Enacting Best Practice: commanders no longer prosecuting sexual assault cases

GEAR CHECK: Our readers don't just follow the news - they stay ready. Featured gear from this story is below.

Dylan Lassiter

“On my first full day as secretary of defense, I committed that we must do more as a department to counter the scourge of sexual assault and sexual harassment in our military,” Secretary of Defense Lloyd J. Austin III stated in a memorandum published on July 2, 2021.

“On my first full day as secretary of defense, I committed that we must do more as a department to counter the scourge of sexual assault and sexual harassment in our military,” Secretary of Defense Lloyd J. Austin III stated in a memorandum published on July 2, 2021. In the months following his initial statement, Secretary Austin’s commitment to this issue has yet to waver.

A variety of alterations to the Uniform Code of Military Justice (UCMJ) were recently proposed by Austin’s Independent Review Committee. The commission was formed and immediately dedicated to a 90-day internal review beginning on March 24, which was solely focused on the issue of sexual assault in the military.

Much of the information gathered by the committee was inclusive to survivors, meaning that data was borrowed from the lived-experience of those individuals in order to decide where changes had to be made.

The most notable of the proposed modifications is based on the best practice for handling sexual assault, which entails a removal of prosecution decision-making powers from victims’ commanders. A shift in prosecution decision-making power was determined as a way to prevent the possibility of a power differential from marring a victim’s chances of receiving due justice.

According to the statistics developed by the IRC, nearly twenty thousand service members experience sexual assault each year. Of those 20,000, less than 8,000 are reported.

Of the nearly 8,000 reports that occur on average, only 5,000 of them are categorized as unrestricted – meaning the victim has said that he or she wants a fully-wrought investigation.

The commission’s director, Lynn Rosenthal, has stated that the discrepancy between cases that end up reported and unreported is the “chasm” that the committee has focused on curtailing.

After removing the role of commanders in cases of sexual assault, the committee plans to create an independent legal body that operates adjacent to the command structure of the military.

This reorganization is intended to guarantee that victims have someone who is 100% on their side, rather than someone who may downplay the severity of their situation as a result of a variety of conflicting interests.

You may also like

Blog

A 10-year-old Missouri boy has become the youngest person known to face a murder charge in the state's history after allegedly shooting a 7-month-old baby in the head. The infant's teenage father has also been charged after investigators say he left the firearm where the child could easily access it.
U.S. Marines deployed to protect the American embassy in Haiti came under fire multiple times during their mission last year, their commander has revealed. The newly disclosed firefights highlight just how dangerous conditions had become as armed gangs tightened their grip over the Caribbean nation.
What began as one of Toledo’s biggest annual community celebrations quickly descended into panic after gunfire erupted near the Old West End Festival. Twelve people, including teenagers, were wounded as hundreds of festivalgoers ran for cover, leaving police searching for multiple suspects and a shaken community asking how a family event turned into a crime scene.
Iraqi security forces have arrested 47 politicians, lawmakers, and senior government officials in one of the country's largest anti-corruption operations in recent years. Ordered by newly appointed Prime Minister Ali al-Zaidi, the crackdown marks the most aggressive move yet in his pledge to tackle decades of systemic corruption.
The family of a U.S. Navy veteran has filed a wrongful death lawsuit after he was fatally shot by Michigan deputies following a 32-minute police pursuit. The lawsuit alleges the unarmed veteran was mistakenly targeted after officers relied on a flawed 911 tip and used excessive force despite finding no weapon.

Like This Story? Check Out What Our Community Is Buying

Our best sellers are designed for real-world use - not hype.

View Best Sellers