“She Clearly Thought That Something Bad Had Happened to Her”: How Military Lawyers Construct Narratives of Victim Legitimacy and Perceived Harm in Sexual Assault Cases

Abstract

It has been well established that survivors of sexual assault are revictimized as they navigate the civilian criminal justice system. Significantly less is known, however, about how sexual violence is navigated within the military justice system. In this study, we use qualitative interviews with military lawyers about sexual assault cases to explore their constructions of victim legitimacy. Lawyers create a distinction between perceived and actual harm done to a victim and perpetuate the notion that victims falsely accuse men of sexual violence. Through these discursive strategies, lawyers suggest that the issue of military sexual violence is inflated. Finally, lawyers blame the institutional structure of the military for teaching victimization to young women. This helps them explain why victims who they do not perceive as legitimate report sexual violence. These findings emphasize the need for further inquiry into how those working in the military justice system perceive and interact with victims.