WEBVTT

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They're a good they wouldnever sit in as dates.

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The house of representatives.

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A red devil Ellis Franco and representedJenkins here with us.

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This morning as well as Uh person whocan speak for our own experience

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of the Stanley her experiencesa victim of the sexual.

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Um attack.

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Um. And then begin first swiss thedeck is the year and a a protocol.

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I'm Jackie is that it has a verydistinguished by arc of based

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on to say I mean this is no needfor me there to read it to you

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I just simply say.

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That all of us saying heard that.

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Were heard the joy and her leadership.

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I heard um.

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Bulldog determination to do somethingabout the issue of sexual

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assault and military we wouldn'tbe here today with that your

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leadership on this.

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So uh represented spear um.

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The um please um. We've we're gladto have you add to have you

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and thank you for preparing welike to have been testimony.

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Here. Members of the handle of hislife was this off the DNA.

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Time. Let me first them say thatas a a friend union staff her

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to the house representativemeant to be free.

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I'm the youngest woman ever to servein the comes to the United

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States with the one that thatyear five are Parker.

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So it's a great privilegeto be with you to them.

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Found this woman can share of thisup in the end to all the members

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it's well I'm here this ismy colleague and for.

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Um. Witness to them speakon the issue of consent.

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In the military training and environmentand how best to protect

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our trainees from sexual purposesby their instructors.

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In october 20 12 I went down inspent the night and the next

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day at black with air force that's.

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As you all know that was them.

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The the place.

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I'm aware of the whole issue ofrocket around military training

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instructors and their trainees andbe a girl travis state that

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the where unspent coverit as a result of that.

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I was them initially brief by gentleicing his support that's

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on the growing scandal.

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Let it initially been perceivedby commanders as several untrue

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allegations of sexual Sol had snowballedinto a systematic and

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pervasive home.

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What was more telling than thebriefing was the opportunity.

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I have that one's time.

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To go on to the best paul and have lunchwith that never again trainees.

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There's a pretty astonishing experience.

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They were 17 18 and 19 years of it.

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They were from places I'macross our great country.

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They were obviously Yum.

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They were naive.

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And they were earnest.

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And as I sat there are having oncewith them. I had this revelation.

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Oh my god.

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These girls are the sameages my. Dough.

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And I realize that.

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My daughter would be no more capableof telling a military trading

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instructor no.

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In the. Gem.

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As the investigations unfold it.Most of the perpetrators did

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that deny that they had engagedin sexual misconduct.

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They simply can tended.

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But this that flies consensual.

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This is also the common defense inmany of the cesspit trials doubt.

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I am a Had one of my staff membersmy legislative director.

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Lied to lachland.

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Instead the week they are.

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Listening to the testimonythat france diet.

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The proceedings were dominatedby the question of consent.

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The victim contended that she feltintimidated and had no choice

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but to comply with the MTA supportersto have sex with him in

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a cup last.

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Although convicted of lesser chargesthe MTA contention that

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the sex was consensual purvey outand he was found not guilty

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of sexual slow.

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Doubt there have been storyafter story that lachland.

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That would make my natural curlyhere curled even more.

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But What was most talent.

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Was the fact that I'm.

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There is no question.

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When you get in order for the thenshe died that you follow it.

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Think you Obey every command.

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That as one trainee plate. It.There is no question mark.

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At the end of the the work.

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Now when it over it the loud speakerat trainee was asked to

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report to the storage closetare Co closet whenever wise.

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She did when she was told.

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And what transpired in therewas not with her consent.

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Yeah that was the case ofwas made by the defense.

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He. Basic reality is that the uniformcode of military justice

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are article one twenty.

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Um that govern his rape.

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And sexual assault.

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Does not take into account.

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That time when you are in a militarytraining environment that consent.

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It is not.

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A mitigating factor. I believe thereshould just reply the Against

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late 35 instructors were implicatedin this rape sexual abuse

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harassed that and other mistreatmentof sixty-nine recruits.

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Sixty nine recruit. So what ismost remarkable about this not

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why I'm.

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Not one of these sixty-nine tattiesking follower ever. For.

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And if you spend any timewith these young women.

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As I did a black than youwould understand. Why.

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The fear of intimidation the fear ofreprisals the level of intimidation

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that pervade of lachland umand dynamics of basic a a.

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Precluded. The victimfrom coming forward.

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Instead these allegations in thehand came from that's yachts

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that this is what was pretty remarkablewhen we were there.

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We did in fact speak to the it emptyallies that actually blew

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the whistle.

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The irony was of course of the firstanti I the first two anti

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eyes that lasted shaded commandto report one of these.

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One of their colleagues.

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Was told by the changer pan amolder than possibly the truth

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he such a good and too.

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And it wasn't until the third MTAwho didn't know that the other

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two and she has had reported itthat reported it to the Chaplin

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who ironically was out of the chainof command that bunny that

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was a recognition will maybethere's something there.

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But it had it just in those two emptyice nothing that are working.

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It is.

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What was most compelling afterlistening to these three break

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anti allies.

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They're all sufferinglike the victims now.

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The oscar science one of them saidto me you know I begin to

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12 years.

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But I don't think I can take it anymore.

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I was thinking of retiring or. Resign.

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And the victims also and don'tspeak out or complain because

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of a do they know they will be recycledto go through basic training

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all over again and that's thelast thing they want to do.

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After I went to lacked when I innatelyis a jar for 30 the protect

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our military training.

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Yeah. Which would amend articleone 20 of the sea and jay to

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acknowledge the power imbalancebetween trainer and shady and

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reekie dies that sexualcontact between them.

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For what it is. A crop.

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The bay of bail narrowly applies tothis unique training environment

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targeting military instructors whoengage in sexual acts of sexual

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contact with the train the duringbasic training and for 30 days

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after works.

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And investigation would still beconducted a case would still

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be belt and guilt or innocenceand punishment would still be

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determined by now.

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This bill simply recognizes thereality reality that there is

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no such thing as consent betweenan instructor and the training.

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It's important to note that themilitary already understands

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the impropriety these relationshipsare the air force instruction

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36 dash to nine O nine prohibitsinstructors and trainees from

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engaging in and professional relationships.

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However this instructiondoes fall twice.

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When a trainee is taken advantageout by their instructor they

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too can face disciplinary action.If the commander so chooses.

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Another reason why x-ray theis not going to come fall.

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To quell the air Force's alone inor internal report on lack plan.

