#IamVanessaGuillen: We the Victims of Military "Justice"
Content Warning: This article discusses incidents of sexual abuse, harassment, and suicide. It also describes details of a homicide case. Please read at your own discretion.
Layout by Jackie Ng
The Victim
On April 22, 2020, 20-year-old US Army Private First Class Vanessa Guillen, stationed at Fort Hood, Texas, received a text asking for assistance in the armory from a colleague. Once she entered the armoury, she was never heard from again. When she didn’t report to work the next day, her command did what was expected of them, and started an investigation into her disappearance. The painful irony is that if Vanessa had believed her command would also do what was expected of them in the case of sexual assault and harassment, a different investigation would have taken place, one that most likely would have prevented her death.
It took the Army Criminal Investigation Department (CID) until June 30th to trace her abduction back to Army Specialist Aaron Robinson, who had beaten Vanessa to death in the Fort Hood armory with a hammer that day in April and then smuggled her body out in a large box, in full view of his clueless co-workers. That night, Robinson (20) and his civilian girlfriend Cecily Aguilar (22) drove some 20 miles out of town to the banks of the Leon River and took a hatchet to Vanessa’s body and tried to burn and scatter what was left. At the end of June, when Robinson found out that Vanessa’s remains had been discovered through breaking news reports on his phone, he texted his girlfriend to warn her, and then committed suicide as the police approached him (Diaz). Aguilar is still in custody on charges of tampering with evidence, and as of the writing of this article in April of 2021, has not yet appeared in court (Caldwell).
Other than working in neighboring buildings on the base in similar capacities, Private First Class Guillen and Specialist Robinson had no official connection. It was Vanessa’s mother who told the CID that Vanessa had admitted to her and a friend prior to her disappearance that she had been dealing with multiple instances of sexual harassment and assault and that Vanessa had felt uncomfortable reporting them to her superiors for fear of reprisal or even just outright being ignored. “My daughter didn’t give me a name ...But I begged Vanessa’s friend so much… And she said, ‘Yes, yes, there is a man: Robinson.’” Natalie Khawam, the Guillens’ family attorney, elaborated, “I was told that he followed her into a shower, and there was another person that also harassed her, used vulgar words”(ABC News).
In July 2020, the Army launched an investigation into Fort Hood and concluded in December with a report stating that the Texas base had “major flaws” and it had built a “command climate that was permissive of sexual harassment and sexual assault” (Mervosh). During the investigation, more than five hundred female soldiers were interviewed and at least ninety-three credible accounts of sexual assault were discovered; of those, just fifty-nine had been officially reported. They also found 135 credible instances of sexual harassment with just seventy-two having been reported. There was no mention of the resulting disciplinary action for the cases that were reported (Mervosh).
This scathing review of the nation’s third-largest military installation led to the firing or suspension of fourteen high-ranking military individuals associated with Fort Hood, including the overall commanding officer of the base and Vanessa Guillen’s direct superior officer. This is an unprecedented response from the Army to find so many at fault, but it came too late to help Sergeant Elder Fernandes, a 23-year-old also stationed at Fort Hood, but who worked at a different command than Vanessa. Elder, who had reported a superior for sexual assault, had his case thrown out as “unsubstaniated” and was transferred to a different unit within his brigade “to ensure he received the proper care and ensure there were no opportunities for reprisals,” as stated by a command spokesperson (Waller). That was absolutely impossible to accomplish, and Elder was heavily bullied and hazed. After trying to get help by spending a week at the Army’s Medical Center for “psychiatric reasons,” his body was found thirty miles from base in late August, with no signs of foul play. One of the fourteen officers dismissed from service in the wake of December’s report was Elder’s superior officer. No one has been held accountable for any actions that contributed to Sgt. Fernandes alleged suicide (Mervosh).
Elder Fernandes’ story is exactly what Vanessa Guillen feared would happen to her. And they are not alone in their experiences, and Fort Hood is not the only place that these injustices are being committed.
