Staff Sgt. Myra Estes, a dental hygienist of the Maine Army National Guard Medical Detachment mentors Pfc. Allison Alcantara, a dental specialist with the detachment during a land navigation course at the Bog Brook Training Site in Gilead, August 11-17, 2017. (Photo via Maine National Guard)
Lawmakers on both sides of the aisle urged the Veterans and Legal Affairs Committee to provide funding to increase services for both active duty military and veterans who are survivors of sexual assault and harassment.
The Legislature approved one of these measures last session, which aims to fund military sexual trauma liaisons, however end-of-session procedural scuffles resulted in it ultimately failing to become law.
Rep. Morgan Rielly (D-Westbrook) re-introduced that initiative this session, along with another bill aimed at lowering barriers for survivors who already have a military protective order and are seeking the additional protections available through Maine’s courts.
While there was no opposition during Wednesday’s public hearing on the renewed push for liaisons, the plan to streamline Maine courts’ abilities to consider military protection orders when ruling on abuse or harassment cases was opposed by the state’s judicial branch, representatives of which argued the change would negatively interfere with a defendant’s due process rights.
Military sexual trauma liaisons
For the third time, Rielly came before the committee to ask for funding for military sexual trauma liaisons — this time through LD 662, which is also co-sponsored by three other Democrats and one Republican.
Last session, a similar bill from Rielly, LD 2263, initially passed both chambers but got caught up in the funding process. Initially drafted to fund two liaisons at community-based organizations, the Appropriations and Financial Affairs Committee adjusted the fiscal note to only approve funding for one. When the amended bill was sent back to the Legislature for approval, it was not voted on again before the session ended.
Veterans of all ages, racial backgrounds and branches have experienced military sexual trauma, a term used by Veterans Affairs to refer to sexual assault or harassment experienced during military service. However, MST is most common among female veterans, with about one in three reporting it to their veteran affairs health care provider.
Veterans and those who work for organizations that support active and former service members repeatedly cited these statistics but with the caveat that the true number of cases is much larger, as MST is underreported because of fears of retaliation, skepticism about being believed and stigma surrounding blame.
In Maine, specifically, a Bangor Daily News investigation in 2021 found assaults and harassment against women in the state Army National Guard had continued unchecked for more than a decade and created a predatory culture that drove women out of the service.
These liaisons wouldn’t replace nor interfere with existing supports, such the Maine National Guard Sexual Assault Response Coordinators, Rielly clarified.
“These positions are purely for support out in the community, and they’re also for veterans who aren’t able to access SARCs and for any Guard members who feel the need to reach out to them for additional support,” Rielly said.
He also pointed out that liaisons have been recommended on the state level by the Advisory Council on Military Sexual Trauma and the federal level by the Department of Defense’s Independent Review Commission on Sexual Assault in the Military.
Bill co-sponsor Rep. Mathew David McIntyre (R-Lowell) said while he understands there are some existing resources for the state’s active duty reserve and veteran uniform military who have faced sexual trauma, he believes the funding in this bill is both nominal and reasonable to improve the portfolio of support available to victims.
“I have been provided assurances the program will remain under the careful watch of stakeholders to ensure that resources sought and authorized do not grow beyond a defined need and, most importantly, that we will not accidentally create layers of bureaucracy that impede timely victim access to these critical support resources,” McIntyre said.
Rielly’s proposal last session sought to fund liaisons at organizations such as Sisters in Arms, which offers temporary housing and resources to female veterans, representatives from which turned out in support of the measure reintroduced on Wednesday.
Recently retired soldier Brian Kresge, who told lawmakers he was sexually assaulted during a hazing ritual, said he has seen Sisters in Arms help house both veterans and active duty members.
As the former treasurer for Sisters in Arms, Kresge said while the group has recently increased its donation revenue, it cannot continue to meet the demand for services or provide more meaningful wrap-around support without commitment from the state.
“The more we can offer beyond just housing, the more we can tap into grants and funds,” Kresge said. “I would urge this committee to see this relatively small apportionment as planting a seed that will grow into something meaningful for this underserved group of veterans in Maine.”
Protective orders
A Military Protection Order is issued by a commanding officer to protect a victim of alleged abuse, harassment or threats by restricting the actions and movement of the service member who is alleged to have committed harmful behaviors, however MPOs aren’t recognized or enforced outside of military installations.
Melissa Willette, regional liaison for the U.S. Department of Defense, told lawmakers that explicitly allowing MPOs to be introduced in court as evidence when a victim is seeking a temporary protection from abuse order would provide greater access to protections, services and advocacy that aren’t otherwise available to victims through a standalone MPO.
That’s what Rielly has proposed allowing through LD 665, which has Democratic and Republican co-sponsors.
“If a victim can swiftly convert a military protective order into a temporary protection from abuse order, we are helping to ensure consistent safety across jurisdictions, which is crucial for a population that relocates often,” Willette said, testifying in support of the bill.
“Violence and harmful behavior extend well beyond an individual victim, as the effects of violence directly impact our service members and their families, the unit’s to which they are assigned and our greater national security.”
The bill is also supported by the Maine Coalition to End Domestic Violence and the Maine Coalition Against Sexual Assault, however its opposed by the Maine Judicial Branch.
Julie Finn, legislative analyst for the judiciary, told lawmakers that such a change puts due process protections at risk.
Currently, a plaintiff seeking an order of protection — commonly referred to as a restraining order — under state law can request that the court issue a temporary order, which if granted remains in effect until the final hearing on the complaint.
Because a temporary protection order can be issued when only one party is present in the courtroom, Maine law requires the plaintiff to put their allegations in writing under oath for the court to determine that the strict standards necessary for such an order have been met and before the defendant is notified.
The proposed amendments would remove these requirements, Finn said, allowing the court to issue a temporary protection order based solely on the existence of a military protective order.
“Military protective orders do not afford the respondent the same important due process protections as Maine statute,” Finn explained. “Specifically, a military protective order does not require a written sworn request, does not need to be made by the alleged victim. It can be requested by a victim advocate or certain limited other people, and does not involve a hearing or any opportunity for appeal.”