROTECT THE RIGHTS AND SUPPORT THE LIVES OF SURVIVORS.

LEGAL SERVICES PROGRAM:THE FOUNDATIONS LAW CENTER AND PRO-BONO NETWORK OF ATTORNEYS PROVIDESFREE LEGAL SERVICES TO SURVIVORS OF SEXUAL ASSAULT AND HARASSMENT. ITORGANIZES AND TRAINS ATTORNEY'S NATIONWIDE WHO VOLUNTEER TO REPRESENTVICTIMS AND ADVOCATE FOR THEIR RIGHTS BEFORE, DURING AND AFTER MILITARYJUSTICE PROCEEDINGS. THE PROGRAM STAFF PROVIDE CASEWORK ASSISTANCEINCLUDING: DRAFTING FOIA REQUESTS TO GAIN ACCESS TO VICTIMS' MILITARYRECORDS, FILING CONGRESSIONAL OR IG COMPLAINTS REGARDING MISHANDLING OFCASES, ETC. THE FOUNDATION FILES AMICUS BRIEFS BEFORE THE MILITARY'SCOURT OF APPEALS TO PROTECT AND ENFORCE THE RIGHTS OF SURVIVORS.MILITARY'S SPECIAL VICTIM'S COUNSEL VIEW THE FOUNDATION AS EXPERT INTHIS FIELD AND A RESOURCE. THIS PROGRAM DEEPENS OUR UNDERSTANDING OF BROKEN MILITARY JUSTICE SYSTEM, WHICH HAS LED TO MEANINGFUL POLICY REFORM.ACCOMPLISHMENTS (2021) THE NUMBER OF SURVIVORS REQUESTING LEGAL SUPPORT AND PROVIDED PERSONAL INTAKE REVIEW WERE APPROXIMATELY 225. THE FOUNDATION IS HANDLING 5 LEGAL CASES IN HOUSE, 22 LEGAL CASES WERE REFERRED TO ITS PRO BONO NETWORK AND 70 INDIVIDUALS WERE PROVIDED CASE WORK ASSISTANCE. THE PRO BONO NETWORK OF ATTORNEYS PROVIDED OVER 3590 HOURS OF SERVICE VALUED AT $2,177,830.75 (THESE FIGURES DO NOT INCLUDE THE CASES HANDLED THROUGH THE NWLC).

ADVOCACY, POLICY AND RESEARCH PROGRAMSTHE FOUNDATION ENGAGES IN PROJECTS TO EDUCATE THE PUBLIC, POLICY MAKERS, MILITARY, OPINION LEADERS, AND SURVIVORS ABOUT THE CULTURE OF MISOGYNY, EPIDEMIC OF MILITARY SEXUAL VIOLENCE AND VICTIM RETALIATION FOR REPORTING. THE FOUNDATION ALSO EDUCATES ON HOW THE CULTURE AND CRISIS ERODE MILITARY VALUES AND NATIONAL SECURITY. THE FOUNDATION PROVIDES RESEARCH FINDINGS, EXPERTISE, AND ADVICE BASED ON DATA-DRIVEN ANALYSIS RELATED TO PROBLEMS OF SEXUAL VIOLENCE, VICTIM RETALIATION, DISCRIMINATION OF WOMEN, MINORITIES, AND LGBTQ. IT PARTNERS WITH NATIONALLY RECOGNIZED ORGANIZATIONS IN FURTHERANCE THEREOF. THROUGH POLICY SUGGESTIONS THE FOUNDATION ADDRESSES ROADBLOCKS TO JUSTICE AND VA CARE AND BENEFITS FOR SURVIVORS.ACCOMPLISHMENTS (2021)THE FOUNDATION SUCCESSFULLY ENGAGED THE MEDIA TO COVER THESE ISSUES AND POTENTIAL SOLUTIONS, ESPECIALLY THROUGH THE LENS OF THE INDIVIDUAL SERVICE MEMBERS, THEIR