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Sexual Misconduct Allegations in The CAF

Jarnhamar

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That's a little extreme isn't it? A lapse in judgement such as this isn't criminal and has no bearing on someone's previous honourable service.
Part of the problem is the CAF keeps treating sexual misconduct as an innocent lapse in judgement.
 

daftandbarmy

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Part of the problem is the CAF keeps treating sexual misconduct as an innocent lapse in judgement.

Looks like the US military is having similar issues:


Senators call for military justice reform, as sexual assault in the ranks persists​



The most recent data from the Defense Department estimated almost 21,000 service members were sexually assaulted in 2018, marking a significant increase from the department’s previous 2016 survey that recorded about 14,900 instances of sexual assault.

“This same report also revealed a record low rate of conviction. It's clear that this system is not working. We cannot have good order and discipline when crimes like these are occurring within our ranks and with a culture on base is one not of justice, but of retaliation,” Gillibrand said.

At the news conference, sexual-assault survivor Amy Marsh shared her story of retaliation and harassment after reporting a sexual assault — a pattern that is all too familiar, advocates say.

Marsh, a military spouse of a member of the Air Force, testified in March at a Senate hearing that a chief master sergeant sexually assaulted her while she lived on Travis Air Force Base, Calif.

Marsh explained when she came forward to report an assault, she and her husband were retaliated against so severely that her family was forced to move to a different state and her case was dismissed.

“Had a trained, independent senior military prosecutor reviewed the facts of my case, I might have had a shot at sharing my side of the story in the court of law. Letting a judge or a jury make the decision instead of a commander,” Marsh said Thursday.

 

Jarnhamar

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MInister of National Defense said:
Every day, Defence Team members bla bla bla

This guy gets caught lying about being the architect of Op Medusa and doesn't get hammered for it for fear of losing votes or whatever the reason was, fluffed off the 2015 deschamps report, Vice-Admiral Norman stuff, General Vance crap, but we're supposed to have faith in him?

That's a hard fuck no.
 

QV

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Does anyone know what was in the letter from Dawes or anyone else? I have heard it referred to as a character reference and "defending a rapist" but was that actually the case? I think that matters. If the letters were along the lines of "He is a good guy and he made a mistake so go easy on him" that is one thing but if it was long the lines of "He had an exemplarity career until getting PTSD from Multiple tours in Afghanistan. His post PTSD behaviour has been out of character compared to his earlier behaviour" it is a legitimate factor that should be considered at sentencing.

I think this was likely handled poorly, because that is the usual MO, but I think it is important to actually know what was on those letters before making judgement.
IIRC the male victim stated in his discussion with Dawe, Dawe stated these points to him.... it’s in the article or the interview I can’t recall. His account indicates Dawe was quite callous about it.
 

QV

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Part of the problem is the CAF keeps treating sexual misconduct as an innocent lapse in judgement.
No, what you say is exactly the problem. There is sexual misconduct and then there are crimes. Those two need to be differentiated. Misconduct can be a lapse in judgement. Raping someone is never a mere lapse in judgement. Cracking a bad joke sexual in nature that demeans someone is likely a lapse in judgement. Breaking into a home and committing sexual assault is a serious crime. There is a wide gulf and they need to be handled entirely differently.

This is exactly the reason why the CAF is in this position, it is continually conflating discipline with crime and there is inappropriate involvement for each. The police don’t need to be involved in discipline, and the CoC doesn’t need to be involved in the handling of crimes. If both would focus on their own area, the problems would be significantly reduced. Instead you process discipline like a crime (a late soldier is not swiftly dealt with) and you leave discipline as a plea option when dealing with crimes (guilty for discreditable conduct for criminal offences dropped).
 

Halifax Tar

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I am not talking about the sexual assault committed by the guilty but rather the good character reference letter provided by the CoC.
You don't see a Snr Officer using organizational letterhead and positions, while writing a positive character reference for a member member who is guilty of not only raping a junior member but physically assaulting her husband, more than once, as the "CAF treating sexual misconduct as an innocent lapse in judgement" do you ?

How about a quotes:

"Schamuhn said that when he confronted Dawe about it, he acknowledged he wanted to influence sentencing and felt Hamilton was a "good guy" who deserved a break"

"It was to affect sentencing. That's precisely the reason. I'm not going to apologize for that," Dawe told Schamuhn, according to Schamuhn's notes."

"Given all that he had been subjected to in terms of his experience overseas, how frankly he was mistreated by the institution, I thought he deserved a break ..." Dawe said, according to the notes. "I certainly don't see him as a threat to society for just a second. I think on the whole he's a pretty good guy."

"Hamilton was later sentenced to three years in custody for a separate, unrelated sexual assault case."


Sounds like a stand up guy who deserved the backing of his current and former CoCs.

If you can think Hamilton is a good guy who deserves a break, I don't want you wearing the same uniform as me. I dont care if you dont think that way anymore. You have broken my trust; and you've made yourself a threat to the good order an discipline of the CAF.


If you haven't read the article, do so.
 
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Lumber

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I can agree with that, although the circumstances of his involvement with the offender would have been pertinent.

Have the letters been made public?
I don't think it's the content of the letter that is the issue.