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Quote train these are afraid anyrelationship with the the MTA

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will beacons were can stir it askedessential and a them so will

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be charged with violating the useTianjin a and that just wide

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they go for.

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Even after lap when this issueremains unresolved.

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This framework utterly failed torecognize the power trainers

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holdover trades. Discourages reportingand forces victims to

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rely on the mercy of a chain of commandand as are ready failed.

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As we've seen holding about theperpetrator and victim culpable

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for a sexual offense simplydoes not and camera work.

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In a member States including washingtonConnecticut ohio illinois

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and Kansas in north carolina. Itis a felony for teacher to have

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a sexual relationship with the studenteating get that students

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is about the aged can set.

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And even if they have consented.

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During basic military training thispower imbalances only magnified

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and yet trade these lack even thebasic protection a having the

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long on their side. It is timeto take action and correct.

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This injustice in addition to appropriateappropriately updating

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article one 20 the go creates a clearor their military jes says

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process for instance these caseswith now all be investigated

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by specially trained criminal investigatorsrather than buying

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often bias in and trained Jamie ma'am.

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For them or just last year congressmandate it the creation special

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victims council program for victimsof article one time defense it's.

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What the to this service brancheshave the option to extend this

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detection to entry level. Personnelvictimized by instructors.

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Most have not.

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This bill would address this gapmalign in sure victims receive

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legal support.

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It's been argued before this downall that while imperfect article

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went funny is good enough.

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Further changes would complicatethe prosecution of cases in

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interfere with the developmentof case law.

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I understand this reasoning andagree that cossacks all acts

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of sexual contact with an article one20 suit remain Himalayas however.

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I remain concerned that for servicemember is that the most vulnerable

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tied in their military careersa lot has yet to catch out and

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offer them the protectionstages are.

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I'd also like to briefly come inan article one 20 reforms passed

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by congress in the mid to thousands.I think Colonel Christensen

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now the chief prosecutor in theair force senate bass in the

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2000 and a lot of it if you quote.

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If you have 100 monkeys with atight rider they probably come

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up with something like this and paul.

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It's a great visual listen.

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Congress's received a lot of criticismfor creating this flybe

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language and we deserve plenty oflife are casting but it should

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be noted that the joint servicescommittee primarily drafted.

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This language and had the that upto compress. So it was in fact

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the creation of the very institutionum that than you know was

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question for the cost to chanel idea.But several concise answers

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mutated into a hundred pages aon our fall contradictory and

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on constitutional legal aides.

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The result wise courtroom confusionjudicial frustration and

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cost to so complex.

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One of the many problematic provisionsof the one 21 which was

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tea Das 60 which shifted the burdento the accuse to propose

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that otherwise consent.

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Rather than the prosecution havingto prove there was not can set.

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This was I believe.

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In a way to correctly downit to be unconstitutional.

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This approach however differs greatlyfrom a jar for 30 which

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narrowly applies to basic trainingenvironments and takes the

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question of consent completely offthe table rather than shifting

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the burden.

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It's also consistent with many statelaw. So I referenced earlier.

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I urge you to recognize this realityin to help ensure justice

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for the thousands of men and women.

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Who make the choice to serve ourcountry each and every year.

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Thank you for the opportunity withyou today and thank you very

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much represented spear. I would justum within was whole questions

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until everyone on the panel hasum. Spoken. By next down.

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Speakers see Hon low is Franco afrom the great state of florida.

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We won't mention of course thatshe's from the great stated the

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your well.

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The hat so you where.

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But we really appreciate your appearancehere a congress woman

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Franco said in the stellar recordin congress and actually is

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a I'm responsible for I'm gettingread a judicial proceedings

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paddle focused on this whole questionof abuse of power which

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I'm extremely grateful and I think it'sa very important contribution.

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This is the contribution of or besaid spear so if you wouldn't

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mind a proceeding we would verymuch appreciate test on.

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You and I hasten bauer tothis on his office it's.

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Gonna be here. So when I finally.

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Uh passes the your arm gets to themoment which is tomorrow and

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is there a single out.

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So the first are saying I and II.

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Jerry grandmother is is working.

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Mm-hm and how I think it outusing your career where.

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Things out that in my house.

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Oh. It's not.

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Is not to get ready to work thehim. I was safe was I was today

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from a How He I was inall of them were. Too.

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This is a life andhe's looking for.

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Nation. That's what I remember mouse.

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About his sarah's.

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Is how He would and he wasreally well yes there.

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Is woes.

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Like uh oh.

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Hello around he do so so right.

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He didn't he use it to me that'swhat that was really.

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So why I heard this story of theSchumacher models usually in

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a few hits.

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I was so I'll say it.

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And I became so angry.

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I knew I had.

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And it is that the that.

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But I really the kind of ones usedto the she asked that there

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were a humble is the A police teamaren't showing the coast guard

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age 20 two.

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She started who can't full expectation.So is that would be be

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rude and she just moms.

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And um I would be a my son had onlyhow he felt he wouldn't exist.

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This is her self confidencethat that turned.

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Into the issue.

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Um when your company can mandysexually harassed her.

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You'll ngos and thin and it's nota up to chill show and this week.

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The the costar and out she is actuallya member of would boost

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arms mom.

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Home here.

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The This.

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Year. When I'm you should lookat the same commander had had

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a sexually harassing. You know it'sgood look the search is sold

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in one game.

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She to matter.

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Costar phones.

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And the investigation show thatthe and your head forces.

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So I wanted the group that recruits.

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You see can tactics where you are theordering her have sex with him.

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But the call us he use physical force.

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He had for her.

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He had an easier for life.

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He was jars the sit on a.

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Maltreatment is so supportiveand. Adultery.

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Consensually it confine.

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So you may some bars that indiawas an early show the victims

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of the commander.

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They were used not once.

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That's for us for the new standard.

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Yeah assistance.

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So it's very very great. Yeah baby.

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Decided to provide the houseand that's how he.

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That good.

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Uh which is really a.

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The need to fight onand then into the

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Finally there to get defenseauthorization act.

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Cruises today this province youdo like this and how to conduct

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was asked me.

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Of insists is indian forces in whicha member of the armed forces

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has committed.

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A sexual act fathered by using hisposition changes can hit the

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person taking taxis wereforced to pursue made.

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Assessment that to life and consequencesof change the law.

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Stewart. Here too. Goes.

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Uh-huh. And The difference.

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She says and then the she's right.

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And not too happy about that uhI so we're all I'm just years.

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Statute here today.

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I'm focusing on.

