22 March 2005

The Honorable Francis J. Harvey, Secretary of the Army

Army Pentagon Building, Washington, DC  20301

Dear Mr Secretary,

While on active duty at Camp Shelby, I was raped by a fellow officer on 09 August 2004.  The Army treated me like a criminal and failed to provide basic medical, mental health and victim services to me, which I was forced to seek while on leave at home in New Jersey.  Though both my medical doctor and counselor insisted upon continuing urgent treatment, their letters to 1^st Army requesting that my leave be extended for that purpose were ignored, and additional leave was harshly denied.  In response to expressed concerns for my safety, 1^st Army repeatedly lied to me, telling me that my rapist had been transferred off base. This was untrue.  1^st Army also repeatedly threatened to involuntarily commit me to a military psychiatric ward, as well as to arrest me if I did not immediately return.  I was forced to retain a civilian lawyer for protection and assistance.

For months following my rape, after threatening to bring UCMJ charges against me, rather than my rapist, my lawyer and advocate pressed the Army for justice.  Eventually 1^st Army agreed to charge my rapist with Adultery and Conduct Unbecoming, as he transmitted his herpes STD to me at the time of my rape.  However, 1^st Army steadfastly refused to bring rape or even sexual assault charges against him.  It was only with a great deal of publicity and pressure that the Army finally succumbed and charged 1LT Michael Hall with rape.  Throughout these months I fully cooperated with the Army prosecutor, providing requested documentation, interviews and Article 32 testimony.  The PIO referred the charges to General Courts-Martial, scheduled for 28 March 2005, and we continued to work cooperatively to prepare for that trial even after I refused to withdraw charges in exchange for the defendant’s offer of a separation in lieu of trial (SILT).

Two weeks ago a new prosecutor was abruptly assigned, and when we met at that time, he gave me his word, in the presence of my civilian attorney and husband, that the 28 March trial date was “firm”, and that despite the late change in prosecution, we would be prepared for trial in just three weeks.  Though expecting my first child and trying desperately to adjust to working with new strangers, I expressed equal determination and commitment to overcoming all discomfort and potential obstacles to ensure that the trial moved forward as scheduled, even despite having to travel to Alabama to undergo preparation on Easter weekend for the Easter Monday trial.  Throughout trial preparation, communication has been less than ideal; it has been particularly difficult to get basic concerns and questions answered, and some remarks and requests were particularly insensitive.  However, knowing the trial would soon be behind me, I persevered and met all requests for information and documentation in a very timely fashion.

Last Wednesday, the prosecutor informed me that because some witnesses returning from Iraq to testify might not be necessary, the Judge postponed trial until 02 May, simply to save the Army potential minor financial losses.  I begged the prosecutor to urge the Judge not to postpone for such an insignificant reason, particular because I cannot fly or travel so late in my pregnancy to attend trial more than a month after the initial “firm” scheduling.  The Judge requested additional documentation, and under great distress and pressure, I forwarded the information and documents to prosecution, who continued to give me hope that the original trial date would be kept, or at least a date much sooner than 02 May.  My advocate also urged TJAG, SAIG and DOD not to postpone trial.

Despite calls and emails to the prosecutor, I heard nothing more, especially in response to my pleas not to postpone trial.  Today, finally a reporter informed me that the trial is now scheduled for 25 July!!  The prosecutor later confirmed this unreasonable postponement, apparently now because “the Judge’s calendar is full”, knowing full well that I cannot travel with a newborn infant, a full year after my rape, still fighting for “justice” that has been slowly and very reluctantly beaten out of the Army one painful step at a time. 

I am reduced to begging you to not postpone this trial, and to adhere to the 28 March trial date, or within the week thereafter.  The Judge’s original excuse for postponement only logically required a one week, not a full month, let alone four month postponement.  The new prosecutor’s wife is expecting a child in April, and while I suspect his own personal schedule contributes to this latest delay, it is unreasonable that he was rashly assigned to this case, knowing he had his own conflicts. 

As a military rape victim, it has been humiliating, frightening and frustrating enough to be utterly denied lawful rights, protections and services; illegally threatened and retaliated against for reporting this crime; abandoned and mistreated by the Army I served for eight years as both an enlisted and commissioned Soldier; and having to accept Easter scheduling so the Army could bury further publicity.  All I ask is that justice no longer be delayed or denied.  I simply cannot travel in the final months of my pregnancy, nor in the earliest weeks of my child’s life, and I want to bring this child into the world with some peace.  It is now nine months since I was raped and then revictimized by the Army.  It should not take a full year or more to hold a trial for a rapist who was identified immediately following this crime, and is undoubtedly guilty of two of the three charges preferred against him.  I have persevered against all odds and at enormous personal and financial cost (now approx $25,000), not just hoping for justice, but also that lessons could be learned and response improved so that military rape victims will not have to continue to suffer as I, and so many others before me, have suffered.  This is a goal I still hold fast, but I very much need your assistance, because I have done all that I can.  Mr Secretary, I am most respectfully requesting that this trial be immediately held without further delay.  Thank you in advance for your assistance.

Very Respectfully,

Jennifer O. Dyer (Ottepka)

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