Wednesday, September 20, 2023

White House altering guidelines for prosecuting military sexual attack

White House

Unique victims systems outside the pecking order to manage cases

An executive order from President Joe Biden will alter the method the military manages sexual attack cases.
An executive order from President Joe Biden will alter the method the military deals with sexual attack cases. (Tom Williams/CQ Roll Call file image

Published July 28, 2023 at 10:41 am

President Joe Biden on Friday will sign an executive order revamping the method sexual attack and other criminal offenses are managed in the military, the White House stated.

The order carries out legal modifications to the Uniform Code of Military Justice covered into the financial 2022 National Defense Authorization Act. Under the modifications, prosecution of sexual and associated criminal offenses will be dealt with by unique victims systems in the services, outside the military hierarchy.

“This is a turning point for survivors of gender-based violence in the military, and represents the most substantial change of the military justice system given that the UCMJ was developed in 1950,” a senior administration authorities informed press reporters Thursday.

Covered offenses consist of sexual attack, domestic violence, kid abuse, murder, murder and kidnapping, to name a few criminal offenses.

The NDAA arrangements set a December 2023 due date for complete application of the modifications, and the freshly minted Offices of Special Trial Counsel will be functional already, authorities stated.

The executive order develops the guidelines that will govern the workplaces and develops that prosecutorial choices made by the unique trial counsel are binding and independent from the pecking order.

It likewise marks the relationship in between unique trial counsel and leaders to secure the self-reliance of unique trial counsels, and develops a consistent proof requirement for non-judicial penalty actions, to name a few modifications.

The executive order marks a significant action in an overhaul of the military justice system long promoted by some legislators. Sen. Kirsten Gillibrand, D-N.Y., led efforts to change the Uniform Code of Military Justice to make it fairer for victims of sexual attack, arguing that colonels, captains, generals and admirals had excessive impact on the procedure.

Sexual attack continues to pester the armed force. A report launched in April suggested that the variety of servicemembers who reported sexual attack in financial 2022 increased somewhat from financial 2021. According to the report, 7,378 servicemembers stated they experienced sexual attack in 2015 compared to 7,260 the previous year– a 1.6 percent boost.

Pentagon authorities worried at the time that the number of reported events does not paint a complete image of the issue due to the fact that numerous criminal offenses go unreported. In 2015’s clinical study on sexual attack frequency, which is performed every 2 years, approximated that nearly 36,000 active-duty workers, both ladies and males, were sexually attacked.

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