19:52.850 --> 19:57.720
Oh. Too late and they canyou suggest. Oh.. It.

19:58.250 --> 20:03.270
It. Uh. Oh.

20:25.160 --> 20:26.490
So this is good.

20:27.410 --> 20:27.980
Is run.

20:29.090 --> 20:31.660
This time was it was suggestedto west side.

20:32.960 --> 20:34.830
A budget officer who works.

20:35.980 --> 20:36.830
To us.

20:37.760 --> 20:40.320
Me. Research on the countersays that that.

20:42.430 --> 20:43.440
And so.

20:44.690 --> 20:47.480
You in the definition ofbreak which narrow hats.

20:48.200 --> 20:48.950
The five.

20:50.090 --> 20:52.350
Ah. And fun.

20:53.130 --> 20:54.900
The Sensations to.

20:57.170 --> 20:59.740
The persistently too distractedto show I.

21:00.400 --> 21:04.840
Bought a one said unlawful forceagainst the person you see these

21:05.230 --> 21:06.880
two three four five six.

21:07.910 --> 21:11.360
The new lomond we she wouldbe using their position the

21:12.910 --> 21:14.050
This will do great nation.

21:15.300 --> 21:16.500
It's an for the show.

21:18.290 --> 21:21.060
And indeed to guess a changewas used to them.

21:21.720 --> 21:22.270
Well one.

21:24.740 --> 21:26.420
To the. Definition.

21:29.590 --> 21:30.310
At the moment.

21:31.230 --> 21:35.150
This is the new was confinesposition the turned into.

21:35.820 --> 21:39.840
The To do it one more person.

21:40.450 --> 21:44.080
So. This this is one way.

21:44.620 --> 21:46.210
To the uses master of.

21:47.060 --> 21:47.990
This is is is.

21:49.760 --> 21:50.420
Why try.

21:51.110 --> 21:53.370
So we're here he's using.

21:55.160 --> 21:55.780
That's just one.

21:56.590 --> 21:57.950
Saying this was a.

21:59.210 --> 22:01.200
Well it's House.

22:02.720 --> 22:05.110
Oh. Most of what. It.

22:06.290 --> 22:07.910
We're. I can be or.

22:08.600 --> 22:09.340
The evolution.

22:10.120 --> 22:10.970
She is a hair.

22:11.740 --> 22:12.200
To you.

22:13.050 --> 22:14.430
And set this wednesday.

22:16.270 --> 22:19.070
The She she life.

22:20.270 --> 22:22.100
The woes for life.

22:23.880 --> 22:25.040
The what she was.

22:26.660 --> 22:27.240
But no one.

22:29.180 --> 22:29.890
You have.

22:31.110 --> 22:34.330
Be. He was so.

22:35.120 --> 22:37.870
The And I just want it.

22:38.900 --> 22:41.040
Oh. Leash yeah.

22:41.870 --> 22:42.300
Is that.

22:43.000 --> 22:44.470
Or lessons in that.

22:45.110 --> 22:50.640
They that they all day theus and we must. Oh.

22:51.150 --> 22:51.330
Is.

22:52.540 --> 22:57.340
And Thank you very much colors lynnFranco appreciate your testimony

22:57.340 --> 22:59.320
your being here in your constructive.

22:59.840 --> 23:02.060
Suggestions and now we'll hear from.

23:02.580 --> 23:03.960
A felicia moral.

23:04.910 --> 23:07.780
Thank you very much for coming ano it can't be see for you but

23:07.810 --> 23:08.100
we it.

23:08.690 --> 23:11.580
Very much appreciate youryou're doing this.

23:13.000 --> 23:16.580
Wow. Yeah yeah yeah very good.

23:18.590 --> 23:24.450
Oh. Very PS.

23:25.490 --> 23:29.080
It's There are yeah. That.. Yeah.

23:33.480 --> 23:38.530
Yeah. Yeah the to me.

23:39.110 --> 23:42.850
Or where Was.

23:44.510 --> 23:46.610
Uh. That we are here.

23:47.480 --> 23:49.930
The Nice to meet you.

23:51.260 --> 23:52.430
Are a lot this year.

23:54.230 --> 23:58.010
It's a it's. We're.

23:59.660 --> 24:01.810
Sir. They're very

24:03.680 --> 24:06.440
Right here is it right. It's.

24:10.300 --> 24:11.210
As much here.

24:12.320 --> 24:12.870
A great mom.

24:13.940 --> 24:14.800
Hey he's.

24:15.830 --> 24:17.330
Or Me.

24:17.990 --> 24:19.770
Sleep. I E.. Yeah.

24:20.960 --> 24:24.880
Yeah. And you get that.

24:25.900 --> 24:26.250
See. You.

24:29.360 --> 24:31.220
Yeah there is a really good.

24:31.900 --> 24:34.120
I was a great summer league.

24:36.490 --> 24:37.510
And I E.

24:39.230 --> 24:40.120
We are here.

24:40.780 --> 24:44.270
It's He said.

24:45.800 --> 24:46.320
A great.

24:47.020 --> 24:51.430
You will be were fewerhere. Sing. Here.

24:52.620 --> 24:56.200
Yeah. So it made.

24:57.720 --> 24:59.120
Yeah. You do.

25:01.190 --> 25:02.520
He says the clothes were.

25:03.440 --> 25:05.840
Yeah. The spread his. Legs.

25:08.300 --> 25:09.080
You can.

25:10.770 --> 25:12.240
Today we're a it.

25:12.910 --> 25:15.580
They are. Really.

25:18.250 --> 25:19.850
No. He has your heart.

25:20.520 --> 25:21.180
It's good.

25:22.290 --> 25:24.110
Yeah. I E.

25:26.030 --> 25:27.320
It's getting a lot of work.

25:29.700 --> 25:30.750
I it's Sick.

25:31.570 --> 25:32.650
See those.

25:34.760 --> 25:35.850
Watching everywhere.

25:37.440 --> 25:41.560
Completely. A plate here. Yes.. Yes.

25:46.700 --> 25:51.370
Yes. See also.

25:52.900 --> 25:55.100
So. That's. Like.

25:59.090 --> 26:01.120
This is that was. It.

26:01.670 --> 26:03.040
E. It's like.

26:03.700 --> 26:04.630
He said.

26:05.990 --> 26:10.690
Is. He said are is he.

26:11.390 --> 26:12.680
Or three weeks.

26:13.280 --> 26:15.990
We know we're her announcing.

26:16.790 --> 26:17.390
No or or.

