Analysis Violence

The Ongoing Battle to Remove Military Sexual Assault Prosecution From the Chain of Command

Adele M. Stan

The Senate Armed Services chair has bowed to the objections of the Joint Chiefs of Staff and spiked Sen. Gillibrand's measure to take the prosecution of sexual assaults in the military out of the chain of command. This, after a day-long military sexual assault hearing that featured mostly men.

As the Senate Armed Services Committee meets Wednesday to take up its version of the Defense Authorization bill, senators will likely devote at least as much verbiage to discussion of sexual assault in the military ranks as they do to the finer points of the Pentagon budget that is the bill’s main focus. But missing from the committee’s final version of the bill will be the one measure that advocates for survivors of sexual assault and rape say is critical to ending the crisis that grips the military: removing the reporting and prosecution of sexual assault cases from the chain of command.

Despite its bipartisan support and 27 co-sponsors, Sen. Carl Levin (D-MI), the committee chairman, struck from the bill a measure offered by Sen. Kirsten Gillibrand (D-NY) that would have moved the adjudication of all serious crimes (such as murder, rape, and sexual assault) into the hands of independent prosecutors in order to create a safer environment and more impartial judicial process for those who have been the targets of assailants in the military ranks.

Levin made the decision Tuesday, replacing the provisions of Gillibrand’s Military Justice Improvement Act with a measure that simply requires that any command decision not to prosecute a sexual assault case be reviewed by a high-ranking officer. But as demonstrated in at least one recent case—the overturning of the sexual assault conviction of Air Force Lt. Col. James Wilkerson by Lt. Gen. Craig Franklin—the top brass often exhibit the same deference to defendants as commanders lower in rank.

Sen. Barbara Boxer (D-CA) has condemned Levin’s decision. “They basically embrace the status quo here. It’s outrageous,” she told the New York Times.

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As Gillibrand and others noted in a June 4 day-long hearing on sexual assault in the military, victims often don’t come forward because of well-founded fears of reprisal by their commanders. Testimony by victims’ advocates laid out a picture of a landscape on which retaliation against those who report sexual assaults—including being drummed out of the service on the basis of mental-health diagnoses made by military medical personnel—seemed almost as common as the assaults themselves.

Citing a recent Pentagon report that estimated some 26,000 incidents of unwanted sexual contact experienced by members of the military at the hands of others in the ranks, Gillibrand addressed a panel of top military officials: “Of the victims who did report … 62 percent said they received retaliation.”

Of those estimated 26,000 incidents, only 3,300 were reported, and fewer than 200 went to trial.

Most U.S. allies, including the United Kingdom, Germany, Canada, and Israel, have altered their command structure to reflect the kind of change that Gillibrand and co-sponsors of her bill seek in the U.S. Uniform Code of Military Justice (UCMJ). But the Joint Chiefs of Staff don’t want it, and Levin is not disposed to make them do it, despite the fact that the Constitution places control of the military under the leadership of civilian elected officials.

Among the measures attached to the bill, which allocates the annual budget for the whole of the armed forces, will likely be several that aim to aid members of the military who survive rape and other sexual violence at the hands of their colleagues, measures that victims’ advocates applaud but that only deal with the aftermath of assault.

Proponents of Gillibrand’s measure contend that because it would encourage rape survivors and assault victims to come forward, and would likely result in a higher number of prosecutions, it could change the current military culture marked by rampant predation on lower-ranking members by their superiors.

On June 5, the House Armed Services Committee included in its markup of the bill some 11 amendments designed to address, in some measure, the crisis of sexual assault that has plagued the military for the last 25 years. They include measures to provide services to victims and to prevent commanders from overturning convictions made by military courts. But a change to the chain of command structure, proposed by Rep. Jackie Speier (D-CA), was not among them.

Wednesday morning, news came that a measure co-sponsored by Sens. Patty Murray (D-WA) and Kelly Ayotte (R-NH) that would form a Special Victims Counsel—a special military lawyer tasked with assisting sexual assault victims throughout the process of adjudicating their reports—in all branches of service had won a thumbs-up from Gen. Martin Dempsey, chairman of the Joint Chiefs of Staff.