The Victims
@iamgovickyg “I didn’t know her but I could’ve been her. Anyone who enlisted or had the idea to enlist, this could’ve been us! It could be our family asking for #justice tomorrow. #JusticeForVanessaGuillen #iamvanessaguillen #iamhervoice.” (Twitter)
In 1991, the military experienced a wake-up call in the form of the infamous “Tailhook Scandal.” An annual meetup of Navy pilots and aviation-associated individuals consisting of both active service and retirees, the Tailhook Symposium often turned into a racious party the likes of which a college campus could only dream of. Lt. Paula Coughlin, a young Navy helicopter pilot, was one of the attendees and also one of the eighty-three women and seven men who were sexually assaulted during the weekend event. Only Paula stepped forward to report the crime, which led to the resignation of the Secretary of the Navy, disciplinary hearings for several admirals, and the beginning of the military’s “zero tolerance” stance on sexual harassment and assault (Sicard). Flash forward to today, and Katie Chorbak, an Army veteran, laughs at the idea that “zero tolerance” ever meant anything. “When you have convicted sex offenders that get to stay. When you have convicted sex offenders that get to retire with full benefits after conviction. [Zero tolerance] means nothing to anybody” (Stars and Stripes).
Summer of 2020 proved Chorbak right, as the case of Vanessa Guillen broke to the public over the July 4th weekend. While the United States was reeling from Black Lives Matter protests, COVID-19 outbreaks, quarantine, death tolls, and even a presidential election, hundreds of victims of military sexual trauma were taking to Twitter and other avenues to show solidarity and support for the Guillen family and to finally tell their stories. Nearly all of them were about how much the “zero tolerance” military justice system had failed to protect them, and more disturbingly, how often their offenders walked away without repercussions. #IamVanessaGuillen became rallying cry of the military community’s #MeToo moment.
“We see what happened to Vanessa. We see the inconsistencies in the system. We see the lack of accountability. How is it that this girl was missing for more than a month?” (Sicard) This frustrated plea was from former Army Specialist Ashley Martinez, a sexual assault survivor that eventally left the military entirely after failing to find justice within the system. Every level of military service, from the newest recruit at basic training to students at West Point Academy had tales to tell of assault, harassment, and the military failing to hold anyone accountable. Veterans came online to tell, often for the first time, about experiences they had in the 1980s and 1990s, when women were still very new to ships and war zones (Steinhauer). Some stories were of survivors having the allegations being turned against them, and being forced to leave the military for trumped-up charges like adultery because their rapist was married at the time of the assault (Sicard). It was both a glorious moment of community solidarity and absolutely horrifying to witness the sheer volume of responses.
For as many survivors that responded to the hashtag with their own stories, there are just as many who are still keeping quiet. The Department of Defense statistics for cases of unwanted sexual contact of any degree of severity are sharply increasing every year; between 2017 and 2019 there was an almost 50% jump in reported sexual misconduct cases, with nearly 21,000 reports in 2019 alone (Bottari). But we cannot determine if that is indicative of an increase in trust in the established investigative and reporting process, or of a military culture that is increasingly permissive of sexual assault and harassment, until the victims are willing to tell us their stories without fear of reprisal, as well as trust that their offenders will actually be brought to justice.
The Response
@xianpizano she deserved so much more. #JusticeForVanessaGuillen (Twitter)
In a rare bi-partisan moment during the Trump administration, House Bill H.R. 8270, the “I Am Vanessa Guillen Act of 2020” was introduced to Congress on September 16, 2020 (Congress.gov). Representatives Jackie Speier (D-CA), Chair of the House Armed Services Military Personnel Subcommittee, Markwayne Mullin (R-OK), Sylvia Garcia (D-TX), John Carter (R-TX), Veronica Escobar (D-TX), Pete Olson (R-TX), Jason Crow (D-CO), and Gilbert R. Cisneros, Jr. (D-CA) are just a few of the 187 names attached to this bill, with a similar Senate bill being introduced simultaneously. This Act calls for reforms to the Uniform Code of Military Justice (UCMJ) surrounding sexual misconduct cases, including establishing a third-party investigative and reporting procedure and criminalizing sexual harassment (Speier). Interestingly, it would actually make the UCMJ the first legal system in the United States that designates sexual harassment as a criminal act rather than a civil issue (England).