26:18.950 --> 26:20.570
Awesome. See we are.

26:21.430 --> 26:25.590
It's The same locking away an option.

26:27.100 --> 26:27.790
I was a lot.

26:28.400 --> 26:28.930
Mm no.

26:29.510 --> 26:32.820
It's really hate tosee good way. It.

26:35.310 --> 26:37.540
He. In her.

26:38.120 --> 26:39.970
Yes we are here in my.

26:40.610 --> 26:41.000
Right here.

26:41.520 --> 26:46.500
Right. Please well I who asa start her career made.

26:47.030 --> 26:48.130
Or Yeah.

26:49.790 --> 26:50.590
He he injuries.

26:52.860 --> 26:55.480
Yeah. This is a really really.

26:56.630 --> 26:58.410
This is a great. Stir.

27:02.030 --> 27:03.870
And recruited every day.

27:04.850 --> 27:09.660
Home. Is it really isthat a year or so.

27:10.430 --> 27:12.140
Yes sir it's. Here.

27:14.920 --> 27:18.410
So mallets Bricker. Good. It.. Science.

27:20.560 --> 27:25.040
Science. You're angryhe he really.

27:26.450 --> 27:29.010
In. It's good.

27:31.420 --> 27:32.100
Yeah yes.

27:33.030 --> 27:35.310
Here or One here who I. E.

27:37.930 --> 27:38.720
Very. Interesting.

27:42.200 --> 27:44.200
Kurgese stirring not unlike my.

27:44.810 --> 27:46.660
PS. Yeah this software.

27:47.240 --> 27:53.430
It's You owe lighter side its useit easy. He insists that for you.

27:54.020 --> 27:55.060
It's the things up.

27:55.880 --> 27:57.050
It's easy to live.

27:57.770 --> 27:58.580
During her.

27:59.160 --> 28:00.670
We This year.

28:02.240 --> 28:04.700
That it's Yeah oh I.

28:05.330 --> 28:10.080
I You hear be hate us.

28:11.550 --> 28:14.340
She's the It's. He.

28:20.180 --> 28:24.260
One of the state is heis the right. Here.

28:27.030 --> 28:27.940
It's yes.

28:28.660 --> 28:32.370
For. They came here. Why why no.

28:33.200 --> 28:34.110
The. Night.

28:38.540 --> 28:41.470
Initiating we're here to its.

28:42.360 --> 28:43.900
The here say is.

28:45.560 --> 28:46.910
It's like those were.

28:47.520 --> 28:48.330
He like that.

28:49.210 --> 28:50.840
That's right for the it.

28:52.640 --> 28:53.550
It's it's

28:55.820 --> 28:56.930
Let's do that.

28:57.520 --> 29:04.760
Jersey. He's shooting and thereare three. Degrees.

29:07.430 --> 29:10.570
Is. Pretty soon yearly I.

29:13.100 --> 29:14.660
Look at the time he he.

29:15.260 --> 29:18.440
Says. For this is just right.

29:19.040 --> 29:25.830
It's You this agency. Quote he doesn'twork will be a good citizen right.

29:26.660 --> 29:32.920
We're. Sitting so I I said workslook like sisters were actually

29:33.010 --> 29:33.750
see her.. Sisters.

29:34.340 --> 29:39.780
Sisters. This is as good as. Issue.

29:42.110 --> 29:45.030
This is her will willhave nothing that.

29:45.680 --> 29:46.810
We're really were.

29:47.660 --> 29:53.520
Culture. These into sea areas.Right see he'd be really good.

29:54.810 --> 29:56.050
If current fantasy.

29:56.570 --> 29:57.450
As ever.

29:58.640 --> 29:59.940
Now they are in great.

30:00.490 --> 30:02.690
Is. This series. That.

30:05.390 --> 30:09.180
Is me and great what myshoot me is. Rises.

30:10.340 --> 30:10.530
This.. I

30:12.570 --> 30:20.360
I Turned the viewer sees that weremade here degree you did your

30:20.360 --> 30:25.480
has me a right here in the Iuse the worst is yet first.

30:26.000 --> 30:27.250
Right right here gracie.

30:27.890 --> 30:28.440
That person.

30:28.970 --> 30:30.640
Here. Yeah he.

30:31.240 --> 30:32.670
Says. Yeah it with that.

30:33.290 --> 30:34.850
Written and finally mark in that.

30:35.510 --> 30:37.360
I honestly root boots Riley.

30:38.150 --> 30:39.060
However you indicate.

30:39.620 --> 30:41.290
He's for a three.

30:42.200 --> 30:42.670
You dress.

30:43.550 --> 30:51.250
That's It's hard to win they're likelymakers here who were them.

30:51.680 --> 30:52.420
We're we're.

30:53.000 --> 30:53.640
Is here.

30:54.420 --> 30:58.070
You just one is not tryingto say to the right here.

30:58.940 --> 31:00.810
Even though se sit.

31:01.470 --> 31:03.720
He may be safe. Right.

31:04.370 --> 31:10.040
So. You never know there are youhearing this either very good.

31:11.280 --> 31:16.070
Artists. It is my he he hereally didn't practice.

31:16.620 --> 31:17.140
This year.

31:17.840 --> 31:22.390
Color. You were a result he he he.

31:23.240 --> 31:23.880
Silly hat.

31:24.380 --> 31:31.180
And Her you for that she thoughtthat the one that she finally.

31:31.780 --> 31:35.490
Sit here when you seeright now. It's nice.

31:37.050 --> 31:42.000
Get all lineout for syria or wherehe and his up this year.

31:44.370 --> 31:47.360
This in his or roughly ninemonths and one person.

31:49.030 --> 31:50.170
Is the worse.

31:50.780 --> 31:51.520
That says.

31:52.210 --> 31:54.910
Busy. It's Yeah.

31:55.640 --> 32:00.220
I He was harassed so.

32:00.770 --> 32:03.250
He is the way we feel a little. Sour.

32:05.590 --> 32:08.070
He has soared to a career as he.

32:08.650 --> 32:10.630
All right. First.. He.

32:11.570 --> 32:15.620
He. The sun.

32:16.740 --> 32:17.140
You see. It.

32:22.210 --> 32:23.860
Everything else that I sit.

32:25.500 --> 32:26.940
Yeah. As it is.

32:27.680 --> 32:29.020
Yeah. It is.

32:31.630 --> 32:32.620
It's So.

32:33.470 --> 32:34.650
And the use of.

