Investigators will not file charges in the case of a Navy veteran and senior Congressional policy advisor who said she was sexually assaulted at the Washington, D.C. VA Medical Center, VA Secretary Robert Wilkie said in a letter Wednesday.
Wilkie took his letter a step farther, saying Andrea Goldstein's report of her assault amounted to "unsubstantiated claims," setting off a firestorm from lawmakers and the VA Office of the Inspector General Wednesday evening.
Goldstein, a Naval intelligence officer now serving in the Reserves, said she was assaulted on Sept. 20. Goldstein first told The New York Times and later recounted at a September press conference her assault. She said that a man she "suspects is another veteran," slammed his body against hers, then pressed himself against her.
Goldstein serves is a policy advisor on the Congressional Women Veterans Task Force.
In a letter dated Jan. 15 and addressed to House Veterans Affairs Committee Chairman Rep. Mark Takano, D-Calif., Wilkie said VA reported the alleged assault to its independent Office of the Inspector General for an investigation, along with the Deputy Attorney General of the United States.
"Based on our most recent discussions with VA Inspector General Missal and officials in the U.S. Department of Justice, we understand that the matter is now closed, and no charges will be filed," Wilkie wrote.
Wilkie chastised Takano and his staff in the letter.
"We believe that the VA is a safe place for all veterans to enter and receive care and services, but the unsubstantiated claims raised by you and your staff could deter our veterans from seeking the care they need and deserve," Wilkie wrote. "Even prior to this allegation, VA was conducting education of staff on the proper handling of all forms of harassment. We will continue these efforts."
But the Office of the Inspector General released a letter in response to Wilkie, saying his accusation was inaccurate. While the case was closed and there were no charges filed, the VA leader's letter "inaccurately characterizes the complaint's allegation as 'unsubstantiated.' This is not an accurate description of the results of our investigation," Inspector General Michael Missal wrote.
Missal said that neither he nor his staff "told you or anyone else at the (VA) that the allegations were unsubstantiated. Indeed, in my conversation with (VA leaders) on Jan. 14, I specifically told them that the investigation had been closed without charges and that no other characterization could or should be made regarding the outcome of the investigation."
Closing the investigation without criminal charges "does not mean that the underlying allegation is unsubstantiated," Missal said. "Despite the apparent implication of your letter, no one should be discouraged from reporting an alleged crime to the OIG."
Takano and Rep. Julia Brownley, D-Calif., chairwoman of the Women Veterans Task Force, released fiery statements in response to what they described as Wilkie's "shameful" letter.
"To cast doubt on credible, serious and concerning claims about how women are treated at VA is outrageous," Takano said. "Women veterans are already hesitant to come forward and report sexual harassment and sexual assault because they fear being dismissed and retaliated against ... When my staffer bravely came forward in September, she did so in the spirit of wanting other women veterans to feel safe. But the Secretary’s flippant letter is only further evidence to my staffer and others that coming forward is punished, speaking out retaliated against, and that a hostile culture at VA is tolerated."
Takano said he was "aghast" that Wilkie would "call into question" Goldstein's allegations "for VA ... to retraumatize and defame a fellow veteran is disgusting."
VA has "put up posters and held trainings" but Takano said Wilkie "failed to make the training mandatory, treat allegations with the seriousness they deserve and force VA to confront an unwelcoming culture that can be hostile for women veterans." Takano called Wilkie's assertion that VA is a "safe place for all veterans" to receive care "absurd."
"Whether intentional or not, Secretary Willkie’s statement illustrates how much work we have ahead of us to make sure all veterans feel supported coming forward when they are harassed or assaulted," Brownley said. "The Secretary should apologize and use this as a teachable moment to be a leader in stopping sexual assault at VA facilities, by first and foremost, making sure that no one is shamed or shunned for coming forward. Secretary Wilkie’s implication that coming forward to report sexual assault actually hurts women, is a shockingly tone-deaf response, and a bright line that succinctly illustrates the cultural problem that pervades VA. If we’ve learned anything from the #MeToo movement, it is that being heard and being supported for coming forward is an essential first step to stopping sexual assault and to ending the unfortunate culture that allows it.”
Goldstein did not immediately return a request for comment.
Veteran, Congress senior advisor says she was sexually assaulted at DC VA
Goldstein said in September her alleged attacker told her "you look like you could use a good time," she told the Times, then "he pressed his entire body against mine."
Goldstein said she was waiting for a doctor's appointment in the atrium of one of the most praised VA women's clinics when she said she was attacked. A draft of a bill to help combat sexual assault and harassment was in her purse, she said.
Multiple people witnessed the assault "out in the open," Goldstein said, but most "said nothing." One woman told her assailant not to "invade" someone's personal space, she said. Goldstein reported her alleged assault to multiple staffers at VA, but it was not until she spoke to her doctor that the police were called, she said.
Goldstein plans to continue to use the D.C. VA "as is my right," she said in September, but called on VA to make its facilities "safe for all veterans."
“At least one in four women veterans experienced sexual or gender-based harassment at VA facilities,” Goldstein said in September. “We are not faceless staff. We are veterans. We are your neighbor. We are your coworker. We are partners, friends and parents.”
Women veterans are more than twice as likely to die by suicide than non-veteran women, and about one in four women veterans experience sexual harassment or assault at VA facilities. Women are about seven times more likely to experience military sexual trauma than men.
Takano, standing next to Goldstein in front of the VA medical center in September, called for VA to establish a national, systemwide sexual assault and harassment policy, something the Women Veterans Task Force, including Goldstein, had been working on for months.
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For confidential help with sexual assault 24/7, call the National Sexual Assault hotline at 800-656-4673 or go to online.rainn.org.
Reach Abbie Bennett: abbie@connectingvets.com or @AbbieRBennett.
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