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This post, written by David Edwards and Muriel Kane, originally appeared on Raw Story
CBS News reported Tuesday on a current case that calls into doubt the Air Force's promise, after a scandal four years ago, of better treatment for alleged rape victims. The case is that of Airman Cassandra Hernandez, who has stated that she was raped by three fellow airmen.
Hernandez gave an exclusive interview to CBS in which she admitted having drunk "a lot" at a party before accompanying three male colleagues to a dorm room. She acknowledged that her memory of events is fuzzy, but said she definitely remembers saying "No" and trying to push the men away. The three men allege that Hernandez started taking off her clothes and that the sex which followed was consensual.
A hearing was originally set on the rape charges, but after harsh pre-trial questioning, Hernandez decided not to testify. At that point the Air Force brought lesser charges against all four airmen, citing Hernandez for underage drinking and "indecent acts." The three men accepted minor punishments, while Hernandez refused. She is now facing a court-martial and could be jailed or expelled from the Air Force. At the same time, the three men have been granted immunity in their testimony against her.
It is that outcome that has so alarmed advocates for rape victims and raised a concern that -- regardless of whether Hernandez is correct in her accusations -- the case will have a chilling effect in the future. According to the Los Angeles Times, Hernandez' attorneys have released a statement saying that "'important, relevant evidence' was denied them during discovery and that Hernandez decided not to plead to the same indecent-act charge as the three airmen because 'she was told that she was considered guilty unless she proved herself innocent.'"
"The system failed Hernandez," one of her attorneys told CBS.
1 comment:
I hope this young airman receives proper treatment and is able to excel in her career, safely.
I, too, was a female airman in the USAF. I was raped by my supervisor, yet said nothing b/c he said no one would believe me.
A few years later I married another USAF enlisted NCO. After 4 domestic violence shelters, bruises, assaults, threats, damaged vehicles and property, and police reports, I finally informed the USAF.
The USAF had evidence that he had been cohabitaing with his paramour, who said I was harrasing her. Yet, she stole my identity and they were living together during a timeframe I thought he was on a temporary duty assignment.
Rather than investigating him, the table turned and I was discharged! He had much more rank and tenure, his friends were security police and office of special investigations (OSI).
I was forced by OSI to take a writing sample. The agent yelled at me b/c he did not like my sample. He took my right hand and forced me to write in a particilar manner. From this 'sample', the USAF determined that I had forged my husband's paramour's handwriting and I was given an Article 15 and reduced in rank, and discharged under honorable conditions with a general discharge.
Also, the OSI took my personal mail from my residence located off base without a Subpoena.
The Colorado Springs DA dropped charges against my husband upon my discharge.
Yet, the domestic violence did not stop. He told me that he would not let me go, he would find me anywhere, anytime, when will it end?
Punish the victim, thats how the USAF handles domestic violence and rape.
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