The victims husband took notes during a phone call with Dawes. In that phone call, apparently, Dawes admitted that he was submitting his letter with the express purpose of trying to get the member's sentence reduced. That's the issue.
 

MilEME09

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This guy gets caught lying about being the architect of Op Medusa and doesn't get hammered for it for fear of losing votes or whatever the reason was, fluffed off the 2015 deschamps report, Vice-Admiral Norman stuff, General Vance crap, but we're supposed to have faith in him?

That's a hard fuck no.
You want to start restoring faith, we need a new minister, someone not tainted, I have 0 faith in our current minister to do anything other then save his own skin.
 

SupersonicMax

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You don't see a Snr Officer using organizational letterhead and positions, while writing a positive character reference for a member member who is guilty of not only raping a junior member but physically assaulting her husband, more than once, as the "CAF treating sexual misconduct as an innocent lapse in judgement" do you ?
This is precisely what I said: it is a lapse in judgement, not one that is illegal however. Stripping LGen Dawes’ and his staff’s pension is an overkill, emotional suggestion.
 

Halifax Tar

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This is precisely what I said: it is a lapse in judgement, not one that is illegal however. Stripping LGen Dawes’ and his staff’s pension is an overkill, emotional suggestion.
"Schamuhn said that when he confronted Dawe about it, he acknowledged he wanted to influence sentencing and felt Hamilton was a "good guy" who deserved a break"

"It was to affect sentencing. That's precisely the reason. I'm not going to apologize for that," Dawe told Schamuhn, according to Schamuhn's notes."

"Given all that he had been subjected to in terms of his experience overseas, how frankly he was mistreated by the institution, I thought he deserved a break ..." Dawe said, according to the notes. "I certainly don't see him as a threat to society for just a second. I think on the whole he's a pretty good guy."


Sure sounds like a "lapse in judgement" (There is sarcasm every time I use this phrase FYI). Sounds pretty calculated to me.
 

Navy_Pete

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"Schamuhn said that when he confronted Dawe about it, he acknowledged he wanted to influence sentencing and felt Hamilton was a "good guy" who deserved a break"

"It was to affect sentencing. That's precisely the reason. I'm not going to apologize for that," Dawe told Schamuhn, according to Schamuhn's notes."

"Given all that he had been subjected to in terms of his experience overseas, how frankly he was mistreated by the institution, I thought he deserved a break ..." Dawe said, according to the notes. "I certainly don't see him as a threat to society for just a second. I think on the whole he's a pretty good guy."


Sure sounds like a "lapse in judgement" (There is sarcasm every time I use this phrase FYI). Sounds pretty calculated to me.
Sure, and there are administrative processes for that, possibly and up to being released. Guessing an RW or C&P for a GOFO is a career kiss of death anyway, but this is a good example of a disciplinary issue where we have admin tools for misconduct, but doesn't cross over into anything criminal. I think he should be held accountable for such a monumentally bad decision, but witholding his pension would be insane (and likely legally indefensible).

I don't trust TBS at all, and the last thing I want them to be able to do is pull people's pension over misconduct, and it should be a really high bar with some serious criminal convictions while in uniform for them to meet to take that action. They don't pay out losses on posting house sales as it is, and the matched pension contribution is part of our contracts that I'm sure they'd love to get rid of. If someone is doing their job (even poorly), they shouldn't have the authority to retroactively not honour their contract commitment, but there is nothing stopping them from firing that person and not accruing additional contributions..
 

Halifax Tar

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Sure, and there are administrative processes for that, possibly and up to being released. Guessing an RW or C&P for a GOFO is a career kiss of death anyway, but this is a good example of a disciplinary issue where we have admin tools for misconduct, but doesn't cross over into anything criminal. I think he should be held accountable for such a monumentally bad decision, but witholding his pension would be insane (and likely legally indefensible).

I don't trust TBS at all, and the last thing I want them to be able to do is pull people's pension over misconduct, and it should be a really high bar with some serious criminal convictions while in uniform for them to meet to take that action. They don't pay out losses on posting house sales as it is, and the matched pension contribution is part of our contracts that I'm sure they'd love to get rid of. If someone is doing their job (even poorly), they shouldn't have the authority to retroactively not honour their contract commitment, but there is nothing stopping them from firing that person and not accruing additional contributions..
I walked it back before. Give him a return of contributions and dishonorable release.

Lets also not act like I'm creating policy here. My opinion is worth just as much as the next guy's.
 

Brad Sallows

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When Canada sends people to do jobs and they come back broken, for some values of "broken" Canada and the institution accept no responsibility for adverse changes to capabilities and/or behaviour? And that is what some people want from Canada and the institution?
 

Navy_Pete

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I walked it back before. Give him a return of contributions and dishonorable release.

Lets also not act like I'm creating policy here. My opinion is worth just as much as the next guy's.
That's massively excessive when you look at the dishonourable release criteria, and decisions like that are exactly why we have an extensive grievance process and Admin reviews are done outside the CoC.

And lets be honest, they do that for this one GOFO, it becomes a precedent, and then it gets rolled out against 100s of lower deckers.

You can't make policy when you are pissed off, and all the rules around things like what needs to be done to demote someone is to prevent abuse by GOFOs, not to protect them.
 
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