John Millian , Gibson, Dunn & Crutcher LLP, Washington, DC, for amici curiae Public Health and Mental Health Specialists, Madelon Baranoski, Traci Cipriano, Shelley Geballe, Gregg Gonsalves, Catherine Lewis, Alice Miller, Howard Zonana.
Sandra Shin-Young Park , American Civil Liberties Union Foundation, Inc., New York, NY, for amici curiae American Civil Liberties Union, Futures Without Violence, National Alliance to End Sexual Violence, National Center on Domestic and Sexual Violence, Protect Our Defenders. Also represented by Lenora M. Lapidus .
Marianne Hogan , Morgan, Lewis & Bockius LLP, Washington, DC, for amicus curiae National Veterans Legal Services Program. Also represented by Barton F. Stichman , National Veterans Legal Services Program, Washington, DC.
Opinion for the court filed by Circuit Judge HUGHES. Dissenting opinion filed by Circuit Judge WALLACH.
HUGHES, Circuit Judge.
There has been a growing recognition of the pervasive and continuing problem of sexual abuse in the military and the often severe effects it can have.1 Numerous steps have been taken to confront the problem, including an increased focus by the Department of Defense, and increased efforts by the...
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