The man who allegedly abused a gay sailor has been forced to retire following a new investigation spurred by a local legislator.
U.S. Rep. Joe Sestak (D-7th Dist.) sent a letter to Navy Secretary Raymond Mabus Sept. 11, asking for information on the “assault and battery” of former Petty Officer Joseph Rocha and an explanation of the promotion of his accused harasser, Chief Petty Office Michael Toussaint.
Rocha was discharged in 2006 under “Don’t Ask, Don’t Tell,” the military’s ban on openly gay servicemembers.
The complaint he filed with the Navy states that for two years before his discharge, while stationed in Bahrain, Toussaint and others, who suspected Rocha was gay, carried on repeated harassment, forcing him to simulate oral sex with another man while they videotaped it; locking him in a dog kennel full of feces; and continually pushing and physically abusing him, among other actions.
No action was taken against the sailors Rocha accused, and Toussaint was promoted to the rank of senior chief. Sestak’s letter also stated that others have since come forward alleging similar abuse by Toussaint.
Sestak, a former three-star admiral and the highest-ranking veteran to ever serve in Congress, met with Chief of Naval Operations Admiral Gary Roughhead Sept. 22 to discuss the case, and the CNO announced later that day that the Navy was going to reinvestigate.
Sestak received a letter back from Robus Oct. 19 assuring him that the Navy was employing a “comprehensive review” of the case, and two days later Roughhead announced that Toussaint would face disciplinary action for his role in the abuse.
A letter of censure will be placed on Toussaint’s record, and his previous petition to extend his enlistment will be denied, forcing him to retire. Toussaint has been placed on administrative duty until a paygrade determination board can review his retirement package, expected early next year. Roughhead also directed the Naval Criminal Investigative Service to conduct additional interviews with those stationed in Bahrain between 2004-06 to determine the leadership failures involved.
“I support the penalties assessed to SCPO Toussaint for his outrageous behavior, and I look forward to further briefings about results of interviews with others in leadership positions in the Bahrain area when the incidents took place,” Sestak said.
Dr. Aaron Belkin, director of the Palm Center at the University of California, said the situation shows “how important accountability is in the chain of command” and how detrimental “Don’t Ask, Don’t Tell” is to the safety of gay servicemembers.
“The suffering of Rocha and others was exacerbated by the ‘Don’t Ask, Don’t Tell’ policy, since it hampers the ability of abuse victims to hold leaders and perpetrators accountable. The results undermine discipline and order in the entire unit, not just for gays and lesbians.”
Sestak said Rocha “could not even come forward to fully report the criminal actions and the attempt by members of the unit to have him reveal his sexual orientation” because of the military’s ban on openly gay servicemembers.
“A standard must be transparently set that we will never tolerate, whether in the Navy, other branches of the military or other public institutions, the lack of accountability that occurred in the case of those who committed crimes or those who did not ensure appropriate punishment for those crimes,” Sestak said.
Jen Colletta can be reached at [email protected].