the other person is incapable of consenting to the sexual act due to— (A) impairment by any drug, intoxicant, or other similar substance, and that condition is known or reasonably should be known by the person; or (B) a mental disease or defect, or physical disability, and that condition is known or reasonably should be known by the person; is guilty of sexual assault and shall be punished as a court-martial may direct. Recent statistics A 2011 report found that women in the U.S. military were more likely to be raped by fellow soldiers than they were to be killed in combat. A substantial increase in reported sexual assaults occurred at the three U.S. military academies for the 2010–2011 school year. It is possible that the increase resulted only from increased willingness to report incidents; increased reporting has been one of the goals of the Department of Defense. At a November 2011 press conference introducing legislation to combat sexual assault in the armed forces, Rep. Jackie Speier stated that of the 13% of military sexual assault victims who reported the crimes committed against them, 90% were involuntarily discharged. In September 2013, Congress received the U.S. Commission on Civil Rights 2013 Statutory Enforcement Report. The report found that during the 2012 fiscal year, there were 3,374 reports of sexual assault upon military service members. Of these, 816 were not included in the commission report because they were confidential, restricted, and not investigated. The report indicated that commanders are increasingly likely to refer sexual assault cases to court martial compared to the prior four years. In 15% of cases, the accused perpetrator was permitted to resign or be discharged in lieu of court martial. The same commission report included the results of an anonymous survey of military personnel in which 23% of women and 4% of men reported experiencing unwanted sexual contact since enlistment. Based on this survey, the Department of Defense estimated that 26,000 service members experienced some form of unwanted sexual contact, from groping to rape, in the year 2012. 34% of women and 24% of men who reported these events in the anonymous survey stated that they had reported the event to authorities. According to a 2013 United States Commission on Civil Rights report, a 2010 survey conducted by the Department of Defense found that 54% of women and 27% of men did not report incidents because they feared