A recent Pentagon report indicated that there is an epidemic of sexual assaults within the United States Armed Forces, with an estimated 26,000 assaults last year, an increase of more than a third from 2010. In response, Senator Kirsten Gillibrand, who became chairwoman of the Senate Armed Services Personnel subcommittee this year, and Senator Barbara Boxer have introduced legislation that would remove sexual assault cases from the military’s chain of command.
Senator Gillibrand’s bill would remove the decision to prosecute military crimes with a sentence of one year or more from the chain of command. The decision to move to a court martial would be placed in the hands of military prosecutors. (The legislation would apply to all crimes, not just sexual assault.) Rep. Jackie Speier (D-Calif.) has introduced legislation in the House that is similar to Gillibrand’s, although it would remove only sexual assault cases from the chain of command. Senator Claire McCaskill of Missouri also has introduced legislation that would change the post trial review process for sexual assault cases. Reps. Tammy Duckworth (D-Ill.) and Tulsi Gabbard (D-Hawaii), the first female combat veterans elected to Congress, also backed Senator Gillibrand’s proposed legislation. In early June, 2013, Senator Gillibrand’s proposal passed a bipartisan subcommittee, but was derailed on June 12th by Senate Armed Forces Chairman Carl Levin, who substituted his own bill for Gillibrand’s. Senator Levin’s bill would leave commanders with decision making power, but with more oversight from the military's top brass. Senator Levin’s bill calls for an automatic review of a commander’s decision not to prosecute a sexual assault case.
Senator Gillibrand’s legislation has been opposed by the leaders of the United States military, including Secretary of Defense Hagel. But Senator Gillibrand and a bipartisan group of senators supporting her legislation believe that leaving the jurisdiction over the crime of sexual assault in the hands of the command structure is not an effective way of dealing with these crimes, because those committing these crimes sometimes are in the command structure themselves, and victims of these crimes should not have to report them to those who might be engaging in these crimes. Senator Claire McCaskill is one of those who does not support Senator Gillibrand’s bill, arguing that victims would be less likely to face retaliation from their peers for reporting sexual assaults if they do it within the command structure, rather than to an outside authority. Although Senator McCaskill did not support Senator Gillibrand’s bill, she is determined that something will be done to reduce the number of sexual assaults in the military. The measures that passed in the Senate include a mandatory review of decisions by commanders not prosecute sexual assault, make retaliation a crime, and subject sex offenders to automatic dishonorable discharges.
The House of Representatives passed a defense bill that would strip commanders of the authority to dismiss a finding by a court-martial, establishes minimum sentences for sexual assault convictions, permits victims of sexual assault to apply for a permanent change of station or unit transfer, and ensures that convicted offenders leave the military.
Senator Gillibrand intends to reintroduce her legislation in the fall. She has learned from the victims of sexual assault in the military that they are not reporting these crimes because they fear retaliation, and that nothing would be done to help them. Whether or not Senator Gillibrand is successful in getting her legislation passed, there will be progress in the efforts to curtail the number of sexual assaults in the military, as the members of both the House and Senate have shown their determination to do something about this national disgrace.
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