The individual military services are also taking a hard look at their internal justice systems and attempting to tackle the gaps that Vanessa and her movement shined a spotlight on. It will be a long and ongoing battle, however, as Don Christensen of the non-profit organization Protect Our Defenders can attest. A 23-year Air Force veteran, military lawyer, and judge, his group provides legal counsel to victims of sexual assault and works toward reforms of the military justice system. “The military will never completely be free of sexual misconduct, but holding people accountable is the only real way to get these instances down to ‘acceptable levels,’” Christensen states. “You can train people not to rape or commit sexual assault or sexual harassment. It’s still going to happen.” The problem is the failed accountability system and permissive culture currently surrounding military sexual misconduct. “No one thinks murder’s OK, but it still happens… Well, think how bad murder would be if people knew there were no consequences to it and that’s really what’s happening in the military” (Morgan). Christensen concurs with the basic premise of the I am Vanessa Guillen Act that the job of investigating and prosecuting cases of sexual misconduct should be taken out of the hands of the military, as commanding officers are simply not trained or equipped to handle it correctly. It would be a step in the right direction, but there is so much more change that is needed across the board.
Other movements toward reform include the establishment of an independent prosecutor for special victim offenses at military academies, who have also experienced a 30% increase in sexual misconduct reports since last year. The Navy is conducting research into how to identify and teach sailors about “gray-zone” behaviors that, while not easily falling under the Navy’s definition of sexual harassment, are also not conductive to a healthy work environment. The Marines responded swiftly to a nude photo scandal in 2017 by requiring the entirety of its Corps to attend and sign an acknowledgement of sexual harassment training, filed into their service records (Morgan). This notation in their record allows the offenders to be prosecuted more severely, as it proves that the offender had been previously warned.
April 22, 2021 is the one-year anniversary of Vanessa Guillen’s murder, and it is also Sexual Assault Awareness Month. A year on, and this systemic problem in the military has not changed. The hoped-for progress that the I Am Vanessa Guillen Act was supposed to bring has never been brought to fruition. As a product of the prior administration, the Bill has “died” on the Congress floor, and will have to be completely reintroduced under the Biden administration, but the attention at Capitol Hill from this summer just isn’t there anymore (Adams). Every day, it is business as usual. In March 2021, a colonel in the Pennsylvania Air National Guard was allowed to quietly retire while his command was under investigation for his fostering of a command climate described as a “male chauvinist fighter jock culture that never got out of the 1980s” (Roza). The tipping point earlier in the year for the whistleblower in Pennsylvania was observing the command at sexual assault training. When asked about their response to seeing someone sneak drugs into a woman’s drink, the auditorium broke out with laughter and shouts of “rape her!” or “give her more drugs!” The stories continue to accumulate wherever in the world the U.S. military has a presence. An Airman in Misawa, Japan resorted to Instagram to get help when her command refused to deal with a fellow Airman who was stalking and harassing her (Roza). A similar lack of progress can be seen with a Marine who posted an emotional TikTok in February venting about the results of her reported case. Spoilers, her alleged abuser is still in the Marine Corps and she furiously reminds us that “this is exactly why f**king females in the military kill themselves” (#NotInMyMarineCorps). Why do people have to die before those in power even try to solve the problem?
“Enough is enough. We didn’t have to lose Vanessa,” Natalie Khawam, the Guillen and Fernandes families’ lawyer said it best. “We didn’t have to lose any of these soldiers. They go and they sign up to fight for our country, to take a bullet for our country. Not to get sexually harassed and sexually assaulted… They fight for us. It’s time we fight for them” (Correll).
If you would like to support the #MilitaryMeToo movement or #JusticeforVanessaGuillen, please follow @FindVannesaGuillen and any of the appropriate tags on Twitter, Facebook, or Instagram for updates.
Works Cited:
#NotInMyMarineCorps. “This Is What Happens When You Report Your Assault in the @USMC He Admits His Guilt and Then Is Retained by the Commanding General after Everyone Else Recommended Do Not Retain. @RepSpeier @SenGillibrand @KamalaHarris @SecDef This Is Bullshit. #Metoomilitary #Sexualassault Pic.twitter.com/xogqY4SPKI.” Twitter, Twitter, 18 Feb. 2021, twitter.com/NotInMyMarines/status/1362495640601780225.
ABC News, ABC News Network, abcnews.go.com/Politics/army-release-results-broad-review-fort-hood-command/story?id=74594925.
Adams, David. “Congress to Let Military Reform Bill #IAmVanessaGuillen Die without a Vote.” Univision, 14 Dec. 2020, www.univision.com/univision-news/united-states/congress-lets-iamvanessaguillen-military-reform-bill-die.