Where Are the Women?

The day before the House committee took up the authorization bill, in a grand but sparsely-populated hearing room on the other side of Capitol Hill, four people took their seats at the witness table for questioning by members of Senate Armed Services Committee on the epidemic of sexual assaults in the military. On the press tables, a mere smattering of laptops was present; most reporters had already left the day-long hearing to file their stories.

Out of a total 20 witnesses questioned by committee members that day, the two women on the panel, Anu Bhagwati of the Service Women’s Action Network (SWAN) and Nancy Parrish of Protect Our Defenders, were the only advocates called to appear before the committee to represent the tens of thousands of individuals estimated to have survived sexual assault by colleagues while serving in the armed forces. Absent from the witness list were any current or former members of the armed forces who had suffered sexual assault by their comrades.

“I have not met a woman in the military yet who has not experienced some form of discrimination or harassment,” Bhagwati, a former captain in the Marines, told the committee. “When that is … the average experience of a woman in the military, a culture of harassment is created, and sexual predators will thrive in that culture. These serial predators that are entering the ranks, they’re hitting a target-rich environment.”

Nancy Parrish shared the stories of several assault survivors, including some who were pushed out of the service, tainted with a mental-health diagnosis after they reported assaults—a pernicious form of retaliation, since it often deprives victims of benefits they would otherwise be entitled to through the Veterans Administration, and leads to the revocation of security clearances required in the victim’s area of vocational specialty.

Both Parrish and Bhagwati cited this sort of retaliation as common.

Unit Cohesion?

Parrish read part of a statement her organization collected from a woman soldier serving in a combat zone who said she had tried to file a rape report several times against a higher-ranking member, only to be rebuffed at each turn. The soldier’s immediate supervisor told her not to speak ill, Parrish said, of the man she said had raped her, and when she took her complaint to the next commander in the chain, the soldier said she was told that she would be charged with adultery if she tried to file an official report.

The woman was a truck driver, Parrish said, tasked with moving supplies over terrain laden with improvised explosive devices (IEDs), the homemade bombs that have killed countless soldiers and civilians in Iraq and Afghanistan. Parrish then quoted a snippet of the soldier’s first-person account, where she tells of how, after being raped by a higher-ranking member of the force, her rapist continues to seek contact:

He comes to my truck as I’m getting it ready for another mission. I shut down inside. I’m the lead driver in our convoy, and I kept hoping to hit an IED after that.

Parrish paused for a moment, and then asked, “Unit cohesion? Good order and discipline? This young soldier tried four times to report her assault. And what was her thinking at that time when she was getting ready to get in her truck to lead the convoy? ‘I hope I hit an IED.’ What would that do for mission readiness and unit cohesion? It’s undermined every day by disbelieving the victim.”

Asked by Sen. Claire McCaskill (D-MO), who is sponsoring a measure that would prevent military commanders from overturning sexual assault convictions rendered by courts martial, whether women rape survivors were being offered emergency contraception at base hospitals, Parrish responded, “Not in our experience.”

“So you’re saying, Ms. Parrish, that in the medical facilities on bases, they do not have a rape protocol?” McCaskill asked.

“Well, if they do, the victims that we’ve talked with don’t know it,” Parrish replied.

The Senate hearing was prompted by Gillibrand’s proposed Military Justice Improvement Act, as well as number of other measures proposed by lawmakers to address various aspects of the problem, all spurred by a spate of recent news reports on assaults in all branches, just as the Pentagon released its report on sexual assault.

Those news reports included the arrest of Lt. Jeffrey Krusinski, then head of the Air Force’s sexual assault prevention unit, for sexually assaulting a civilian in a shopping mall parking lot; the investigation of an Army sexual assault prevention officer for allegedly running a prostitution ring at Ft. Hood; the alleged rape of a woman midshipman at the Naval Academy; and the surreptitious videotaping, by a male sergeant, of women cadets in the shower at West Point.