32:35.460 --> 32:38.350
Things. This year you.

32:39.380 --> 32:40.420
He did it in there.

32:41.230 --> 32:43.630
He he soccer you do that.

32:45.950 --> 32:48.320
As someone who is for a lot worse.

32:49.810 --> 32:52.080
Yeah yeah she here. I was in.

32:53.150 --> 32:53.360
The. It.

32:57.600 --> 32:58.180
I think you.

32:59.740 --> 33:05.210
Okay. Yes thank you are known hadto the colder has been and

33:05.240 --> 33:09.520
is but we are very very grateful thathe took the time and trouble

33:09.520 --> 33:09.950
to come.

33:10.780 --> 33:13.830
Just to Taylor of never zip hallamhad an opportunity to question

33:14.010 --> 33:14.470
is to him.

33:15.350 --> 33:18.310
Uh yes uh thanks to reach numberof the power for being here

33:18.310 --> 33:22.550
on and like to especially muchmore our for sharing what hash

33:22.550 --> 33:25.460
for a very tough story. Thank youso much for your courage and

33:25.460 --> 33:26.920
for sure and that was to die.

33:27.660 --> 33:30.790
I'm a commercial was we're a thankyou for your leadership and

33:30.790 --> 33:32.930
all your work in thisvery important area.

33:33.460 --> 33:38.050
You mention during. The course ofyour testimony that other States

33:38.050 --> 33:41.520
have adopted laws somewhat somealert of that which it proposed

33:41.520 --> 33:44.900
in the belle but we that us tolook at you have any idea how

33:44.900 --> 33:47.520
that's working in the state shouldhave adopted district law

33:47.520 --> 33:48.420
that will be approach.

33:49.450 --> 33:53.110
And my understanding is that it'sworking you have or what.

33:53.630 --> 33:55.110
Um I have no reasons there.

33:55.890 --> 33:59.650
To doubt I could research it's the moreand use an additional feedback.

33:59.730 --> 34:02.720
But I don't have any the death ofthat suggest that that's the

34:02.800 --> 34:03.210
problem of.

34:03.730 --> 34:06.470
One of the things or I just didn'tof course is best practices

34:06.470 --> 34:10.070
from other jurisdictions. So it butwe're possible into a decline

34:10.070 --> 34:12.260
in the muscle of like that willbe helpful to the panel.

34:12.790 --> 34:13.200
Like you've.

34:13.740 --> 34:17.560
Um the cars from a freckles likeyou also for suggesting that

34:17.560 --> 34:21.790
our cattle consider this importanttopic and even though of course

34:21.790 --> 34:25.080
i've just had a a quick chanceto glance at the proposal that

34:25.080 --> 34:27.640
you put before us maduroquestion about it.

34:28.190 --> 34:33.600
The A pretty words seem to be editedusing their position of

34:33.600 --> 34:34.220
a party.

34:34.730 --> 34:38.460
And yet when I went to the definitionthat also was edit the

34:38.460 --> 34:43.110
defamation position of party main superiorand right to another person.

34:43.900 --> 34:47.100
There are situations in the militaryalthough some more rare

34:47.490 --> 34:49.380
for someone may actually be.

34:49.980 --> 34:53.540
Superior to the person and thereare supervising or inferior

34:53.540 --> 34:55.830
to the person they're super andthe medical community fortune

34:55.830 --> 34:59.860
Apple you might have a a a majorwho is actually in a supervisory

34:59.860 --> 35:03.320
position over a lieutenant Colonelbecause he or she is a more

35:03.320 --> 35:07.140
cheers cardiologists. So passionthat wouldn't do any violence

35:07.140 --> 35:11.140
to your definition if we 20 foreversomeone wanted to tweak that

35:11.140 --> 35:14.590
to save use in their rank or positionof authority because it

35:14.590 --> 35:17.150
could be either in a militarycontext a mark right.

35:19.040 --> 35:23.810
My suggestion but I really easyto figure out what's that.

35:25.060 --> 35:25.770
For hours.

35:26.600 --> 35:29.970
How is just the whichI think you should.

35:30.560 --> 35:35.610
Right situation as someone who's incharge another person responsibilty

35:35.610 --> 35:36.770
all of the thank you.

35:37.580 --> 35:38.070
I'm sure.

35:38.660 --> 35:40.200
Um and we'll Tracy.

35:41.420 --> 35:44.320
Thank you and miss more. Oh thankyou for being well and to serve

35:44.320 --> 35:49.190
in and our apologies for how ita transpired not cumbersome and

35:49.220 --> 35:52.600
um spear on the guy had a chanceto consider whether they are

35:52.630 --> 35:55.780
other circumstances thatwhy I'm not I'm.

35:56.290 --> 35:59.900
As confined perhaps is the printingenvironment is as you described

35:59.900 --> 36:04.040
it on my present awesome or soword of no way out to kind of

36:04.040 --> 36:09.540
a circumstance for a victim ship forbeauty for deploy a operations

36:09.570 --> 36:13.670
where there is an to wait to begone the even for the the day

36:13.970 --> 36:18.140
off or your your confined to witha location you know why I have

36:18.140 --> 36:21.890
not the caz lachland wasthe such a glittering.

36:22.400 --> 36:25.950
Um black car though I for me to beaddressed there probably are.

36:26.450 --> 36:31.210
The other circumstances playerhad no way out applies but you

36:31.210 --> 36:33.390
know what we look at sexualsockman military.

36:34.490 --> 36:38.920
The likelihood of that happened.Typically is from first to come

36:39.320 --> 36:43.380
to a member of the military so it'sin that that the early years

36:43.610 --> 36:48.860
force at the end of your career andyour interests is just about

36:48.860 --> 36:53.850
getting out to those that are typicallythe times that predators

36:53.930 --> 36:55.450
friday on.

36:55.960 --> 36:59.870
Individuals. Within the knownto and if I could just say.

37:00.530 --> 37:05.860
Alisha your story was so well inthe nation. So great um and

37:05.890 --> 37:10.050
it underscores the damage that isthat because I think it probably

37:10.050 --> 37:15.780
opry he faces piece three buying.Well trained young members

37:15.780 --> 37:17.230
of the coast guard left.

37:19.250 --> 37:22.890
There's no longer the coast guardand many of these my young

37:22.890 --> 37:25.410
recruits and trains um our.

37:26.120 --> 37:30.170
Applying because they wanna makea career of the military and

37:30.170 --> 37:31.720
then their dreams get.

