Donald Trump’s latest attempt to deflect criticism about a 2013 tweet in which he blamed the prevalence of sexual assault in the military on the presence of women has been to criticize the military court system for letting offenders go unprosecuted.
But a big reason the military court system is so ineffective at punishing sexual assault offenders is precisely because senior members of the chain of command are involved — and too many share Trump’s view that rape and sexual assault are inevitable given the circumstances.
This is the tweet in question:
26,000 unreported sexual assults in the military-only 238 convictions. What did these geniuses expect when they put men & women together?
— Donald J. Trump (@realDonaldTrump) May 7, 2013
“Many in the military would be nodding their heads in agreement in that statement. I would not say the majority, but too many would be,” said Col. Don Christensen, former Air Force chief prosecutor and president of Protect Our Defenders — an organization dedicated to ending rape and sexual assault in the military — in an interview with The Intercept.
Trump defended his views on sexual assault in the military on NBC’s Commander-in-Chief forum on Wednesday.
“Well, it is — it is — it is a correct tweet,” he said.
NBC’s Matt Lauer asked: “So this should have been expected? And does that mean the only way to fix it is to take women out of the military?”
Trump responded: “Well, it’s happening, right? And, by the way, since then, it’s gotten worse. No, not to take them out, but something has to be happen. Right now, part of the problem is nobody gets prosecuted. … You have the report of rape and nobody gets prosecuted. There are no consequence.
“When you have somebody that does something so evil, so bad as that, there has to be consequence for that person. You have to go after that person. Right now, nobody’s doing anything. Look at the small number of results. I mean, that’s part of the problem.”
On CNN that night, former Army Lt. Gen. Mark Hertling echoed Trump’s view that rape in such cases is inevitable. “It is a problem, and there are ways that the military is fixing that problem,” he said, “but certainly when you put young people together, these kinds of things happen to a small percentage.”
Actually, in the current system victims often won’t report their assaults. “The low reporting and conviction rates of sexual violence are complicated. This is partially due to the revictimization of the reporting and judicial process,” wrote activist Melanie Carlson in The Hill.
Survivors of sexual assault in the military have been met with retaliation, a 2015 Human Rights Watch report found.
“I knew when I reported my career would be over. Based on past experience, I knew what would happen,” said Lisa Cox, a Navy petty officer, according to the report.
Time magazine reported that Army Lt. Emily Vorland was discharged for “unacceptable conduct” after an Army investigation into claims that a higher-ranking male sexually harassed her.
When an individual in the military seeks legal action, the case is brought to a court system where everyone is operating in a chain of command — something that Sen. Kristen Gillibrand, D-N.Y., has sought repeatedly to change through legislation.
Christensen said that sexual assault cases in military court are lengthy and arduous. “I have prosecuted and defended almost every case you can imagine — sexual assault is the most difficult you can do,” he said.
“No one should have to suffer the chain of command when they report these crimes,” Gillibrand said last year. “Retaliation happens so often that a majority of these assaults go unreported. Every military victim of sexual assault deserves due process, professional treatment by a trained military official at each opportunity to seek and receive justice.”
In 2014, Hillary Clinton announced her support for Gillibrand’s bill in an interview on CNN. “And remember, it’s not only women, it’s men who’ve been assaulted as well,” she said.
Top photo: Soldiers, officers, and civilians attend a ceremony for the U.S. Army’s annual observance of Sexual Assault Awareness and Prevention Month at the Pentagon in 2015.
IT’S EVEN WORSE THAN WE THOUGHT.
What we’re seeing right now from Donald Trump is a full-on authoritarian takeover of the U.S. government.
This is not hyperbole.
Court orders are being ignored. MAGA loyalists have been put in charge of the military and federal law enforcement agencies. The Department of Government Efficiency has stripped Congress of its power of the purse. News outlets that challenge Trump have been banished or put under investigation.
Yet far too many are still covering Trump’s assault on democracy like politics as usual, with flattering headlines describing Trump as “unconventional,” “testing the boundaries,” and “aggressively flexing power.”
The Intercept has long covered authoritarian governments, billionaire oligarchs, and backsliding democracies around the world. We understand the challenge we face in Trump and the vital importance of press freedom in defending democracy.
We’re independent of corporate interests. Will you help us?
IT’S BEEN A DEVASTATING year for journalism — the worst in modern U.S. history.
We have a president with utter contempt for truth aggressively using the government’s full powers to dismantle the free press. Corporate news outlets have cowered, becoming accessories in Trump’s project to create a post-truth America. Right-wing billionaires have pounced, buying up media organizations and rebuilding the information environment to their liking.
In this most perilous moment for democracy, The Intercept is fighting back. But to do so effectively, we need to grow.
That’s where you come in. Will you help us expand our reporting capacity in time to hit the ground running in 2026?
We’re independent of corporate interests. Will you help us?
I’M BEN MUESSIG, The Intercept’s editor-in-chief. It’s been a devastating year for journalism — the worst in modern U.S. history.
We have a president with utter contempt for truth aggressively using the government’s full powers to dismantle the free press. Corporate news outlets have cowered, becoming accessories in Trump’s project to create a post-truth America. Right-wing billionaires have pounced, buying up media organizations and rebuilding the information environment to their liking.
In this most perilous moment for democracy, The Intercept is fighting back. But to do so effectively, we need to grow.
That’s where you come in. Will you help us expand our reporting capacity in time to hit the ground running in 2026?
We’re independent of corporate interests. Will you help us?
Latest Stories
Voices
Kash Patel Is Using MAGA’s Favorite Tool to Muzzle the Free Press
By suing The Atlantic for defamation, the FBI director is leveraging one of Trump’s legal tactics to tamp down free speech.
License to Kill
Trump Has Already Spent at Least $4.7 Billion Attacking Latin America
It’s not cheap to attack Venezuela and capture its president or conduct dozens of strikes on civilian boats.
ChatGPT Confessed to a Crime It Couldn’t Possibly Have Committed
A renown criminologist’s experiment with ChatGPT demonstrates the destructive power of police to elicit false confessions.