FAMILIES, VETERANS, AND CIVILIAN SURVIVORS. IT LEADS THE NATIONAL DEBATE REGARDING THIS CRISIS AND ITS WIDE- RANGING ADVERSE EFFECTS IN THE MILITARY, CIVILIAN COMMUNITIES, AND NATIONAL SECURITY. THE FOUNDATION FILED AMICUS BRIEFS BEFORE THE US SUPREME COURT AND APPELLATE COURTS. SEVERAL OF POD'S RECOMMENDATIONS BECAME LAW INCLUDING:EMPOWERING MILITARY PROSECUTORS: FOR THE FIRST TIME IN OUR NATION'S HISTORY, MILITARY ATTORNEYS, NOT COMMANDERS, WILL DETERMINE WHETHER AN ALLEGATION OF SEXUAL ASSAULT, RAPE, DOMESTIC ABUSE OR MURDER IS PROSECUTED. CONGRESS CREATED AN INDEPENDENT OFFICE, SPECIAL TRIAL COUNSEL (STC) THAT WILL HAVE EXCLUSIVE PROSECUTION AUTHORITY OVER 11 OF THE MOST SERIOUS OFFENSES UNDER THE UCMJ AS WELL AS ANY OTHER KNOWN OFFENSES COMMITTED BY THE ACCUSED. THE STC OFFICE WILL ALSO HAVE THE EXCLUSIVE AUTHORITY TO ENTER IN ANY PLEA AGREEMENTS AND TO ADD OR DISMISS CHARGES. WHILE GROUNDBREAKING, THE REFORM FALLS SHORT BY LEAVING CERTAIN KEY PROSECUTION FUNCTIONS WITH COMMANDERS, SUCH AS GRANTING IMMUNITY OR HIRING EXPERT WITNESSES.SENTENCING REFORM: THE MILITARY SENTENCING SYSTEM HAS FAILED TO EVOLVE SINCE 1775 RESULTING IN SIGNIFICANT SENTENCING DISPARITIES AND SHOCKINGLY LIGHT SENTENCES FOR THOSE CONVICTED OF SEX CRIMES AND DOMESTIC VIOLENCE. THE NEW REFORM REMOVES THE ABILITY OF ACCUSED SERVICE MEMBERS TO REQUEST SENTENCING BY MILITARY COURT MEMBERS (JURY) INSTEAD OF A JUDGE. NOW, A MILITARY JUDGE WILL DETERMINE ALL NONCAPITAL SENTENCES USING, FOR THE FIRST TIME, SENTENCING GUIDELINES.CRIMINALIZING SEXUAL HARASSMENT: SEXUAL HARASSMENT IS RAMPANT WITHIN THE ACTIVE FORCE WITH 25% OF ACTIVE-DUTY WOMEN EXPERIENCING IT EACH YEAR. MULTIPLE STUDIES HAVE SHOWN THAT SEXUAL HARASSMENT IS OFTEN A PRECURSOR TO SEXUAL ASSAULT, AND UNITS WITH HIGH RATES ALSO HAVE HIGH RATES OF SEXUAL ASSAULT. THE NEW LEGISLATION MAKES SEXUAL HARASSMENT A SPECIFIC CRIMINAL OFFENSE UNDER THE UCMJ.INDEPENDENT INVESTIGATIONS OF SEXUAL HARASSMENT: ALLEGATIONS OF SEXUAL HARASSMENT WILL NOW BE INVESTIGATED BY SPECIALLY TRAINED INVESTIGATORS OUTSIDE OF THE CHAIN OF COMMAND. CURRENTLY, INVESTIGATIONS ARE PRIMARILY DONE BY UNTRAINED MEMBERS WORKING DIRECTLY FOR THE COMMANDER. AS A RESULT, MOST INVESTIGATIONS ARE POORLY DONE AND RARELY, IF EVER, RESULT IN ACCOUNTABILITY FOR THE HARASSER.ENHANCED VICTIM