In the Legislature, it is our responsibility to do everything we can to address military sexual trauma and protect Maine’s National Guard members. That includes passing L.D. 1783 this session.
This bill is the result of tireless efforts from military sexual trauma survivors and advocates working to support them and hold perpetrators accountable. I am a proud sponsor of this legislation, which would continue the work the Legislature’s Veterans and Legal Affairs Committee started during the 130th Legislature and build on previous bills to study and enhance efforts to prevent and respond to sexual assault and harassment in the Guard.
L.D. 1783 would implement recommendations from the Governor’s Advisory Council on Military Sexual Trauma, which included representatives from the Guard, law enforcement and organizations supporting survivors.
The council identified several key areas of Maine law that need to be updated, with the most crucial being data collection, amending the Victims’ Compensation Fund to better support survivors, providing funding for a liaison to help further assist those who have experienced trauma and adopting a paid leave provision.
In order for legislators to make effective policies, we need good data. L.D. 1783 would require a yearly report from the adjutant general, enabling the Legislature to have better oversight of the Guard, establish stronger trust and transparency and encourage policies that will improve support for members while preventing sexual assault and holding perpetrators accountable. Providing the council with data on the number of restricted and unrestricted reports of sexual assault and harassment as well as on retention and promotion based on gender will help identify potential areas of growth in making further recommendations. The council also stated its intent to explore deeper cultural issues within the Guard.
Additionally, amending the laws governing the Victims’ Compensation Fund will support survivors. Currently, eligibility for accessing this fund is limited to those who report an incident directly to law enforcement. However, when a Guard member makes an unrestricted report, the Guard is responsible for informing local law enforcement. This bill would ensure that making a report regarding sexual assault to the Guard is sufficient to access compensation.
Further, the council identified the need for funding for a military sexual trauma liaison, which will allow for greater community-based coordination in addressing trauma. And finally, L.D. 1783 outlines a paid leave provision for both the survivor and their alleged perpetrator, or an agreed-upon alternative. Working alongside your abuser during an ongoing investigation is traumatic for survivors and not conducive to a safe working environment.
Establishing a paid leave provision does not mean that all parties involved will receive compensation during the entire investigation. Rather, it gives the reporting party the right to consult with a victim advocate before agreeing to any proposed plan to have one or both parties return to work. This will ensure that survivors feel a sense of agency and understand their rights when making decisions while the investigation is pending.
While Congress has taken action to address military sexual trauma, including in the National Guard, it is absolutely crucial that we enshrine the recommendations outlined by the council into Maine statute. These provisions will complement ongoing efforts by Congress, and the Guard is capable of implementing them. This legislation will direct the Guard to report data to the Veterans and Legal Affairs Committee each year, helping to guide the council and the Legislature in our continued work.
During public hearings on this bill, the Legislature heard many devastating accounts of Guard members who have experienced sexual trauma while serving. We heard stories of traumatic experiences that no one should have to endure. We can and must do better.
Please reach out to your state representative and senator urging them to vote in support of L.D. 1783. Failure to pass this legislation puts our Guard members at risk and undermines the important steps taken thus far to address this serious issue.
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