Stripes and Ribbons (or Where Are the Women? Part II)

The late-afternoon panel on which Bhagwati and Parrish spoke was a markedly different scene from the one that took place earlier the same day in that very room. Then, a witness table of epic length was graced with the dress-uniform sleeves of every member of the Joint Chiefs of Staff, along with the those of the top lawyers of each branch of service, in addition to the commandant and judge advocate general of the U.S. Coast Guard.

Every member of the 12-member panel, save one, was a man.

Throngs of photographers clicked their shutters in flurried bursts and reporters bumped elbows at the press tables, as each ribbon-bedecked witness declared that to deprive commanders of the right to adjudicate sex-crimes cases would lead to the breakdown of “good order and discipline” in the ranks, a breakdown that Gillibrand and other women on the committee concluded had long ago occurred, given the statistics offered in the May Pentagon report.

“It is imperative that we keep the chain of command fully engaged and at the center of any solution to combat sexual assault and sexual harassment,” said Gen. Raymond T. Odierno, chief of staff of the U.S. Army. “Command authority is the most critical mechanism for ensuring discipline and accountability, cohesion and the integrity of the force.”

As Odierno faced often-withering questioning from the senators, his jaw hardened. He was hardly alone among his colleagues, who, like Odierno, conceded that a terrible problem plagued the military in the form of sexual assault, but bristled at the notion that commanders should give up their jurisdiction over such crimes in order to make it safer for victims to come forward.

Sen. Jeanne Shaheen (D-NH) reminded Adm. Jonathan W. Greenert, chief of Naval Operations, that the military services of the United States’ closest allies had changed their military justice codes along the lines that Gillibrand proposed, and suggested he confer with his counterparts in those services to see how removal of sex crimes from the chain of command was working for them. “Thanks for the tip,” Greenert said, flippantly.

Gen. Martin Dempsey, chairman of the Joint Chiefs of Staff, told Shaheen he hadn’t had time to confer with his counterparts in the United Kingdom or Israel or Australia, where serious crimes committed by service members were no longer handled through the chain of command, but through independent military prosecutors. He said he’d get right on it, though.

That led Sen. Roy Blunt (R-MO) to label the brass’ answers to Shaheen’s question as “stunningly bad,” and seemed incredulous that they made their case against Gillibrand’s bill without knowing how similar measures undertaken by U.S. allies had affected the operation of militaries in those countries.

When asked by Sen. Jack Reed (D-RI) how many commanders had been held accountable for allowing sexual assault to proliferate in their units, most of the military chiefs drew a collective blank, except for Odierno and Coast Guard Commandant Robert Papp. Odierno said more than 20 Army commanders had been relieved of command or discharged for not punishing sexual assault, and Papp remembered having the same done to one commander in the Coast Guard. Later, Marine Corps Commandant Gen. James Amos and Air Force Chief Gen. Mark Welsh corrected the record to note relieving the commands of a total of three commanders, though it seemed from the commandant’s description that the commanders relieved under Amos’s leadership were for sexual misdeeds of their own, not for failure to punish others.

But military brass are said to have supported the overturning of Lt. Wilkerson’s sexual assault conviction by Lt. Gen. Franklin, and when asked by Stars and Stripes for a reaction on Franklin’s decision to throw out the court martial verdict, Welsh refused to comment. Welsh also made waves last month when he blamed the military’s assault problem on a “civilian hook-up mentality” that recruits brought into the service with them.

All About Power

The one last option Gillibrand has for getting her chain-of-command measure into the final Defense Authorization bill is to renew it on the floor of the Senate. It would be an audacious move for the junior senator, but one that observers are betting on.

The Joint Chiefs of Staff, while standing their ground on maintaining a commander’s power to adjudicate sexual assault claims, seem willing to accept a prohibition on overturning court martial convictions, a measure also supported by Defense Secretary Chuck Hagel.

But given that the United States’ closest allies have made the kinds of chain-of-command changes that Gillibrand and her allies seek, one has to wonder what it is the generals and admiral fear.

In Israel, Gillibrand noted at the hearing, reports of sexual assault have increased by 80 percent since reporting and prosecution of those crimes were taken out of the chain of command.