37:33.410 --> 37:35.500
Wiped out he has in the 60 years.

37:36.140 --> 37:39.120
And that's I think one of the greatestthat he's not mentioned

37:39.200 --> 37:41.670
in the absolute four of the. Experience.

37:44.650 --> 37:48.650
It's just so I'm yes I will someonethank you will from being

37:48.650 --> 37:51.850
your kid who reallybeen a helpful um.

37:52.500 --> 37:57.140
I guess the question I have a commissionspear ios um which you

37:57.140 --> 38:03.180
like us a it to be a I'm justa dressing you um. You know.

38:03.680 --> 38:08.180
All would you like us to independentlyincluded even uh in in

38:08.180 --> 38:11.380
the in our of our a. Responsibilities.

38:12.020 --> 38:14.890
Well I certainly want you to considermy they'll but if you wanna

38:14.890 --> 38:18.740
go beyond that and look at othercircumstances that create an

38:18.740 --> 38:21.630
environment where it reallyis no way out.

38:22.640 --> 38:26.300
You have to have you becauseI can promise from Franco's.

38:26.870 --> 38:30.670
Ideas as well and thank you intoan for comers mum about the

38:30.670 --> 38:33.200
final I was gonna saywhat I thought was.

38:33.920 --> 38:39.050
The It is it based on the you or thetestimony with which might be.

38:39.950 --> 38:43.920
Difficult was the worded using theirposition of authority because

38:43.920 --> 38:48.130
I think that the In some reason senseof like we just heard some

38:48.130 --> 38:50.960
of those offices are gonna saywhy didn't you use my position

38:50.960 --> 38:55.480
of a party kind of all wonder howto do anything. I'm informant

38:55.480 --> 38:59.750
it if it just say something likeusing explicitly or implicitly.

39:00.250 --> 39:03.340
Their authority because I think mostof these of and if the implicit

39:03.710 --> 39:07.330
and the many never gonna be ableto be a not crazy enough to

39:07.360 --> 39:09.910
or a well maybe some of allthe one to see the statue.

39:10.440 --> 39:14.080
To just gonna imply that they hadthings are gonna happen and

39:14.080 --> 39:16.990
I think that's enough of these17 eight to them liking girls

39:17.230 --> 39:22.020
to be pretty stay it. So I just wonderedif I as the for the Wall.

39:23.110 --> 39:24.600
Here's where I think uh oh.

39:27.620 --> 39:32.140
Oh. Boom boom boom one of the reasonsI think is very important to.

39:32.810 --> 39:35.470
Changes that right. There.

39:38.750 --> 39:40.850
And you don't wanna passage moi.

39:41.930 --> 39:43.340
A situation where.

39:44.200 --> 39:45.720
It was not. Consensual.

39:48.050 --> 39:49.090
The victim.

39:49.790 --> 39:50.880
Walk-on followers.

39:51.650 --> 39:53.260
Made this situation.

39:53.840 --> 39:59.750
We're not in session a situation wherethere is not why harmful testified.

40:00.560 --> 40:05.180
Um and sometimes when youshoot is to write.

40:06.170 --> 40:10.740
Oh or in certain cases it was ahuge you only have situations

40:10.740 --> 40:12.060
and strict liability.

40:12.980 --> 40:15.710
Times why he pulse andshe wishes because.

40:16.300 --> 40:20.720
You want you wanna have that situationwas someone who is it's

40:20.750 --> 40:23.030
too late non essentialsituation.

40:23.870 --> 40:25.540
Um. To the hat.

40:27.150 --> 40:29.140
When it isn't it willget the most you.

40:29.850 --> 40:31.040
He said it was. Here.

40:33.960 --> 40:36.750
Our guests and I'm a passionateabout a half an home.

40:38.210 --> 40:41.700
Beat back into first it but I'mstill worried that eight person

40:41.700 --> 40:45.840
who was in a miss marrow's positionuh action may say that one

40:45.840 --> 40:48.910
of the friends consented cushy.But you have no choice on the

40:48.910 --> 40:53.390
person might even say on the Spainand I consented but I will

40:53.420 --> 40:54.610
it's because I was worried.

40:55.640 --> 40:58.560
Um and I think that's still gonnagive the prosecute is a difficult

40:58.560 --> 41:00.270
time to figure out whatto do with that.

41:02.120 --> 41:05.100
So I got I I don't know if we needto think about the dressing

41:05.100 --> 41:09.530
that just throw I want you to saythis is was that was what was

41:09.530 --> 41:14.400
it was suggesting. What is not maynot be for the day you have

41:14.400 --> 41:15.690
just get these.

41:16.500 --> 41:17.470
A farce.

41:18.700 --> 41:19.450
Police yeah.

41:20.290 --> 41:23.360
Visit and make it in the us obviously.

41:24.170 --> 41:30.140
Oh there needs to be and That isto be is just quietly said that

41:30.170 --> 41:30.620
the jar.

41:31.550 --> 41:32.020
The with.

41:34.520 --> 41:35.970
Ensue to fashion.

41:36.990 --> 41:38.290
That and so is.

41:38.960 --> 41:41.280
For us. So.

41:42.080 --> 41:45.790
Oh. Maybe it was a very english.

41:46.850 --> 41:51.410
You look what happens is just ifyou just go mr. Liability for.

41:52.350 --> 41:53.010
Some time.

41:53.850 --> 41:57.420
That is that somebody who so yes.

41:59.010 --> 41:59.450
As the

42:00.930 --> 42:01.770
Ready to go.

42:03.680 --> 42:04.200
This week.

42:05.300 --> 42:09.780
Uh. Well that the power to see hereis that the problem because

42:09.780 --> 42:13.760
we don't have sentencing guidelinesa in BBC and jay.

42:14.330 --> 42:17.490
The the penalty can runthe gamut that what.

42:18.100 --> 42:22.000
What we're trying to fix here's. Thefact that there is no opportunity

42:22.000 --> 42:26.630
for consent in that train situation andif you make it strict liability.

42:26.630 --> 42:30.900
So that at least they that's notbeen very good team defense

42:30.940 --> 42:35.070
that one consented because it'sabsurd to think that they do.

42:35.650 --> 42:37.750
It just goes this is not just be.

42:38.540 --> 42:41.110
You're nurses were modifiedare much. Writer.

42:43.640 --> 42:45.110
And it just chime.

42:45.610 --> 42:50.180
In. And I are just the other questionthat the I'd be happy anybody

42:50.180 --> 42:52.650
addressed was I kept hearing.

