Betrayed—The Rape of 1^st LT Jennifer Dyer

By: Jack Dalton

What would you do if you were a woman serving your nation in uniform, in this case the N.J. National Guard as an officer and platoon leader, and then found yourself being treated like a criminal for no other reason than you had the temerity, the nerve to report having just been raped by someone that is an officer in the very same unit you were attached to?

This is exactly what 1^st Lt Jennifer Dyer of the N.J. National Guard is now confronted with.

The Army, however, failed to process Jennifer’s paper work and so she was called back to active duty in March of 2004 with the rest of the unit she was in. Then in August she was raped.

She reported the rape immediately to military CID (criminal investigation division) who took her to a civilian hospital for emergency room treatment and rape kit tests. The Army then held her in seclusion for the next three days with no counseling, no medical treatment, no nothing past CID Agent Barreras advising her of her Miranda rights and threats of prosecution for filing a false report. Good way to approach and treat the victim of a rape don’t you think?

There is a lot to this story about Jennifer and what she is facing but I will let Jennifer speak for herself—you can read Jennifer’s full statement at the end of this tirade of mine.  That said, the Army will not talk about anything that has to do with this case. Repeated calls to Camp Shelby are met with no comment or they just hang up.

She keeps asking the same question over and over and over again: what did I do to deserve this? Her life was all laid out and now due to her steadfast unwillingness to be returned to the place where she was raped, and where her alleged rapist, 1^st LT Michael Hall is still as free as a bird, the Army has her down as AWOL. By criminalizing Jennifer the Army will not have to deal with the rape issue and then any chance of Jennifer furthering her career in law enforcement is effectively over.

What would you do? How would you feel? What if this was not just a story you were reading but Jennifer was your wife; your fiancée; your sister; your mother; your friend; what would you do to help her, to protect her? What would you do?

The Army is stuck on stupid as they will talk about nothing past she much return to Camp Shelby ! What would you do? I know what I would do—the very same thing Jennifer has done and that is to refuse to go back to the location of the rape.

The Army denied her request for a compassionate transfer to a different unit at a different base so she could continue the counseling she is in need of. Unfortunately for Jennifer the Army is stuck on stupid.

A few days ago in a phone conversation with Jennifer she told me that the Army has told her that she must return to Camp Shelby and they will not talk about anything else until she does. At the same time they told her they would evaluate her there ( Camp Shelby ) and if any additional treatment is warranted that they would send her to the Eisenhower in-patient mental treatment facility for an undisclosed amount of time.

The Army is not trying to help this young woman, they are doing everything they are able to the victimization of Jennifer. What the Army has done, and to a very high degree, is to exacerbate an already bad situation. It has betrayed one of its own by refusing to treat her as the victim of a violent crime. The Army has betrayed Jennifer by trying to criminalize her much the very same way the Army has treating all those in the military that have been the victim of rape with in uniform.

Dorothy Mackey, Executive Director of STAAMP (Survivors Take Action Against Abuse by Military Personnel  http://STAAMP.org ) also a victim/survivor of rape, furnished me with the “Rape Allegation Checklist” by Charles McDowell, PhD that is used to determine if a rape happened. 57 of the most absurd questions I have ever read! Every one of them is designed to go against the victim. For further information contact Dorothy at STAAMP, she will be more than happy to make the questions available.

Jennifer is not only up against her rapist but standing against an Army who has no interest in justice for her but is very interested in cover it’s own butt.

Here is the latest update Jennifer sent to me—her words have more power than do mine.

Hello Jack.  Sorry that it has taken me a while to give you the update on my situation.  It's pretty hard sometimes to sit down and face all of the things that have been going on with the military and in my own head as well.

Not much has taken place since my last statement of events, but I hope that the following is helpful to show exactly where we stand.

 Updated 01 November 2004 :

 “Over the past 8 weeks, my attorney, Mr. Klepp, has repeatedly attempted to negotiate with the 278^th Regimental Judge Advocate General’s Office with no success.  Through written and verbal communications, Lieutenant Colonel Zimmerman, Staff Judge Advocate of the 278^th Regiment and those in his office have maintained that their only offer to resolve my situation is to have me return to Camp Shelby immediately where they will evaluate me and possibly send me to the Eisenhower inpatient mental treatment facility in Fort Gordon, Georgia for an undisclosed duration.

His requests for my transfer to a local military facility continue to be denied and the military authorities continue to threaten me with criminal disciplinary action if I do not comply with their demand to return to the location in which I was raped.  The only attempt at considering my safety has been a statement by the JAG office that my attacker has been told that he cannot have any contact with me.

In addition to the lack of cooperation and continued threats by the 278^th Regiment, CID Agent Barreras, also began to make contact with me, my fiancé, and Mr. Klepp.  Through discussion with my attorney, Agent Barreras stated that he had not completed the investigation.  He then stated that my attacker continues to refuse to take a polygraph and that he was unable to come to a conclusion in the investigation.  Agent Barreras then requested again that I be subject to a polygraph examination.  Just as I had agreed to the examination upon his first request in August, I again stated that I was willing to submit to the examination upon the stipulation that the military resolve my legal status and agree to not detain me. 

Approximately a week later, Agent Barreras contacted Mr. Klepp and stated that the request for the polygraph was denied and that he would have to finish the investigation without it.  We have not heard from Agent Barreras since this conversation.  I am still unaware of where the investigation stands, have not received any information on the processing of the rape kit from the hospital, and am still not entitled to a copy of my own approximately 20 page written statement given to CID.

The only other contact from the military since September has been a phone call that Mr. Klepp recently received from a military official in the Inspector General's Office located in the Pentagon.  In his correspondence, he stated that he is working on several cases similar to mine and would be in contact if he is able to come to a resolution.  Although this is the most positive step that the military has taken, I am still very skeptical as to the possibility that this inquiry will have any positive effect on my situation.  It seems that all of the individuals who I have turned to for help in the military have an agenda that does not leave any room for caring for soldiers as people.

My progress in counseling has come to a stall as I am continually faced with the unknown state of my military future.  I feel a great sense of safety and security when I am with the family, friends and support systems that have began to help me through this time, but am constantly haunted by the horror that I may once again have to return to the control of the military.  With each day that I am left unknowing of what my near future holds and with every phone call or letter demonstrating the military’s unwillingness to allow me to regain control over my life, I lose more and more hope.  I am fearful of what they may be capable of if the same individuals who have continued to violate, degrade and harass me when I need help the most are given the responsibility of my safety and care.

 A mere promise that my attacker will be forbidden from contacting me and the offer to have me committed to a mental institution are not what I need to be a survivor of this attack.  What I truly need is for the military to release their grasp upon me and allow me to recover from the horrible actions that they have allowed occur and have continued to inadvertently condone through their unwillingness to prosecute a rapist and treat a victim with common decency and dignity.”

Jennifer.

What more can I say past her own statement? Right now, nothing. I do know that my involvement with this and Jennifer’s case has been a rude awakening for me. I have always known that rapes happen in the military but had no idea of how extensive and pervasive it is. I do now and to say this is appalling is a gross understatement.

Now I understand and because of that understanding can no longer turn my back and claim ignorance. How about you?

Additional information and Must Reads:

Jennifer’s full Statement

http://oldamericancentury.org/jennifer.htm

STAAMP

http://www.militarywoman.org/stamp.htm

Women’s News

http://www.womenenews.com/article.cfm/dyn/aid/742

Rape Nation

http://www.november.org/stayinfo/breaking2/RapeNation.html

Camouflaging Criminals: Sexual Violence Against Women in the Military

http://www.amnestyusa.org/amnestynow/camouflaging_criminals.html