Analysis Politics

New Hampshire Sen. Kelly Ayotte’s Record on Women’s Health at Center of Heated Race

Ally Boguhn

Sen. Kelly Ayotte's defenders have made claims about her commitment to "strengthening women's health" through action on various measures; reproductive rights advocates point out, however, that most of these measures would have done more harm than good.

The tight race between incumbent Sen. Kelly Ayotte (R-NH) and challenger Gov. Maggie Hassan (D) could help determine which party takes control of the U.S. Senate after the November elections. In recent months, a key point of contention has emerged among Ayotte’s supporters and critics: the senator’s record on reproductive rights and women’s health.

Planned Parenthood Votes released an ad in April claiming Ayotte is “bad for New Hampshire women,” signaling the continuation of the heated narrative in the lead-up to the election. Ayotte’s defenders have responded to the accusations with claims of her commitment to “strengthening women’s health” through action on various measures; reproductive rights advocates point out, however, that most of these measures would have done more harm than good.

“For months, Senator Kelly Ayotte has followed party bosses, refusing to fill the Supreme Court vacancy. And for years, Ayotte has waited for an opportunity to push for someone to end access to safe, legal abortion and overturn Roe v. Wade,” claims the Planned Parenthood Votes ad, before playing an August 2010 clip of Ayotte advocating for the Supreme Court to overturn Roe. “For New Hampshire women, the consequences of letting Kelly Ayotte play politics with the Constitution could last a lifetime.”

The $400,000 ad buy, slated to run on broadcast and cable in New Hampshire, has been Planned Parenthood Votes’ first on-air ad targeting a Senate race in the 2016 election cycle. The organization, a national independent expenditure political committee, is criticizing Ayotte for claiming to protect women but failing to protect reproductive rights, also drawing on her pledge to obstruct filling the vacant Supreme Court seat in the aftermath of Justice Antonin Scalia’s death.

“Kelly Ayotte may try to paint herself as pro-woman, but her record tells a very different story. Every chance she’s gotten she’s voted to ‘defund’ Planned Parenthood and cut women off from essential health care like birth control and breast and cervical cancer screenings,” said Deirdre Schifeling, executive director of Planned Parenthood Votes, in a statement on the organization’s new ad. “She has been advocating for years to ban women’s access to safe, legal abortion, and it’s clear she now sees her chance in the Supreme Court process. Kelly Ayotte is refusing to do her job, and abdicating her constitutional duty, in order to push an extreme agenda that no one in New Hampshire wants.”

Ayotte’s campaign manager, Jon Kohan, meanwhile, defended the senator’s record on women’s health and rights in a press release. He wrote, “Kelly’s long record of standing up for New Hampshire women and families is clear, and she cares deeply about ensuring all women have access to health services.” The release included a bulleted list providing examples of Ayotte’s work “strengthening women’s health care,” “supporting working women,” and “protecting domestic or sexual assault victims.”

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The claims may be familiar to those following the New Hampshire race. After Hassan announced her candidacy in October, for example, One Nation, an issue-advocacy organization that does not need to disclose where their funding comes from and is affiliated with Karl Rove’s American Crossroads super PAC, pushed a 17-day, $1.4 million ad campaign touting Ayotte’s record on women’s health.

Hassan, on the other hand, has the support of organizations such as EMILY’s List, whose stated mission is to help elect pro-choice women into office. After endorsing the governor in the Senate race, the group added Ayotte to its “On Notice” list for “voting for anti-woman legislation and standing in the way of policies that give working families a fair shot.”

But with both sides of the race simultaneously claiming opposing positions on whether Ayotte has been good for women and reproductive rights, what is the truth?

Ayotte has made no secret of her desire to defund Planned Parenthood, and she “has shown support for defunding the organization or opposition to continued funding in at least six votes,” according to PolitiFact, though some of those votes were procedural. Though she famously chided Sen. Ted Cruz (R-TX) for attempting to shut down the government over his crusade to strip the reproductive health provider of money in the wake of anti-choice front group Center for Medical Progress’ deceptively edited videos, it was because she didn’t view his methods as a winning strategy for accomplishing that goal—not because she didn’t believe in the cause.

