and may make it difficult for them to achieve their career goals. Any person in a command position using or condoning explicit or implicit sexual behaviour aimed at influencing the career, pay, or performance of a military member is engaging in harassment. Sexual violence Sexual assaults and sexual violence against female military personnel is also a widespread problem. In the United Kingdom, for example, according to a public survey recently conducted by the Ministry of Defence and the Equal Opportunities Commission, nearly all servicewomen, while showing high tolerance for such behaviour, had heard sexual jokes and stories and had been exposed to sexual language and material in the workplace. Fifteen per cent had “particularly upsetting” experiences, and 4 per cent said they had been sexually assaulted.261 In the United States, the Department of Defense acknowledged 2,374 reported cases of sexual assault in 2005. This represents an increase of 40 per cent over the number of reported cases in 2004 (1,700). The data for 2004 represents a 25 per cent increase over the 2003 figure (1,012). The data for 2003 represents a 41 per cent increase over data collected for 2002. Among women veterans seeking disability benefits, 69 per cent of combat veterans and 86 per cent of non-combat veterans reported in-service or post-service sexual assault. The US Department of Defense’s study concluded that the prevalence of sexual assault was three to ten times higher for females serving in the armed forces than for females in the general population.262 Sexual harassment and sexual violence not only damages the emotional or psychological well-being of the victims, it also harms the work performance of female personnel, as well as the public image of the armed forces. Preventing sexual harassment in the military is therefore essential for ensuring a non-discriminatory and safe environment for all its members. However, many abuses remain unpunished; indeed, few women use the military’s formal or informal grievance process because of a lack of confidence in the military system for redress. Many women do not tell anyone if they have been a victim of abuse and handle the situation by themselves because they fear that their complaint could have a negative effect on their career and because they feel they would not be believed. Some of them even decide to leave the service. 8. Policies and Mechanisms against Harassment In most OSCE participating States, sexual harassment is codified as a disciplinary or criminal offence, depending on the gravity of the act. Often, special complaints procedures are not provided for. Therefore, women victims of discriminatory practices may initiate the regular informal procedure by reporting the case to their superior, who may investigate the complaint or refer it to the commanding officer. If this inquiry is unsatisfactory for the victims, they may ask for a review of the claim by a civil court (e.g., France, Sweden) or by the military prosecutor’s office (e.g., Ukraine). However, given its gravity, it would be preferable to consider sexual assault a crime according to criminal law and for the criminal courts of the state in question to initiate prosecution from the start instead of leaving it to the military justice system. 261  S. Rutherford, R. Schneider, A. Walmsley, “Ministry of Defence/Equal Opportunities Commission Agreement on Preventing & Dealing Effectively with Sexual Harassment: Quantitative & Qualitative Research into Sexual Harassment in the Armed Forces”, March 2006, available at <http://www.mod.uk/NR/rdonlyres/538E55EE9CA4-4177-9A0B-6853A431B283/0/20060522SRReport.pdf>; “MOD and EOC agree action to tackle sexual harassment in the Armed Forces”, available at <http://www.mod.uk/DefenceInternet/DefenceNews/DefencePolicyAndBusiness/ModAndEocAgreeActionToTackleSexualHarassmentInTheArmedForces.htm>. 262  Statement of Christine Hansen, Executive Director, The Miles Foundation, Hearing on Sexual Assault and Violence Against Women in the Military and at the Academies, testimony presented to the Honorable Christopher Shays, Chairman, Subcommittee on National Security, Emerging Threats and International Relations of the Government Reform Committee within the United States House of Representatives, 27 June 2006. 124 Handbook on Human Rights and Fundamental Freedoms of Armed Forces Personnel