42:53.360 --> 42:54.450
Oh yeah mama.

42:55.050 --> 42:57.030
Uh in the one situation.

42:57.540 --> 43:01.670
To people came following um andlachland air force base but it

43:01.670 --> 43:04.150
was until the third one painfulwith that something happened

43:04.150 --> 43:08.020
and in miss marrow's pay. She keptexplaining how they felt like

43:08.020 --> 43:10.760
they have nowhere to turn that she's.

43:11.330 --> 43:16.020
Training of police. I'm a it thatthat as a police official man.

43:16.020 --> 43:19.200
One. I know they have an internalaffairs bureau which is separate

43:19.200 --> 43:22.870
from the normal reporting a situationand I'm just wondering

43:22.870 --> 43:24.160
if the in needs to be.

43:24.710 --> 43:28.190
A separate way. So that even ifwe change the statute it the

43:28.190 --> 43:29.530
young women don't come fall what.

43:30.130 --> 43:32.580
Uh because there's still laureateregardless of the fact that

43:32.580 --> 43:35.680
meaty easy to get a conviction itthere's still not gonna come

43:35.680 --> 43:36.170
fall weighed.

43:37.190 --> 43:39.770
Feel like this somebody to talkto that they can who's gonna

43:39.770 --> 43:40.800
take it seriously.

43:42.010 --> 43:42.820
I think much do.

43:43.390 --> 43:45.910
What one of really addressing theproblem and I just wonder if

43:45.910 --> 43:51.190
the needs to be. A a either I don'tknow who that person is but

43:51.520 --> 43:55.650
an some other kind of reporting officialwho was available to them.

43:56.310 --> 43:58.020
Even by hot line whenever.

43:58.680 --> 44:02.260
I'm so that they can lodge a reportthat gets taken seriously

44:02.260 --> 44:05.240
like it lachland for while wasn'tthat I don't know yemeni towards

44:05.240 --> 44:09.350
about that that and This is soit's important in the last one

44:09.350 --> 44:13.390
situation to recalled that not oneof the victims of a painful

44:13.630 --> 44:17.170
these are anti artists who wouldhave the observing this other

44:17.170 --> 44:19.600
anti up and then he found outthat there were thirty.

44:20.170 --> 44:22.030
Two and he eyes that were engaged.

44:22.730 --> 44:26.720
Of So any and I arevery strong.

44:27.420 --> 44:31.180
Um. Feelings about the importanceof taking it up achieve it.

44:32.000 --> 44:36.330
And until they're downs know thatthere is some external over

44:36.450 --> 44:39.670
to that's going to. Be fair.

44:40.390 --> 44:41.160
And not.

44:41.730 --> 44:42.740
That good too.

44:43.520 --> 44:47.600
See you know. Just the vagariesof a chain of command that that

44:47.600 --> 44:48.170
was that.

44:48.920 --> 44:53.250
The perpetrator is the perpetratorum. You know it's.

44:53.820 --> 44:57.310
I don't think we're gonna change.You know we have actually a

44:57.420 --> 45:01.590
elevated he reviewed toblackiston. Oh six now.

45:02.590 --> 45:05.570
But I am not convincedthat didn't know.

45:06.090 --> 45:07.770
That was so that you.

45:08.490 --> 45:09.420
It really nice.

45:10.080 --> 45:13.290
And that's the larger questiontaking it entirely of that to

45:13.330 --> 45:17.600
me and so that the victims feelconfident that there's gonna

45:17.600 --> 45:22.130
be an external review the is indeedindependent right now.

45:22.130 --> 45:25.470
It's the convenient for him thatmakes the decision and makes

45:25.470 --> 45:28.110
decision whether or not investigatedthe first place and then

45:28.110 --> 45:31.790
even after it's investigating ummakes the final decision as

45:31.790 --> 45:34.340
to whether or not it's that the work.

45:35.090 --> 45:37.050
The city of the sexual assaults.

45:37.590 --> 45:42.110
Pursuing need to be report able tobe reported to say in inspected

45:42.110 --> 45:45.310
gentle somebody who's somebodywhat uniform and trophy isn't

45:45.310 --> 45:51.570
that can not mcshane a coming outslow yes. Oh. Yeah just the

45:51.950 --> 45:56.640
her that today and it wasin charge of me. Said.

45:59.980 --> 46:03.210
Yeah. Wow what we are. Yes.

46:04.550 --> 46:06.710
Now. It was fun.

46:07.880 --> 46:09.130
Same for it.

46:10.230 --> 46:16.430
The It's nice that you arequite nice guys and her.

46:17.210 --> 46:17.750
This is.

46:18.280 --> 46:19.520
The that you know what is it.

46:20.050 --> 46:20.920
Time for its.

46:22.070 --> 46:23.380
A of so well.

46:24.600 --> 46:26.730
Yeah. Say right over.

46:27.860 --> 46:29.550
Here. As far.

46:30.200 --> 46:36.680
Oh. If I had a life is this justa lot like jingoism to.

46:37.310 --> 46:38.090
No this.

46:38.630 --> 46:42.980
Definition. And that this is thateven the Dictate takes and

46:42.980 --> 46:45.030
capstone what was saying. Oh.

46:46.950 --> 46:52.230
He. Instead of using a Magicianwith the early be explosive.

46:53.990 --> 46:58.890
Impressively. The city were explicitlyusing their position ever

46:59.210 --> 47:00.540
be. Forcibly.

47:03.510 --> 47:04.510
Well is.

47:05.350 --> 47:09.170
Me to say it is not a good idea towrite legislation. Right here.

47:09.200 --> 47:12.960
I what's routed tell palm clothesand withstood this at three

47:12.960 --> 47:15.650
like 100 me but I thinkthat I waited doing.

47:16.230 --> 47:17.790
Thank you um. Yeah.

47:17.880 --> 47:22.540
Yeah. But let me just desk a few questionshere. First of all I'm.

47:23.450 --> 47:28.610
I I think these suggestions a reallyimportant and uh. I'm glad

47:28.610 --> 47:28.980
that you.

47:29.570 --> 47:32.680
Elevated it and require usto take a look at it.

47:34.200 --> 47:39.000
First. Um Carson as the year let meask you this because I haven't

47:39.000 --> 47:43.930
really studied that's but Ican see the Attacks coming.

47:44.830 --> 47:47.650
A of course is that was the issueof we don't want to change

47:47.650 --> 47:50.320
the system and stabilityin support and so on.

