Content warning: Contains descriptions of sexual assault.
Australian senator and former Australian Defence Force (ADF) member Rex Patrick says the Senate should “get involved” after SBS News revealed women who made allegations against US marines felt discouraged by the ADF from following through on their complaints.
At the weekend, , with investigations into them by the ADF being shifted overseas or dropped.
Some of the survivors - including a woman who was assaulted in her own home and a woman whose drink was spiked at Robertson Barracks in Darwin - also spoke out about how they felt their cases were handled.
Senator Rex Patrick said the cases were “awful” and encouraged women to come forward.
“The allegations are awful. They, of course, need to be dealt with properly,” he said.
“I would encourage anyone who feels the system has failed them to get in contact with their local parliamentarian, or myself, who can raise these concerns and issues in Senate Estimates and protect the privacy of those involved.
Senator Rex Patrick, a former ADF member, encouraged survivors to come forward. Source: AAP
“It is totally unacceptable that women felt discouraged by the ADF. There’s no place for that.
“I think the Senate should absolutely get involved in this, and matters where there are systemic concerns.”
Senator Patrick said he could understand why a matter such as the assault on the woman in her own home may be handed over to US authorities, even though the incident happened on Australian soil.
“There’s complexity in these processes, and it can certainly be the case that in some matters a survivor could get a better result going through the US military justice system than the local jurisdiction, but it has to be a case by case basis,” he said.
“Nevertheless, it is concerning if any survivor felt this was an unsatisfactory process. And for a serious matter, on the face of it, the punishment seems relatively mild.”
The marine in that case pleaded guilty to assault and disorderly conduct at a United States Marine Corp trial, rather than sexual assault. He was demoted and given a term of hard labour, but no prison sentence.
US-Australian legal agreement ‘outdated’
US military personnel serving in Australia are covered by a , a legal framework which, among other things, outlines what should happen if they commit a crime on foreign soil.
The framework gives those it covers some specific legal rights beyond the laws of the land while serving in Australia, as well as Australian soldiers serving on American territory.
Professor Donald Rothwell, an expert on international law at the Australian National University, said the 1963 SOFA should be revised and brought up to modern standards in light of SBS News’ revelations.
“The SOFA involving Australian and US military forces came into effect in 1963, so one could argue in many cases it could be brought up to date with community expectations,” he said.
“For example, there are significant grey areas when it comes to US military personnel committing crimes on Australian soil. In those cases, there is joint jurisdiction between local police and US military authorities … but local authorities can elect to hand over jurisdiction to the foreign military authorities.”
“In almost every very serious case involving American soldiers on Australian soil that I can think of, American authorities have handled jurisdiction.
Members of the Marine Rotational Force are regularly based in the Northern Territory. Source: AAP
“We need to see much more clarity over what circumstance would constitute Australian jurisdiction and American jurisdiction, for example in particularly serious cases like rape or murder.
“It’s time this SOFA was looked at to see whether it’s robust enough to protect Australian citizens.”
In a statement provided to SBS News, the Department of Defence said in accordance with the SOFA, if US service personnel commit criminal offences in Australia, this could fall under the jurisdiction of the state or territory police, or, where the police elect not to exercise jurisdiction, the US military authorities.
“Defence does not have any jurisdiction in such cases,” a spokesperson said.
“Where allegations are raised, Defence is committed to supporting those affected and to holding perpetrators to account.”
Women Veterans Network Australia spokeswoman and former Australian Army major Dr Kerry Summerscales said calls for a revision of Australia's SOFA with the US was "urgently overdue".
"I am absolutely shocked at what SBS uncovered, but not totally surprised," she said.
"I loved the ADF and it has come a long way in the last 30 years, but what has happened here is someone has gotten a slap on the wrist for an alleged indecent assault, and that's simply not good enough."
Dr Summerscales, who served in the ADF for 30 years, said she had supported fellow veterans who had dealt with sexual harassment in the military.
"We need cultural change from the top down and we need to do a better job at protecting women who serve this country in uniform," she said.
"I'd welcome the Senate looking into this."
The Minister for Defence Peter Dutton, the Shadow Minister for Defence Brendan O’Connor, and NT Police did not respond to a request for comment.
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