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The Lawfare Podcast

Ashley Merryman on the ‘Dangerous’ Cycle of Pentagon Sexual Harassment Policy

The Lawfare Podcast

The Lawfare Institute

Politics, Terrorism, National Security, News, Foreign Policy, Diplomacy, Intelligence, Rule Of Law, Military, Constitutional Law, Current Events, International Relations, History, International Law, Government, Law

4.76.4K Ratings

🗓️ 25 April 2023

⏱️ 57 minutes

🧾️ Download transcript

Summary

April is Sexual Assault Awareness and Prevention month. It’s a time—recognized by civilian and U.S. military communities—intended to promote the prevention of sexual violence, especially in U.S. armed forces. In light of Sexual Assault Awareness and Prevention month, Lawfare Associate Editor Katherine Pompilio sat down with author and attorney Ashley Merryman, who previously served at the Pentagon as Special Advisor for the Department of the Navy’s Sexual Assault Prevention and Response Office. They discussed the prevalence of sexual assault and harassment at U.S. military academies, the dangerous shortcomings of the Pentagon's “lowest level” policy to address sexual harassment, how the policy came to be and why it persists, and policy recommendations for the future.

Listener discretion is advised. This episode contains discussion of sexual harassment and assault.

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Transcript

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0:00.0

The following podcast contains advertising.

0:04.0

To access an ad-free version of the LawFair podcast,

0:08.0

become a material supporter of LawFair at patreon.com slash law fair.

0:14.0

That's patreon.com slash law fair.

0:18.0

Also, check out LawFair's other podcast offerings,

0:22.0

rational security, chatter, law fair no bull, and the aftermath.

0:29.0

The name of the game is to convince someone not to report.

0:39.0

So nothing you do in terms of how you prosecute is going to matter

0:43.0

until we stop this practice.

0:45.0

As long as you keep saying you really shouldn't do this,

0:49.0

it's not a crime.

0:51.0

It's just a human relations issue.

0:53.0

Saying that we have a new office to litigate the reported

0:57.0

harassment is not going to happen.

0:59.0

I mentioned that the top, you know, almost 4,000 cadets

1:03.0

in midshipment we estimate had been sexually harassed.

1:07.0

There were about 40 reports at the academies,

1:11.0

40 reports, and nothing in the report actually shows

1:17.0

that anything actually happens for those 40 reports.

1:21.0

You have to imagine how terrible it was

1:25.0

for 40 people out of 4,000 to come forward and complain, right?

1:29.0

And not one action was taken, at least not according to the report.

...

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