47:50.900 --> 47:53.550
But if you're you're here should'vebeen burning because that

47:53.550 --> 47:57.070
was at least one person who testifiedearlier who said they should

47:57.070 --> 47:59.290
be strict liability or a.

47:59.840 --> 48:01.900
Somebody who is from the military.

48:02.580 --> 48:05.470
But the wasn't speaking for anybodybut himself but that was

48:05.470 --> 48:06.010
to you.

48:06.670 --> 48:10.170
Um let me just ask you this doesit does does it from an lincoln

48:10.170 --> 48:11.310
said create.

48:12.220 --> 48:14.780
In other words having strict liabilityremoving the issue of

48:14.780 --> 48:17.880
consent this act create any constitutionalissues have you looked

48:17.880 --> 48:20.340
at that right but I think that.

48:20.870 --> 48:26.480
Mm you can rely on the fact thatother States have passed laws

48:26.770 --> 48:30.450
that have created strict liability withthe teacher student relationship

48:30.900 --> 48:36.590
and that comes to show question wasraise a and um the The original

48:36.890 --> 48:39.860
ipad today with the fact that youto shift to the part in this

48:39.860 --> 48:44.560
case it's okay cities so nothing thatyou understand would created

48:44.560 --> 48:48.850
pass too small um problem withthis my second question has to

48:49.100 --> 48:49.720
do with.

48:50.880 --> 48:53.250
Um. Whether you think.

48:54.760 --> 48:57.190
This is not a very well practicethat you'll together.

48:57.990 --> 48:59.980
Where do you think it is that.

49:00.830 --> 49:04.100
There's some way to this problem canbe a dressed baby not getting

49:04.100 --> 49:06.640
to strict liability but gettinga little bit to.

49:07.190 --> 49:08.730
White that car was summoned frankly.

49:09.650 --> 49:16.080
That may be IDC tweet game will bethere um to us through a judicial

49:16.080 --> 49:18.040
benchmarks or through.

49:18.650 --> 49:20.060
A sit good of order.

49:20.840 --> 49:25.880
Whether some of this kind that could becovered and if he assisting statue.

49:26.750 --> 49:29.240
The civically looking at the term.

49:30.170 --> 49:33.520
The rafts threatening more place.You know the person in theory

49:33.550 --> 49:35.510
the waist Eddie's right.Now. It's not good.

49:36.390 --> 49:40.260
But because it's not pick if heI don't know if you have a if

49:40.260 --> 49:41.530
you look at this freckles.. Um.

49:42.950 --> 49:50.130
Um. Um they all and page to raise.Well the end of bottom page

49:50.160 --> 49:54.250
to be guinea pig three threateningreplacing of the person in

49:54.390 --> 49:54.900
the year.

49:56.230 --> 49:58.120
Could potentially copper.

49:58.960 --> 50:01.740
This alone wine whichis really not good.

50:02.480 --> 50:05.690
But I am sorry that I don't meanto spring this sign you but

50:05.690 --> 50:08.020
if you have any thoughts as to whether.

50:09.300 --> 50:15.440
Um executive and executive orderby the president could. Clarify.

50:16.160 --> 50:17.430
This and make it.

50:18.080 --> 50:20.780
Applicable to situations were air.

50:21.340 --> 50:24.080
The wrongful act would bethe sexual act itself.

50:25.110 --> 50:28.890
And so that that could convert thiskind of a case and the kinds

50:28.890 --> 50:30.910
of cases that I'm.

50:31.820 --> 50:35.810
Consume spear you're racing butbut I I don't have an answer

50:35.840 --> 50:36.450
a but.

50:37.100 --> 50:40.980
Um I I just throw that out foryour consideration and you're

50:40.980 --> 50:44.080
so what's in your suggestions tolast I'm not saying it's better

50:44.080 --> 50:45.040
than the statue.

50:46.000 --> 50:50.640
But if we can't get a statutewould some kind of executive.

50:51.260 --> 50:53.330
A glass on this language.

50:54.130 --> 50:56.410
How can I guess my only um.

50:57.540 --> 51:00.850
Concern there would be if this already.Yeah and the statute right.

51:01.450 --> 51:04.320
Right that the statute the weightsrate in its threatening or

51:04.320 --> 51:08.890
placing that person is that it tothe wrongful action contemplated

51:08.920 --> 51:13.020
by the communication for the action.I E I'm just asking whether.

51:13.760 --> 51:16.050
Whether this ole of of this.

51:17.720 --> 51:21.000
Creating a gloucester and interpretationthrough executive order

51:21.000 --> 51:25.020
that would make that provision usableand this context I'm not

51:25.020 --> 51:28.500
saying it's as good that I'm I'mnot doing and I'm just saying

51:28.850 --> 51:32.930
quote that the tweet inside towhammy legislative levi to in

51:32.930 --> 51:35.660
sake it were otherwiseto make it usable.

51:36.260 --> 51:41.000
I'm in in helping to protect a peoplewho was subjected to this

51:41.000 --> 51:41.930
kind of these.

51:43.320 --> 51:46.410
Well if you don't have any thoughtsnow that spying on this point

51:46.410 --> 51:49.510
but if you happen there and I meanthat but that didn't about

51:49.510 --> 51:52.920
the right away to be having somelater point some thoughts about

51:52.920 --> 51:55.330
how we could look at that I'm.

51:56.090 --> 52:00.690
Uh that way of addressing the problem.I'm a wu I would appreciate that.

52:00.780 --> 52:02.710
Okay. I will look at.

52:04.070 --> 52:07.880
That's a no I no way to diminish uhthe importance of your suggestion

52:07.920 --> 52:11.380
for the desirability of solvingthese problems from a statutory

52:11.380 --> 52:13.280
pointed you which is generally.

52:14.010 --> 52:15.020
The best thing to do.

52:15.770 --> 52:19.590
Um. I don't have any for the questions.But I just again was

52:19.590 --> 52:23.680
thank you for raising its rio acritical issue and a a major

52:23.680 --> 52:27.640
gap in the statute sell. Thank youvery much and thank you again

52:27.720 --> 52:29.580
tomorrow be your testimony.

52:30.890 --> 52:32.100
Okay. Yeah or

52:33.450 --> 52:34.450
That will.

52:35.050 --> 52:35.720
Her work.

52:36.830 --> 52:41.400
Good. Sure we would appreciate willtake it for the record and

52:41.400 --> 52:42.680
will go on our. Website.

52:44.930 --> 52:46.560
Thanks again very much it..