In a letter to Cruz, Ayotte told the Republican presidential candidate that she too is “deeply disturbed by” CMP’s videos and doesn’t believe Planned Parenthood should have federal funding.”This callous disregard for the dignity of human life is heinous, and I do not believe taxpayer dollars should be used to fund a private organization that performs hundreds of thousands of abortions each year and harvests the body parts of unborn children,” wrote Ayotte. She went on to ask what Cruz’s “strategy to succeed in actually defunding Planned Parenthood” really was, given that their mutual efforts to redirect the organization’s funding to other clinics had failed.

Planned Parenthood does not use its federal funding to provide abortions; its fetal tissue donation program has been cleared of wrongdoing in multiple state and federal investigations. And despite claims from conservatives, including Ayotte, that other facilities could provide Planned Parenthood’s patients with health care should the organization lose funding, the Guttmacher Institute found that “credible evidence suggests this is unlikely. In some areas, Planned Parenthood is the sole safety-net provider of contraceptive care.”

“Our analysis shows unequivocally that Planned Parenthood plays a major role in delivering publicly supported contraceptive services and supplies to women who are in need of such care nationwide,” the Guttmacher Institute concluded.

Ayotte has also supported numerous other anti-choice restrictions and legislation, including a 2015 20-week abortion ban based on the medically unfounded claim that fetuses feel pain at this point in pregnancy.

According to NPR, Ayotte has “been a hero to anti-abortion activists since 2005, when as New Hampshire attorney general she defended a parental notification law all the way to the U.S. Supreme Court.” The law required doctors to notify parents of minors seeking an abortion at least 48 hours prior to the procedure, and contained no exceptions for the health of the patient. The Court ultimately ruled against Ayotte, affirming that states may not enact abortion laws that don’t protect women’s health and safety.

National Right to Life found that the New Hampshire senator voted “with” the anti-choice organization in all 14 of the scored votes from 2012 to 2015 it examined.

In 2012, Ayotte co-sponsored the failed “Blunt Amendment,” which would have allowed exemptions from the Affordable Care Act’s birth control benefit for any employers or insurers that had moral objections to providing contraceptive coverage to their employees. And in a 2014 commentary for the Wall Street Journal, Ayotte and Sen. Deb Fischer (R-NE) defended the Supreme Court’s ruling in Burwell v. Hobby Lobby, which grants some employers the right to deny contraceptive coverage to their staff based on the owner’s religious beliefs, falsely claiming that the ruling did “not take away women’s access to birth control.”

Ayotte’s campaign is quick to point to legislation sponsored by the senator that would have allowed over-the-counter contraception as proof that she cares about women’s health. Reproductive health advocates, however, called Ayotte’s Allowing Greater Access to Safe and Effective Contraception Act a “sham” when it was introduced in 2015. Though the American Congress of Obstetricians and Gynecologists (ACOG) generally supports over-the-counter birth control, the organization’s president Dr. Mark S. DeFrancesco, said in a statement that Ayotte’s measure “would actually make more women have to pay for their birth control, and for some women, the cost would be prohibitive.”

Paid leave is yet another issue in which Ayotte has put forth legislation in the name of helping women. Ayotte introduced the Family Friendly and Workplace Flexibility Act of 2015 in March of that year, claiming it would “allow greater flexibility for workers who are looking to better balance their work-life demands.” Analysis by ThinkProgress, however, found that the measure “could weaken already weak rules that require workers to be paid extra for working extra hours, thus ensuring that workweeks don’t grow out of control and employees are compensated fairly.”

Earlier in 2015, Ayotte signed on as a co-sponsor of the Working Families Flexibility Act. According to a statement from the National Partnership for Women and Families (NPWF) condemning the legislation, the act claimed to “give hourly workers more flexibility and time with their loved ones by allowing them to choose paid time off, rather than time-and-a-half wages, as compensation for working more than 40 hours in one week.” However, the bill did “not promote family friendly or flexible workplaces,” explained the nonprofit organization in a fact sheet. “Instead, it would erode hourly workers’ ability to make ends meet, plan for family time, and have predictability, stability, and true flexibility at work.”

