Panel recommends ending commanders’ ability to block sexual assault cases
A Pentagon panel is recommending that the determination to pursue sexual assault cases be given to independent authorities. Complaints, that the chain of command does not always pursue these claims “satisfactorily”, helped motivate this recommendation. If implemented, this recommendation would reverse decades of practice that allowed for commanders to influence how these cases were addressed.
From the Military Times:
Removing legal decisions from the chain of command, however, won’t eliminate the role of a commander in addressing sexual misconduct, the officials said. Unit leaders will still be responsible to setting a proper command climate and still must play a role in preventing and addressing sexual assault, harassment and other problems with their service members.
Reports of sexual assaults have steadily gone up since 2006, according to department reports, including a 13% jump in 2018 and a 3% increase in 2019. The 2020 data is not yet available.
There have been a number of changes in the Military Code of Justice over the last decade to add more civilian oversight to the military’s prosecution of sexual assault cases and to beef up assistance for victims. But, lawmakers, such as Sen. Kirsten Gillibrand, have long demanded a more concrete shift, arguing that commanding officers should be stripped of the authority to decide whether serious crimes go to trial.
Those commanders, Gillibrand and other argue, are often reluctant to pursue charges against their troops, and overrule recommendations for courts martial or reduce the charges. And they say that victims consistently say they are reluctant to file complaints because they don’t believe they’ll get support from their chain of command since often their attacker is a senior military member.
Military leaders have persistently fought such a change, saying it would erode the chain of command. Taking that authority away, senior military officials have said, will hurt unit cohesion.
The military Times has the rest of the article.
Category: Military issues
I agree with this. Sexual assault is a law enforcement matter, not a CoC/HR matter. That way, everyones rights are protected.
Agreed.
Don’t know if I have an issue with it either.
I don’t know what that article is talking about.
Sexual Assault IS already a law enforcement matter as it is investigated by CID and the guilty part always end up in jail when proven guilty, and have his career destroyed even when NOT proven guilty.
What else do they want?
Lol, you sure? This stellar NCO raped the wife of one of his Soldiers, CID investigated, evidence gathered, bla bla bla….and he got a GOMOR.
Then went and raped 4 more women. Including his teenage daughter.
https://popularmilitary.com/army-sergeant-who-raped-his-soldiers-wife-while-he-slept-was-finally-caught-after-he-assaulted-5-victims/
I recommend everyone read the Ft Hood Incident report
https://www.army.mil/e2/downloads/rv7/forthoodreview/2020-12-03_FHIRC_report_exsum.pdf
There have been a number of high profile cases in which commanders either don’t investigate at all or take legal action beyond no judicial punishment for serious crimes. CID came out looking very bad as well- understaffed and incompetent.
The Army is doing backflips over this right now, and I’m sure the other services are doing something similar.
Hell, I don’t know. Back yonder I was raised to keep my hands to myself and that no meant NO! And girls were raised not to be a “tease”. Or if someone got out of line, they got the sh%t slapped out of them and they behaved themselves.
A Uniform Code of Military Justice was put into place to allow the Military to deliver Justice, AND it was backed up by the civilian system that had their shot at you after the Military nailed your azz. And many times the Military punishment was more severe than the civilian courts would give.
It ALL goes back to proper Home Training/Raising. Them boys and girls needs to behave theirselves.
Seems to me a better step would be an effective outside-the-chain appeal system if the chain of command did not take appropriate actions. Raped?.Your commander swept it under the carpet? Call out the dogs. But stripping every commander of authority in this kind of case sends a very negative message about command authority.
Who gets to decide if the chain of command failed to take the appropriate action? Who sits on this appellate board? Do we need another level of military justice, a new bureaucracy?
Recent history shows that commanders are more likely so send bad cases to a court-martial than they are to sweep cases under the rug.
If commanders are removed and attorneys make the final call, fewer sexual assault cases will go to court-martial.
The recent Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault Cases in the Armed Forces found that:
• There is not a systemic problem with the initial disposition authority’s decision either to prefer a penetrative
sexual offense charge or to take no action against the subject for that offense. In 94.0% and 98.5% of cases
reviewed, respectively, those decisions were reasonable.9
• There is a systemic problem with the referral of penetrative sexual offense charges to trial by general court-martial
when there is not sufficient admissible evidence to obtain and sustain a conviction on the charged offense.10 In
31.1% of cases reviewed that were tried to verdict on a penetrative sexual offense charge, the evidence in the
materials reviewed did not meet that threshold.11
https://dacipad.whs.mil/