The military's sexual misconduct crisis is turning into a national security problem, say experts

There was a time when putting an allied general in a compromising position was the sole dominion of foreign intelligence services.

No longer.And while there have been no indications to date thatadversaries such as Russia and China have been involvedin the ongoing sexual misconduct crisis grippingthe Canadian military, the implications for national security are real and very stark, say U.S. military law experts.

The ethical and institutionalwoundsafflicting the Canadian Armed Forces all appear to be self-inflicted, as are those involving the actions of American military leaders.

Much of the commentary on the crisis in the militaryhas focused on social and institutional justice the promise ofa long-awaited reckoning forsurvivors of sexual assault and sexualmisconduct.

The flipside, seldom discussed, is how sexual misconduct can affect national security beyond the potential forblackmail scenarios the kind of salacious stuffyou findin spy fiction.

"I think it can present a real danger," said retired U.S. Army lieutenant-colonel Victor Hansen, a professor of law at the New England School of Lawin Boston.

"I think it has ... very tangible direct consequences to national security, but I think it has longer-reaching, more intangible effects."

How sexual misconduct threatens recruitment

The first danger, said Hansen, is to the military's talent pool the skills andtalents thatare lostwhen victims start to wonder howthey can remain loyal to an institution that allows misconduct to go unchecked, and decide to quit.

The Canadian military has seen that happen already, he said, citing therecent resignation of Lt.-Col. Eleanor Taylor a highly decorated combat officer who served as a company commander in Afghanistan and as a senior staff officer with special forces.

Taylor "could have been an agent for change and she's walking away, saying, 'I can't be a part of this anymore. I've lost complete confidence in this system to do justice,'" said Hansen.

"That has real and long-lasting impacts on national security."

In her widely publicized letter announcing herresignationas deputy commander of a reserve brigade, Taylor said she was "disgusted" by the fact that the country's two highest-ranking military officers are under investigation for misconduct.

Hansen said inappropriate behaviour by senior militaryleaders undermines public confidence and ultimately affects morale in the ranks.

He said the doublestandard that so often emerges in cases involving institutions struggling with misconduct the "do-as-I-say, not-as-I do"attitude is especially hardon military members because they're expected to follow orders, even if those orders put them in peril.

How sexual misconduct threatens discipline

When institutional problemslike the sexual misconduct crisis persist, Hansen said, serving members start to ask themselveshow far they're willing to goto follow a leader.

Lt.-Gen. Wayne Eyre, the acting commander of the Canadian military, has referred to the misconduct crisis as "an existential issue" for the Armed Forces because an all-volunteer force can't expect civilians to sign up if they don't trust the chain of command.

"This recruiting challenge goes beyond the military," saidEyre, who implored members of Parliament to rebuild thepublic'sconfidence in the military as a safe institution in which to serve.

WATCH:Lt.-Gen. Wayne Eyre says he asked for 'playbook' on sexual misconduct

Lt.-Gen. Eyre asked for 'playbook' on dealing with senior leadership misconduct

3 years ago

Duration 3:30

Acting Chief of Defence Staff Lt.-Gen. Wayne Eyre told a parliamentary committee he asked for a 'playbook' for dealing with misconduct among senior leaders in the Armed Forces.

In the immediate aftermath of allegations of inappropriate behaviour against former chief of the defence staff Gen. Jonathan Vance, the Liberal government promiseda full and independent review of misconduct in the Forces.

That pledge was repeated when Vance's successor, Admiral Art McDonald, stepped aside after military police began investigating a separate claim involving him. That investigation still isn't complete and the federal government has seemedcontentso farto simply allow the crisis to unfold.

Vance spoke with Global News after the allegations against him first surfaced. He declined to offercomment to CBC News. McDonald has not responded publicly to the investigation involving him.

On Wednesday, CBC News reported on allegations against the head of military personnel, Vice-Admiral Haydn Edmundson. A former ship steward has accused him of raping her while the two were deployed aboard HMCS Provider in the Pacific during an exercise in 1991.

In a statement to CBC News, Edmundsonsaid he categorically denies the allegations.

Sexual misconduct is "the black cloud" hangingover both Canadian and U.S. military leaders and both countries are struggling to address it, said retired U.S. Navy commander Phil Cave, president of the National Institute of Military Justice.

"It's become an enormous issue in terms of perception of leadership," he said. "And yes, it's an inflection point."

The U.S. Congress has looked intotaking authority over most military justice matters out of the hands of unit commanders where it traditionallyhas been vested and handing it over to military lawyers.

Canada's system of military justiceis similar to that of the United States.

Leaked, unconfirmed stories have suggested that theLiberal governmentis considering setting up an independent office to handle misconduct claims and could evenestablish an independent inspector general for the military, as other countries have done.

How serious the federal government is about thoseideas remains an open question.

Canadian Forces ombudsmanGregory Licktold a parliamentary committee last week that his office, which would be affected by such a reorganization, had not been consulted on the idea.

Cave said prosecutions of senior U.S. militarycommanders have been rarebut have gotten more frequent in recent years, reflecting society's changing attitudes.

The Pentagon cracks down

Attempting to getahead of the problema few years ago, the U.S. military tightened the regulations on fraternization among members clamping down on social relationships that can lead to misconduct.

"The new policy is much more stringent and it prohibits, really, any kind of sexual-social relationships between officers and enlisted, between senior leaders and subordinates, whether that's a romantic relationship, whether that's just, you know, a friendly relationship," said Hansen. "It's viewed much more strictly in the military in how it's enforced."

The Americans also havebeen reflecting on the power dynamic inherent in all military hierarchies and whether subordinates feel pressured into sexual relationships.

"From his end, it might have seemed consensual. But from the subordinate's end, they might have felt like they didn't really have much of a choice," Hansen said.

There areno easy answers for either country, he said.

"I would have to say that the U.S. military has not been a model of success ... when it comes to dealing with sexual assault fraternization harassment in the ranks.

"I mean, we have struggled and we continue to struggle."