Governor Mills Thanks Advisory Council on Military Sexual Trauma for Recommendations

Governor says she looks forward to reviewing recommendations and asks Advisory Council to continue meeting on a regular basis moving forward

The Advisory Council on Military Sexual Trauma, established by Governor Janet Mills through an Executive Order earlier this year, delivered to the Governor today its recommendations for how the Maine National Guard can further improve its response to sexual assault and sexual harassment within its ranks. The recommendations largely focus on how to improve the coordination of state and local law enforcement, prosecutors, and National Guard personnel as they respond to individual cases. 

“I am deeply grateful for the service ofthese dedicated Council members whose experience and knowledge will help the National Guard strengthen its work to prevent and respond to sexual assault and harassment,” said Governor Janet Mills. “I look forward to reviewing these recommendations and to ensuring that we are taking immediate, responsive action to reported allegations, providing justice and support for survivors, and delivering accountability for the perpetrators. In the meantime, I have asked the Council to continue meeting on a regular basis, as it deems appropriate, so that we may can continue to ensure that we are doing all we can to meet our commitment to Maine’s Guard members.”

“Working with the Advisory Council has been an excellent opportunity for service members, advocacy professionals, law enforcement, and legal representatives to hear and to learn from one another about how we can work together to further support survivors and hold accountable those who fail to live up to our values,” said Major General Douglas Farnham, Maine’s Adjutant General. “I greatly appreciate the time and careful thought put in these past few months, by both Council members and by all the military and civilian support staff who made their voices heard and contributed in meaningful ways to these important discussions. We look forward to continuing to work with the Council in the near future.”

The eleven member Advisory Council works to ensure that survivors of harassment or assault in the military are being connected to all available resources and to improve the Maine National Guard’s responses to assault and harassment within its ranks.

Last year, Governor Mills signed into law LD 625, which directed the Maine National Guard to evaluate what actions could be taken at the State level to strengthen or improve the Guard’s response to sexual harassment and assault. In March, the Maine National Guard submitted that report to the Legislature, identifying five steps to strengthen its response to sexual assault and harassment, including forming the Advisory Council.

The Governor then signed into law LD 2029, which, when taken together with the Advisory Council and other actions being undertaken by the Maine National Guard, fulfill the five action steps, which include:

1. Streamlines military and civilian protection orders: The law amends the Maine Criminal Code to recognize legal authority of the orders of military commanders outside of duty times. Previously, commanders could issue orders for military members in their command to have no contact with other service members; however, those service members could only be held accountable when they are on military status or military property. While these are lawful orders, they were not recognized in state courts. Because of this gap, there may not have been consequences for harassment once military training is over and the service member is off the military installation – where service members spend most of their time.

2. Requires the Maine National Guard to provide post-discharge travel funds for sexual assault or harassment proceedings: The law requires the Maine National Guard to make post-discharge travel funds available to eligible service members and former service members involved in sexual assault or sexual harassment proceedings. Once a victim of sexual assault or sexual harassment has left the military, they can be put on a State Active Duty order to participate in investigations and board proceedings, prosecute sex offenders or complete other administrative matters. These orders require travel and its associated costs can be prohibitive. These costs should not be borne by the victims. The Maine National Guard will locate funding and make it available for their use.

3. Provide the Maine National Guard a seat on the Maine Commission on Domestic and Sexual Abuse: The law provides a dedicated seat on the Maine Commission on Domestic and Sexual Abuse for a representative of the Maine National Guard with experience in sexual assault response, as designated by 19-A M.R.S. § 4013 (establishes the Maine Commission on Domestic and Sexual Abuse). Previously, the Commission did not formally include any members who represent the military community. While the Maine National Guard sent an attendee to these meetings whenever possible, formal and full membership on this Commission will provide the MENG an opportunity to represent and advocate for service members during policy making procedures.

4. Attorney General Review of Law Enforcement Response to Guard Sexual Assault and Harassment Allegations: Under national regulations, if the Maine National Guard receives an unrestricted report of sexual assault the Guard reports it directly to civilian law enforcement to ensure an independent investigation. If civilian authorities decline to pursue criminal charges in the court system, or if survivors choose not to pursue civil action, the Guard then refers cases to outside Federal investigators and uses their findings to pursue administrative action. The law directs a review by the Attorney General of the manner in which law enforcement agencies and prosecutors in Maine investigated and prosecuted allegations of sexual assault or harassment by members of the Guard against other members of the Guard. The review will complement a review from the National Guard Bureau, requested by The Adjutant General, of the Maine National Guard’s sexual assault prevention and response programming and regulatory adherence, which determined that “all aspects of the programs were found in compliance with National Guard Bureau policies and guidance.”

5. Establishes Annual Report: The law requires an annual report from the Maine National Guard to the Legislature’s Committee on Veterans’ and Legal Affairs to provide an update on allegations of sexual assault or harassment in the Guard. 

To better support survivors as they interact with law enforcement or the legal system, in 2017 the Maine National Guard created, and recently strengthened, an Office of the Provost Marshal to serve as a centralized liaison and conduit to the law enforcement and criminal justice community. The provost marshal also ensures that service members who are victims of any crime have Maine National Guard support as their cases move forward. In its review, the National Guard Bureau noted that, “Although this is a relatively new program, the procedures and authority outlined by the Provost Marshal show great promise and may be an example of a best practice for other States to adopt.”

The Guard also hired its first-ever Victim Advocate Coordinator, which will enable the SAPR program to better recruit, train, and credential additional victim advocates, as well as provide additional 24/7 support to victims. 

Additionally, with Federal funding now becoming available, Maine and other states are laying the groundwork for an Integrated Primary Prevention Program, as the National Guard looks to enhance existing programming by drawing holistic preventative efforts under a single umbrella. For Maine, this means an additional team of up to four personnel focused on increasing resilience and further reducing self-harm, substance abuse, any form of family or workplace abuse, mental health, and other issues that affect military populations and their families. The MENG’s newly-hired Integrated Primary Prevention Officer was one of several program managers to brief the Advisory Council on upcoming Federal initiatives as the new program is rolled out.

A copy of the Advisory Council’s recommendations is attached.