RIGHTS: VICTIMS ARE OFTEN LEFT IN THE DARK DURING INVESTIGATIONS AND OFTEN NOT CONSULTED ABOUT KEY ACCOUNTABILITY DECISIONS. WHEN COMMANDERS FAIL TO PROSECUTE OFFENDERS AND INSTEAD ADDRESS THE ALLEGATIONS ADMINISTRATIVELY, VICTIMS HAVE GREAT DIFFICULTY LEARNING WHAT, IF ANY, ADMINISTRATIVE ACTIONS WERE TAKEN. NOW VICTIMS HAVE A RIGHT TO BE INFORMED OF WHAT ACTIONS WERE TAKEN AND WHAT PUNISHMENTS WERE ADMINISTERED. VICTIMS WILL ALSO HAVE A RIGHT TO BE INFORMED OF ANY PLEA AGREEMENT OR SEPARATION IN LIEU OF TRIAL AGREEMENT.RACIAL DISPARITIES: AS FIRST IDENTIFIED IN POD'S 2017 REPORT, THE MILITARY HAS A SIGNIFICANT PROBLEM WITH RACIAL DISPARITIES IN ITS MILITARY JUSTICE SYSTEM AND DISCIPLINE PROCESS. THIS LEGISLATION REQUIRES EACH SERVICE TO CONDUCT AN ASSESSMENT OF RACIAL DISPARITY IN MILITARY JUSTICE AND DISCIPLINE PROCESSES AND MILITARY PERSONNEL POLICIES, AS THEY PERTAIN TO MINORITY POPULATIONS.OFFER SERVICES TO CIVILIAN VICTIM SERVICES ORGANIZATIONS: THE DOD WILL NOW BE REQUIRED TO INFORM SURVIVORS OF MILITARY SEXUAL TRAUMA AND DOMESTIC VIOLENCE OF CIVILIAN ORGANIZATIONS THAT PROVIDE LEGAL ADVOCACY FOR SURVIVORS. SURVIVORS ARE OFTEN UNAWARE THAT MAY RECEIVE FREE LEGAL REPRESENTATION FROM ORGANIZATIONS LIKE POD.

GENERAL PROGRAMSTHROUGH SEVERAL PROJECTS AND INITIATIVES, THE FOUNDATION IDENTIFIES AND BRINGS TOGETHER SURVIVORS OF SEXUAL VIOLENCE IN THE MILITARY. IT TRAINS, MENTORS, AND ACTIVATES SURVIVORS TO WORK LOCALLY TO SUPPORT FELLOW SURVIVORS AND ADVOCATE NATIONALLY TO REFORM THE JUSTICE SYSTEM AND CHANGE THE CULTURE. ON OCCASION THE FOUNDATION PROVIDES SMALL GRANTS IN FURTHERANCE OF THIS EFFORT. THE FOUNDATION'S PRESIDENT (FORMER CHIEF PROSECUTOR USAF), STAFF, BOARDS AND SURVIVOR ADVOCATES PARTICIPATE IN MULTIPLE EDUCATION AND TRAINING PLATFORMS AND SPEAKING ENGAGEMENTS. ALL OF WHICH ARE AFFECTING IMPORTANT CHANGES WITHIN AND OUTSIDE THE MILITARY.ACCOMPLISHMENTS (2021)POD DEVELOPED A NATIONAL ONLINE ADVOCACY EVENT IN SEPTEMBER 2020 AND UTILIZED THAT EFFORT IN 2021 TO SUCCESSFULLY ADVOCATE FOR FUNDAMENTAL REFORM OF THE MILITARY JUSTICE SYSTEM. POD'S PRESIDENT PRESENTED AT NUMEROUS EDUCATION AND TRAINING EVENTS THROUGHOUT THE COUNTRY AND TESTIFIED AT SEVERAL HEARINGS IN CONGRESS ON THE CRISIS OF SEXUAL ASSAULT AND HARASSMENT AND DISCRIMINATION IN OUR MILITARY.