Bottari, Brooks. “#Iamvanessaguillen: The Pandemic of Sexual Assault in the Military.” Mental Health America, 6 Aug. 2020, mhanational.org/blog/iamvanessaguillen-pandemic-sexual-assault-military.
Caldwell, Jasmin. “'Justice Delayed Is Justice Denied': Family of Vanessa Guillen Speaks about Delayed Trial.” Kcentv.com, 4 Mar. 2021, www.kcentv.com/article/news/family-of-vanessa-guillen-speaks-about-delayed-trial/500-8ad53511-eabb-47c4-b5a3-8a6fd39b11ae.
Correll, Diana Stancy. “I Am Vanessa Guillén Act Unveiled to Reform How Military Addresses Sexual Misconduct.” Military Times, Military Times, 16 Sept. 2020, www.militarytimes.com/news/your-military/2020/09/16/i-am-vanessa-guillen-act-unveiled-to-reform-how-military-addresses-sexual-misconduct/.
Diaz, Johnny, et al. “What We Know About the Death of Vanessa Guillen.” The New York Times, The New York Times, 2 July 2020, www.nytimes.com/article/vanessa-guillen-fort-hood.html.
England, Deborah C. “Is Sexual Harassment in the Workplace a Crime?” Www.criminaldefenselawyer.com, Nolo, 7 Oct. 2020, www.criminaldefenselawyer.com/resources/is-sexual-harassment-workplace-a-crime.htm.
Mervosh, Sarah, and John Ismay. “Army Finds 'Major Flaws' at Fort Hood; 14 Officials Disciplined.” The New York Times, The New York Times, 8 Dec. 2020, www.nytimes.com/2020/12/08/us/fort-hood-officers-fired-vanessa-guillen.html.
Morgan, Jared. “Navy 'Gray-Zone Behavior' Study Part of Military Sexual Assault Prevention and Response Effort.” Military Times, Military Times, 18 Sept. 2020, www.militarytimes.com/news/your-military/2020/09/16/navy-gray-zone-behavior-study-part-of-military-sexual-assault-prevention-and-response-effort/.
Roza, David. “An Air Guard Colonel Was Allowed to Quietly Retire While His Unit Was Investigated for Sexual Misconduct.” Task & Purpose, 9 Apr. 2021, taskandpurpose.com/news/pennsylvania-national-guard-sexual-harassment/?fbclid=IwAR37tOpMw0b4Zsx0a5wNw-u3pGx8SOTvdhRP15PZoRQxkOWBotYrMud-JEg.
Sicard, Sarah. “Hundreds Come Forward as #IAmVanessaGuillen Movement Surges Online.” Military Times, Military Times, 13 July 2020, www.militarytimes.com/off-duty/military-culture/2020/07/13/hundreds-come-forward-as-iamvanessaguillen-movement-surges-online/.
Speier, Jackie. “Text - H.R.8270 - 116th Congress (2019-2020): I Am Vanessa Guillén Act of 2020.” Congress.gov, 16 Sept. 2020, www.congress.gov/bill/116th-congress/house-bill/8270/text?r=1&s=1.
Stars and Stripes. Fast Take: 'Zero Tolerance Means Absolutely Nothing in the Military', STARS AND STRIPES, 25 Mar. 2021, www.stripes.com/podcasts/military-matters/fast-take-zero-tolerance-means-absolutely-nothing-in-the-military-1.667178.
Steinhauer, Jennifer. “A #MeToo Moment Emerges for Military Women After Soldier's Killing.” The New York Times, The New York Times, 11 July 2020, www.nytimes.com/2020/07/11/us/politics/military-women-metoo-fort-hood.html?action=click&module=RelatedLinks&pgtype=Article.
VickyG?✨. “#JusticeForVanessaGuillen #Vanessaguillen #Iamvanessaguillen #Iamhervoice I Didn't Know Her but I Could've Been Her. Anyone Who Enlisted or Had the Idea to Enlist, This Could've Been Us! It Could Be Our Family Asking for #Justice Tomorrow. Pic.twitter.com/0Xd4lMZVxF.” Twitter, Twitter, 25 Mar. 2021, twitter.com/iamgovickyg/status/1374926949232042017.
Waller, Allyson. “Family of Fort Hood Soldier Found Dead Demands Congress Investigate.” The New York Times, The New York Times, 26 Aug. 2020, www.nytimes.com/2020/08/26/us/elder-fernandes-ft-hood-missing.html.