Military Sexual Assault Reform Fails to Pass Senate

For two years in a row, a plan aimed at removing sexual assault crimes from the military justice system failed to pass the Senate. New York Democrat Senator Kirsten Gillibrand sponsored the measure.  Forty-nine other senators backed the Bill. However, the Bill failed to get the 60 votes required to be included in the annual defense authorization bill. Fifty Senators were in favor of the bill. However, Forty-nine Senators opposed the change. In 2014, a similar effort was five votes short of passage.

The Bill

Sen. Gillibrand said that if the American military does these reforms, it will have fewer dangerous criminals and more heroes. Before the vote on June 16, she said that the brave men and women sent off to war to keep us safe deserve nothing less than a justice system that equals their sacrifice. Gillibrand’s reform plan has been met with mixed opinions across the Senate party lines.  However, several Republicans broke ranks to show their support for the changes. In the past, military leaders have argued that removing sexual assault cases from the military justice system would work against the military’s efforts to enact cultural changes. Democrat Sen. Claire McCaskill led the charge against Gillibrand’s changes. McCaskill pointed out how every aspect of the chain of command is responsible. She said that it is the military's job to train troops.  Additionally, they are to maintain good order and discipline while preventing rapes from being committed under their command.  Additionally, they are to punish acts of retaliation. Gillibrand explained that the rate of assaults in the military has seen virtually no change in the past four years.  Consequently, there is an average of 52 new cases every day. In a Pentagon survey released in May, it estimated that the military saw more than 19,000 sexual assaults in 2014, with over half of the cases involving male-on-male crimes. Gillibrand argues the underreporting of sexual assault is due to the prevalence of retaliation. Additionally, she believes every military victim of sexual assault deserves due process. In recent years, Congress has passed various sexual assault reforms that are separate from Gillibrand’s measure.  Many of the reforms are new laws.  The laws aim to put an end to retaliation for reporting crimes.

ACCUSED OF SEXUAL ASSAULT?

If so, the sooner you retain legal representation, the better you’ll be able to protect your rights and military career. Contact Crisp & Associates, LLC, to schedule a free consultation with a military defense lawyer.