happens in yourun, it will start changing. but until we can get the senior leadership to do this, it will continue and next year we'll be back here at the same place, same time, talking about the same thing. so i call for a real rising up of the women in our military and the men of our military to say to our military we will not put up with this anymore. i have a little t-shirt, it says we will not be silent. these ladies at this table have not been silent. we call on all the women of the world to say we will not be silent. stop rape, stop rape everywhere. stop rape in the military. thank you. >> thank you. thank you, ann. the problem spills out of the military. the sexual predators that are not caught and convicted leave the military and come into the communities around the nation. and we have seen this repeatedly where later in civilian life

someone is caught and it turns out they have some form of record in the military, but were given adultery, indecent language, the type of substitutes for what the military has been peddling. i want to invite another long-term advocate, eleanor smeal. >> thank you very much. i'm proud to be here to support these very strong and brave and courageous women who are standing up not only for their own rights, but to -- for the rights of others and to make sure that this horrible treatment of women stops. it's interesting to me that the fbi has just recognized and had changed the definition of rape for its uniform crime report. it has dropped the word

forcible, and it has recognized that modern rape and the old definition of the fbi was a 1929 definition. they have modernized it to recognize the elements of current rape which is about two-thirds of it is accompanied with alcohol and drugs to seduce into essentially render helpless the victim. and that we must go to a consent model. there's no question about that. if the fbi recognizes that the old definition with the use of the word force should be eliminated for the counting of rapes, the military should adjust to the modern reality. we're all standing here and i want to make clear we're not saying this about all men. in fact, most rape is committed

by serial rapists. predators. and to cover up for these people who are essentially criminals is an outrage. and it's an insult to men and women. in this case, women are the victims, but we have stood here before when men were the victims and it is -- it is based on a mythology of what rape is. we now know by studies that most rape, something like 95% is committed by serial rapists. the cover-up is a part of a problem that has to be stopped. and basically, it's the irony is right now the woman's movement is fighting a talk show host, rush limbaugh, who has called a woman -- a georgetown law

student who stood up for her rights a prostitute and a slut. and here this language is being used by central officers of o our -- of the command of the marines. and we just heard that the pentagon is keeping this person, rush limbaugh, on its airways on the military network, while other advertisers and stations are canceling because they understand what respect for women is all about. we are not just a small percentage of the military. we have -- women are contributors to this society, and must be recognized as full citizens. we're not play things that are brought into the military for the use of a few predators.

we are absolutely necessary, and it shows and i like to call attention in this brief to the number of moral waivers. in other words, allowing criminal predators into the military that are being issued because our numbers of women are being kept artificially low by quota systems. so while the very women are being turned down, people with criminal records, some of them as predators are being admitted. then we wonder why we have this persistent problem. i'm here to tell you that the woman's movement is going to stay at this until there's serious reform and change for the good of our nation and for the good of women. and we are going to fight it on all levels. jackie spear, congresswoman from california has introduced stop legislation to change the command line for reporting

rapes. right now we have the military checking on themselves and we know it is not working. it didn't work in our civilian government either where we have special units handling sexual assault. we need special units, the chain of the command to end this, once and for all. the women in congress are determined to end this once and for all and our numbers are rising in congress and we already have 120 cosponsors for this serious legislation. and i can tell you young women, old women, all of us together are more determined that respect be shown for the good of everyone. this is not just going to be one press conference after another. this is going to stop and i really salute the courage of these brave women and i will tell you the numbers -- you give

us all courage and strength. and we will not fail you. we are going to fight together until this is cleaned up. thank you very much. >> thank you, ellie. that concludes our press conference. i just simply want to applaud once again and ask all of you to join me in applauding elle and ariana's courage in coming forward. thank you. oh, i'm sorry. we'll now take questions. this one up here. okay. excuse me, i neglected to say we're now open for questions. yes, sir? >> can you explain -- >> and we're going to hand you a microphone.