Ayotte’s record on equal pay has been similarly debunked by advocates. One of the policies highlighted by Ayotte’s campaign in the wake of Planned Parenthood Votes’ ad was the senator’s introduction of the Gender Advancement In Pay (GAP) Act in September 2015, which she reintroduced ahead of Equal Pay Day this April. The measure was meant to make clear that “employers must pay men and women equal wages for equal work, without reducing the opportunity for employers to reward merit,” according to a press release from Ayotte’s office upon the initial release of the bill.

Critics argued that Ayotte’s bill was nothing other than an election-year stunt. New Hampshire state Sen. Donna Soucy (D-Manchester) told NH1 News that Ayotte’s move was an attempt to look “for some cover … in an effort to be more in line with” New Hampshire voters, after Ayotte voted against other fair pay measures. However, Soucy said, the legislation didn’t really address the issue of pay equity. “Sen. Ayotte’s bill attempts to create paycheck fairness but doesn’t in fact do so because employers could preclude their employees from discussing what they make with their fellow employees,” claimed Soucy.

Similar arguments were made when Ayotte co-sponsored another equal pay measure, the Workplace Advancement Act, with Sens. Deb Fischer (R-NE), Susan Collins (R-ME), Joni Ernst (R-IA), Thad Cochran (R-MS), and Shelley Moore Capito (R-WV) in April 2015. Though the legislation would ban employers from retaliating against their staff, it failed to garner support from Democrats. According to the National Women’s Law Center, the bill would have done “more harm than good” as it “entirely [ignored] the many loopholes and inadequacies in current equal pay laws and simply [stated] that pay discrimination ‘violates existing law.'”

Their arguments are bolstered by Ayotte’s repeated votes against the federal Paycheck Fairness Act, though as Politifact again pointed out, some of these votes were procedural and not against the bill itself. Ayotte did cast one vote in favor of ending debate on the measure and advancing it; the fact-checking site noted, though, that Ayotte’s office reportedly did so in the ultimately denied hopes of changing the bill.

Had it passed, the legislation would have updated the Equal Pay Act of 1963 to include protections such as prohibiting retaliation against employees who share their salary and strengthening penalties for those who violate the law. Ayotte claims she voted against the measure because it “could reduce the ability of employers to award merit pay for good performance and limit the opportunity for women to have flexible work schedules,” according to a press release on the matter.

Speaking at a town hall event in 2013, Ayotte had previously justified her vote against equal pay legislation by asserting that it “created a lot of additional burdens that would … make it more difficult for job creators to create jobs.” The New Hampshire senator went on to add that there were already laws in place that could help address the issue.

There are, however, some examples of Ayotte supporting and introducing legislation that would help women. In June 2015, Ayotte co-sponsored the Pregnant Workers Fairness Act to protect pregnant people from workplace discrimination. Though the legislation never came to a vote, it would have helped “end … discrimination and promote healthy pregnancies and the economic security of pregnant women and their families,” according to the NPWF. That same year, the New Hampshire senator co-sponsored the Protect Access to Lifesaving Screenings (PALS) Act, bipartisan legislation that would have safeguarded access to free annual mammograms for women ages 40 to 74. Ayotte co-sponsored the bipartisan Campus Accountability and Safety Act in 2014 and 2015, which, according to Democratic New York Sen. Kirsten Gillibrand’s website, would “protect students and boost accountability and transparency at colleges and universities” when it comes to sexual assault. Ayotte also co-sponsored the Combating Military Sexual Assault Act of 2013 to address the issue in the military.

Overall, Ayotte has signed onto or supported numerous pieces of legislation that at face value seem to promote reproductive health and women’s rights. Further examination shows, however, that—with a few exceptions—they largely failed to hold up to scrutiny. While Ayotte’s campaign alleges that many of her measures would have helped women and families, analysis suggests that her conservative solutions to addressing these issues often would have made the problems worse. This, coupled with the senator’s fierce anti-choice advocacy, will no doubt keep this portion of Ayotte’s record under tight observation as November’s election approaches.

