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Justice Still Lacking In Cases of Rape In The Military

It is not entirely surprising that a recent McClatchy investigation into military rape prosecutions are less than ideal, and that the system is broken and in need of reform. After all, the military still has a lingering problem when it comes to dealing with women in the ranks, and it is one of those areas where the military is unlikely to be ready for the repeal of Don’t Ask, Don’t Tell.

The Service Women’s Action Network issued this press release explaining the issue that is ahead with regards to this report:

“Today the military continues to struggle with holding individuals accountable for rape and sexual assaults,” said Greg Jacob, Policy Director for the Service Women’s Action Network (SWAN). “The McClatchy article reveals a military system that is failing to provide any justice. Not only is the military not prosecuting sexual assault cases that it should, it is also prosecuting cases that is should not. And when it does do the right thing and successfully prosecutes a case, the punishment the military courts hand out in no way fits the crime.”

Earlier this month, a military court martial convicted Army Colonel Michael Robertson on 14 counts of sexual harassment, assault and maltreatment of troops and sentenced him to 90 days in jail. After serving his sentence he will retire with full rank and benefits.

“The McClatchy piece highlights what SWAN has long stated: The role that military commanders play when dealing with sexual assault cases is detrimental to military justice,” Jacob said. “Right now the military system requires that low-level commanders decide what to do with sexual assault cases, and that process of case disposition is to remain within the accused service member’s own chain of command. Often times the victim and the accused perpetrator work for the same commander, and that sets up a huge conflict of interest.”

“Additionally, a commander’s overall performance review is based on how well he or she leads the unit, and that includes whether or not there are crimes committed within that unit,” Jacob said. “Commanders are also given full authority to intervene at any point in the judicial process to include influencing investigations or even removing cases from the trial docket. Even if investigators find evidence of a crime, a commander can choose not to pursue charges. There is tremendous potential for mishandling cases in a system like that. SWAN has worked with legislators to help reform that system.”

This year two lawmakers have introduced legislation that would change the way the military handles sexual assault cases. Rep. Bruce Braley (D-IA) introduced H.R. 1517, the Holley Lynn James Act, which would remove the task of case disposition from the hands of lower ranking commanders and require Generals or Admirals to make those decisions.

“Some argue that this authority should not be taken from lower level commanders, but having Generals make case decisions already happens when certain military laws are broken,” Jacob said. “This bill would simply allow for rape and sexual assault cases to follow that existing process.”

Last week Rep. Jackie Speier (D-CA) introduced H.R. 3435, the Sexual Assault Training, Oversight and Prevention Act, which would create third party oversight for sexual assault crimes, removing the cases from the military commander’s influence altogether. Speier’s bill sets up a system of full accountability by creating a director of military prosecutions who would make sexual assault case disposition decisions and set up a 5-member panel to oversee sexual assault investigations, prosecutions and courts martial.

“H.R. 3435 is based on the legal oversight systems already in use by our allied militaries,” Jacob said. “In Britain, the courts ruled that military justice is incapable of providing the accused with a fair trial due to the bias in the system and conflicts of interest involving commanders. Legal reforms similar to the one Rep. Speier is trying to implement have been in place in foreign militaries for more than 30 years, and they are succeeding where our military now fails.”