>> could you explain the distinction between this lawsuit and the one that failed in the eastern district of virginia? >> the lawsuit that we filed in the eastern district of virginia has not failed. it is actually still pending and it's been the court of appeals for the fourth circuit. in that lawsuit, we brought forward the claims of 28 enlisted service members in different services. the military filed the brief seeking dismissal on the argument that rape and sexual assault is an occupational hazard. it's an incident to military service. that argument persuaded the district judge. we are hopeful that it will not persuade the court of appeals for the fourth circuit. in this lawsuit, we are bringing it in a different jurisdiction.

we are suing different defendants. we are suing the marine commandants in the navy and it's focused on navy and marines specifically. the legal theory that -- is the same. it's a constitutional theory that women and men should not have to tolerate harassment, sexual assault and rape in order to serve and we expect to prevail in the district of columbia. >> i was just wondering if you can talk about why you decided to bring this lawsuit against the department of the navy specifically? is it believe that their harassment is more egregious than the air force and the army and do you plan to bring lawsuits against them as well? >> taking the latter question first, yes, we have more lawsuits in the works. sadly, the attitude, the sexual

harassment and the toleration for rape and assault spans all the services. >> is there a reason oyou decidd to start with the marine and the navy? >> the way we proceed is as people come to us. so ariana and elle and the other survivors came to us. we have brought their claims forward and we as ellie mentioned, we are all committed to staying with this, to bringing forward as many lawsuits as needed until this situation changes. >> can you point to any successful precedent where civilians have sued the department of defense for a culture of disciplinary and legal issue? >> right now there are two supreme court decisions that have stood in the way of justice in most instances.

they're quite dated. one is stanley and one is chappelle. in one, a soldier was given lsd without his consent and yet he nonetheless was held not to be permitted to sue. the reason these lawsuits should succeed and the reason they are different from those lawsuits is that as egregious as that lsd without consent was, it was done for a military purpose. there was an underlying military mission. here, the rape and sexual assaults have no military purpose. they have no military goal. the subsequent retaliation, the displacement of these fine officers and the soldiers from their service does not serve a military purpose. it's actually the opposite. it causes harm to military readiness. for example, in ariana's case, the marine corps lost two talented young officers. we see that loss of human capital again and again.

so for that reason, we believe that the outcome in the judicial system should and will be different. >> at the current time, vietnam veterans of america is suing the cia for the kind of things that that you're talking about, the application of lsd and other biologics. >> we wish them success. >> thank you. >> yes? >> can you speak to -- could you speak to your hopes to rewrite article 120? as i understand it, congress rewrote article 120 four or five years ago, botched the job. they rewrote it with little debate as part of the latest defense authorization bill. what do you want to change now? >> i'm not a member of congress and i'm not doing any rewriting, so i'll turn that question over to anu to answer.

>> i can't speak on behalf of congressional members. there is quite a lot of action over the year to push reform toward a consent-based statute. the article was revised, not nearly enough. not certainly to the fbi's definition as eleanor had pointed out. we're hitting hard again this year. i can talk about details off line if it would help. >> and ellie is also going to respond. >> the fbi changing the definition just didn't occur. that was after a long campaign from the women's movement. especially in the last year of the fight. there's going to be another campaign that this definition changes. i mean, congress does respond and in fact the woman congress has been leading on this subject. they understand that the -- that the forcible standard is -- puts the blame on the victim.

rather than where it deserves to be. and that it does not comply with what we now know about rape and how it is executed in our country today. so basically, the women's movement and it is -- the numbers of groups, auw and feminist majority are here, but the numbers of women's groups that are dealing with violence is very significant. and they work day in and day out. i can tell you that the coalition of women's groups will work tirelessly to adjust our laws and protect women in the military and women in civilian life from this -- what i would call still an epidemic really of violence against women. it must stop and we are determined to adjust to what is now not old standards for another day.