News Politics

To Avoid Campus Sexual Assault, Kasich Suggests, Don’t Go to Parties With a Lot of Alcohol

Ally Boguhn

Ohio Gov. John Kasich (R) told a young woman at a town hall event in New York who was worried about sexual violence on campus that she should avoid attending parties with excessive alcohol.

At a town hall event in New York, Ohio Gov. John Kasich (R) told a young woman who was worried about sexual violence on campus that she should avoid attending parties with excessive alcohol.

“Being that I am a young female college student, what are you going to do in office as president to help me feel safer and more secure regarding sexual violence, harassment, and rape?” the first-year student at St. Lawrence University asked the Republican presidential candidate on Friday.

Kasich replied that in Ohio, “we think that when you enroll you ought to absolutely know” how to report sexual harassment “or whatever” confidentially, access a rape kit, and “pursue justice after you’ve had some time to reflect on it all.” Adding that similar rules should be applied nationwide, he continued that he has “two 16-year-old daughters, and I don’t even like to think about it.”

“It’s sad, but it’s something that I have to worry about,” the student noted.

“I’d also give you one bit of advice. Don’t go to parties where there’s a lot of alcohol. OK? Don’t do that,” Kasich responded.

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After the town hall, Kasich’s campaign tweeted“Only one person is at fault in a sexual assault, and that’s the assailant.”

Victims needs [sic] to know we’re doing everything we can to have their backs, and that’s happening in Ohio under John Kasich’s leadership,” said another tweet from the campaign.

However, Kasich’s comments had already begun to garner criticism from those who felt he was placing the responsibility for stopping sexual violence on the victims.

“Let me say this simply, so that the governor can understand—rape victims are not responsible for rape. It’s on all of us—men and women—to address campus sexual assault,” Ohio Democratic Party spokeswoman Kirstin Alvanitakis said in a statementaccording to Cincinnati.com.

Others argued that Kasich’s statement was reflective of his past record on reproductive rights and women’s health.

“John Kasich’s plan for combating sexual assault as president is to blame women who go to parties. John Kasich’s pattern of dismissing the concerns of women is disturbing enough,” said Dawn Laguens, vice president of Planned Parenthood Action Fund (PPAF), in a statement. PPAF has already endorsed Clinton for the presidency. 

“As Governor, John Kasich has implemented policies that reflect his disregard for women, enacting 18 measures that restrict women’s access to reproductive health care while nearly half the abortion providers in his state closed their doors. He eliminated domestic violence prevention and a healthy moms and healthy babies program, simply because they were provided by Planned Parenthood. A John Kasich presidency would punish women. We can’t let his dangerous agenda into the White House,” continued Laguens.

As ThinkProgress’ Alice Ollstein explained, not only did Kasich’s so-called advice seem to blame the victim, it “also perpetuates the disproved myth that there is a direct link between alcohol consumption and rape. In fact, incidents of rape have been declining since 1979, while binge drinking has been steadily rising during the same time period. While alcohol is present in about half of all sexual assaults, it’s also present in about that same percentage of all violent crimes.” 

At least one in four undergraduate women are sexually assaulted during their time on campus, according to a September 2015 survey conducted by the Association of American Universities.

Kasich similarly pitched the merits of confidential reporting of campus sexual violence during a February town hall event hosted by CNN, where he promised, if elected, to “use a bully pulpit” to “speak out” on the topic and push “legislatures to begin to pay attention to these issues.”

The Ohio governor’s state budget for fiscal year 2016 also included $2 million to prevent and respond to campus sexual assault. In October, the Ohio Department of Higher Education launched an initiative to “prevent and better respond to incidents of sexual violence” on all of the state’s college campuses using the money allocated by the budget.

However, Kasich’s 2013 budget contained a “gag rule” provision blocking funding for rape crisis centers that provide information about abortion. Among the other anti-choice provisions included in the budget was a mandate on ultrasounds for abortions and the reallocation of Planned Parenthood funds to crisis pregnancy centers, which regularly lie to patients in order to persuade them not to have an abortion.