Judge: Military hierarchy cannot be a shield from harassment – 07/12/2023 – Power

Minutes before starting a lecture on sexual harassment in a military unit, federal judge Mariana Aquino, 42, saw up close a gesture that she intended to avoid with her speech to the troop.

“It was a super embarrassing situation. A colonel arrived and rubbed a colonel’s face in an affectionate, intimate way, and she was completely disconcerted. And we were about to enter the lecture on harassment”, she said, in an interview with Sheet.

Former Air Force Lieutenant and member of the Military Justice, Aquino claims that the hierarchy and male environment of the Armed Forces contribute to the silence of military women who are victims of harassment or sexual harassment.

“Women in the military, when they are victims of this crime, feel that their hands are tied. Because they are afraid to say something and suffer reprisals. Many times they prefer to remain silent. And since it is a predominantly male environment, this has occurred”, he says. she, who also acts as ombudsman for Women in Military Justice.

The magistrate conducted a survey, with Judge Rodrigo Foureaux, on the profile of women victims of sexual harassment who are part of security forces in the country — including, in addition to the Armed Forces, police officers, firefighters and municipal guards.

She defends the inclusion of specific items on sexual harassment in the military codes and the provision of expulsion in proven cases. “The hierarchy cannot be used as a shield for criminal practices.”

What is the difference between sexual harassment in the Armed Forces and in civil society?
Both the Armed Forces and the auxiliary forces have a hierarchical structure. Companies also have it, but this incidence is much lower. And here we need to see that the hierarchy cannot be used as a shield for criminal practices.

As in sexual harassment one of the normative elements of the type is hierarchical superiority with ascendancy, this becomes clearer in this area. When a military woman is a victim of this crime, her hands are tied. Because she is afraid to say something and suffer reprisals. She often prefers to remain silent. And as it is a predominantly male environment, this has occurred.

Some sentences point out that military women were warned for “speaking badly of the boss” when making complaints. That happens?
It didn’t reach me. But they comment, after I give the lectures, that they are afraid to speak, of being stigmatized. For example: “Don’t take a job with So-and-so because she’ll say you’re harassing. Be careful”. This kind of thing. Even to be accepted into the group, many times they don’t talk, they let it go.

Does the fact that the Armed Forces still have a very masculine environment mean that women do not report to avoid showing supposed fragility?
In the research we did, many said that they stopped using lipstick, that they felt the need to deepen their voice to give a command, because they felt they were a laughing stock. The woman has a slightly thinner voice. If she gave a voice command, they weren’t obeyed. So many feel this need.

A state military colleague of mine said that she went through an identity crisis, she couldn’t smile much because they might interpret it differently. Then she started to become closed, silent, for fear of suffering some kind of harassment. She ended up changing her essence.

This is very bad for the person and now he is dealing with it in therapy. A woman has to be free to be who she is, but she is still a professional. She has to be respected as a woman and as a professional.

During the lectures, have you seen anything that caught your attention from military men?
It was a very uncomfortable situation. I don’t know if it would be harassment because I don’t know the hierarchical superiority between them. But it was a super embarrassing situation. A colonel came and stroked a colonel’s face in a loving, intimate way, and she was completely taken aback. And we were about to get into the lecture on harassment.

I think that sometimes people don’t have much knowledge and normalize situations that are embarrassing. And within the work environment this does not fit.

What are the career consequences of a military officer accused of harassment?
The conduct of sexual harassment is not envisaged in the disciplinary regulations as a transgression. But it can fit in with other transgressions. It is behavior that deviates from the norm.

Should disciplinary codes have a specific item on harassment?
Yes, because it would be express. The military is very correct in terms of enforcing legislation. He always asks, “Where is it written? I’ll stick to exactly what’s there.” If he had expressed it, it would be much easier to apply.

The penalty, in the criminal context, is normally less than two years in case of harassment. So we will not be able to apply the automatic exclusion from force to the enlisted personnel, nor the representation for indignity or incompatibility with the officer corps due to the penalty.

In the bill that I drafted with Rodrigo Foureaux, we put it as a disciplinary transgression and subject to loss of office. Because nowadays it is not.

There are reports of failures in conducting internal investigations, of revictimization through questioning the victims. Are IPMs (military police inquiries) conducted properly?
As a rule, they respect it, not least because the Public Prosecutor’s Office exercises external control of police activity, always making suggestions and requests. The ideal is to appoint a person in charge to investigate, so that the victim does not suffer victimization.

Ideally, it should also be heard in an environment where it is safer. Suddenly a virtual hearing, at her house, because sometimes just the fact that she is inside the military organization to talk about this subject causes immense pain.

The penalty for harassment is small and can generate a quick prescription. Is this a problem, considering that in many cases there is no immediate complaint?
I have noticed that this is changing because, as we are talking about the topic, women are feeling more empowered to speak up. But there are women who suffered this many years ago and didn’t have the courage to speak up. And when one speaks, now they want to speak. They say, “You’ll believe me, because I’m not alone.” Only there it can be prescribed.

Therefore, the ideal is to report these facts, because, however small the penalty, the important thing is that they are properly investigated, regardless of the result. There may be an acquittal, it may be prescribed. The important thing is the investigation.

Remembering that the commander who fails to investigate an alleged crime that comes to his knowledge may be held criminally responsible.

There are cases of shelving and acquittal because it did not fit as a crime, but in which there was disrespect for women in the military. Doesn’t that give a feeling of impunity?
Even so, it may have a disciplinary administrative effect. And, above all, the victim cannot be penalized for having spoken. In the survey there were cases of women who reported, for example, that they were removed to an organization far from their home. These veiled punishments cannot take place.

Are the temporary military in a more fragile situation?
Yes, because their contract is renewed annually. So, if the commander finds that he doesn’t want to, he can calmly not renew. So they are really more subject to these issues.

Is it surprising that senior officers are among those accused of harassment?
I am not surprised because it is a reflection of a society that promotes and normalizes violence against women. If even judges were convicted of sexual harassment, why not the highest-ranking military? We observe cases of sexual harassment at all levels, whether in public or private initiative.

Mrs. Did she suffer any kind of harassment when she was in the Air Force?
I didn’t suffer, but I’ve heard of some cases. The female soldiers who reported the harassment to me decided not to go ahead with it. [a denúncia]because they were afraid that this could hinder their career

Mrs. Do you see the Armed Forces concerned about this issue?
They are more concerned because they are seeing that they have more inquiries. Because of this, I am often invited to speak on the subject. Several times commanders say: “Look, we are very concerned. We want to do something, treat women with respect. What can we change?” Several have even put this issue in the curriculum.

And what are they doing is enough? Is there anything beyond lectures, like a clearer normative policy?
For the woman’s ombudsman, I’m doing a job together with a lieutenant from the FAB [Força Aérea Brasileira] precisely in this bias, because there is this concern. We want to present a big, really cool project, with the participation of all the Forces. It will go beyond the lecture, it will be a real policy on several fronts.

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X-ray | MARIANA AQUINO, 42

Federal judge of the Military Justice, she is assigned to the 1st Audit of the 1st Military Judicial District, in Rio de Janeiro. Graduated in law from PUC-Campinas, she specialized in military law at Universidade Cândido Mendes and in international humanitarian law at Leiden University (Holland). She is the ombudsman for women in the Military Justice and coordinates the postgraduate course in military law at Uerj (University of Rio de Janeiro). She was a temporary lieutenant, working as a legal advisor for the Air Force.