>> and we just have a few more minutes. five more minutes. >> are there any cases where reported rape or abuse saw more desirable outcomes? >> i'm sorry. >> are there any cases where reported rapes or abuse saw more desirable outcome than the stories that we have -- like where -- >> well, if you work through the statistics that are in the military's own number, what you find that -- of an approximate 2,000 identified suspects, almost half are just diverted away from the judicial process completely by the commanders unilaterally. that's one problem right at the get-go. then those that remain that are put through the process and the system, only a small fraction, less than 10% end up in formal court-martials. then of those, and this is a figure that is not -- is not

released by the military, but the reality when you sort through the numbers and you sort through the chart you realize that even the abysmal conviction rate includes convictions of rapists for things like adultery. so for example, ariana's rapist was convicted of adultery and that was considered a successful pro-prosecuti prosecution by the military. there was a rapist prosecute in the a prison, but not many. >> i wanted to ask about the treatment after their service after veterans? do you claim benefits from the military, have you suffered any retaliation from that and do you feel supportive that the health service -- like it's for women

who have is suffered sexual assault and can get counseling? >> in terms of the v.a., i just got out in august. the court-martial is in december. so i would say that i'm too new to the process to say. >> i received a 30% disability for post-traumatic stress disorder stemming from military sexual trauma. that was in 2007, in october was when i was awarded that rating. i asked what my counseling options were at the time, i was living in jacksonville, north carolina, and us told the only option they have right now for you is to go on wednesday nights in fayetteville at 7:00. so my response -- yeah. it was very, very hard. so i can't say no, there were -- there were zero opportunities available to me. i just think that driving two

hours one way at 7:00 on a wednesday made it a little bit cumbersome and almost impossible for a resource standpoint. i did recently start counseling through the v.a. and that was two fridays ago. that was the first appointment they had available. and it had been almost six years. they just simply did not have a counselor for specifically women's issues, but i'd been transferred from the wilmington -- i'm sorry, the jacksonville, north carolina, to the wilmington v.a. after a four-year waiting list. so after waiting for four years, i finally was able to see them and at the first appointment they said, i'm so sorry, there isn't a sexual response coordinator or anything like that, but you can go to fayetteville. knowing that was my resource, i kind of made somewhat of a

scene. just said you need to get someone here and you need to do it now. so they did and i had my first appointment. but, yeah, i was pretty dominant and forceful when saying you need someone here, this isn't fair. i had my first appointment two fridays ago, yes. >> thank you, everyone, for coming. and we appreciate yont on washington journal tomorrow morning, we'll be

joined by representative paul brown a republican from georgia to discuss the super tuesday my mare -- primary results and gas prices. and you can call in and you can call in with your questions on foreign policy. "washington journal" is live on c-span every day. on c-span2 saturday, jeffrey rosen on the history of the supreme court. at 3:00, panels on forensics science. sunday panels continue starting at 1:00 eastern with the environment, the great depression at 2:30, "the american west" at 4:00 and at 5:30 "studying the brain" and

throughout the weekend look for coverage streaming live on booktv.org. the tucson festival of books live this weekend on c-span2 and booktv.org. >> securities and exchange commission chairman mary schapiro testified before a subcommittee on the agency's 2013 budget. the sec$1.56 billion a slight increase from fiscal year just over 90 minutes. the hearing is going to come to order. thank you all for being here. i'd like to welcome our witness, sec chairman

thanks so much for being here today. thanks to my colleagues for being here as well. joe and i decided not to talk baf our teams lost yesterday so we're sad. but it is only the beginning. so hopefully it will all turn out well at the end. we'll be playing each other in the world series, right? anyway, again, welcome, chairman schapiro. the sec has the complicated mission of protecting investors, maintaining fair, orderly and efficient markets and facilit e facilitating capital form ace and not overregulating markets and hindering economic recovery. the committee must be vij plant in our oversight of regulatory agencies like the sec that play an influential role in our economy and have the power to help and hinder american consumers and businesses. since 2001 sec's budget has increased over 200%. despite this tremendous growth in resources over the past

decade, the sec failed to defect ponzi schemes such as madoff and stanford, u.s. financial systems nearly collapsed. in recent years the sec has also had several embarrassing management lapses such as purchasing unneeded space, repeating material weaknesses in the sec's own financial statements to name a few. i believe many of these problems are symptoms of fundamental problems within the sec's organization and structure. the fiscal year 2013 request proposes another substantial funding increase of 18.5% over fiscal 2012. i think this body is reticent to throw more money at the sec until you all have proven you've addressed the structural problems from within in a comprehensive way. we want to have competence that the sec is, one, issuing

regulations based on sound data and analysis that can stand up in two; two, taking strong enforcement actions against individuals committing fraud; three, helping to facilitate access to call follow for american bins and effectively managing the resources to fund your operations. just because the sec is funded through free doesn't absolve y'all from managing the funding to the sec and doesn't provide the subcommittee from providing extensive oversight. you're faced right now with many challenges, including implements dodd-frank, modernizing your technology and reforming your organization. i encourage you not to rush or throw money at any of these challenges. there's something to be said for get these changes right the first time. deliberate, thoughtful change is what's necessary to make the financial markets and this agency work better on behalf of the american public.

we recognize that you have anne cred pli difficult job and i know that you and your staff are working very, very hard to meet today's challenges and we do appreciate your efforts. i look forward to your testimony did you bu for now i'd like to recognize my friend ranking member serrano. >> thank you. and it okay to mention baseball as we always do except it's early. don't worry in october we'll be talking to each other again. then november we'll not be talking to each other. but that's how it goes. i'd like to join you in once again welcoming the chairman of the securities and exchange commission, the honorable mary schapiro before our committee. i think all of us here agree with the vitally important mission that the sec plays in protecting consumers and investors. the financial crisis highlighted the need to have a robust cop on the beat to make sure the american people are protected. dodd-frank gave the commission important new responsibilities

in this regard and implementing and enforcing the numerous changes of the law is a vital part of making sure the sec can better address abuses of the securities markets and protect investors. i know that you have implemented about 75% of the regulations mandated under the new act but that's some of the most crucial changes are upcoming. so there is still much to be done to ensure that past problems are not repeated. toward that end your budget request asks for significant new resources. in particular i was heartened to see the continued focus on some the sec's core enforcement and compliance activities. these areas in particular are crucial to deterring bad behavior in the securities markets. with a record number of enforcement actions last year, it is clear that the sec takes this mission seriously and new resources will help in this regard. i'd also like to comment the

progress on your i.t. upgrades and notes that the most recent i.t. ordered found no material weaknesses. i look forward to hearing more about the current and future challenges the sec changes as well how your requests of budget increases will be used to address those challenges. we welcome you and just a reminder, you know, so many of us in congress and throughout the country speak about not having what happened before happen again. and there are many people who will be responsible for making sure it doesn't happen again but i think in one is more responsible than the sec, and it confuses me at times that some people would attack it without mercy and i'm not talking about anybody on this committee, without understanding that without you and your enforcement and your oversight, things cannot change. one last point. i've been in congress 22 years

and in the state assembly 16 and 38 in total public service. in years past this was the only commission that ever came before congress and said we don't need anymore money and that's because obviously they didn't want to enforce what they had to enforce. i hope that has changed, i think it has changed and you are responsible for making sure that what happened in the past doesn't happen again. and i thank you. >> i now recognize you, chairman schapiro, to an opening statement. if you'd keep your comments to five minutes more or less, that will give us more time for questions. thank you so much for being here. >> thank you very much chairman emerson, ranking member serrano and members of the subcommittee. thank you for the opportunity to testify in support of the president's 2013 budget revs of 1.56 billion for the securities and exchange commission and how the sec would make effective use of those funds. over the past three years, the

sec has significantly improved its core operations, revitalized and restructured our enforcement and examination functions, taken critical steps to enhance safeguards for investor assets, improve collaboration within the ace signature and improve our risk as isment capacity. in 2011 the commission filed more enforcement actions than it has ever before filed, obtained order for more than $2.8 billion in penalties and disgourjment and added to the total number of financial crisis related cases by filing actions against an additional 16 ceos, cfos and other senior corporate officers. in addition our broader activities have benefitted from a more sophisticated use analytics to identify and act on suspicious actions earlier. we activated a risks examination program and completed over 1,600 exams, results in improved