US President Joe Biden will sign an executive order on Friday, July 28, that removes the authority of victims' commanders to decide whether or not major military offenses, such as sexual assault, will be prosecuted. Instead, the directive places that authority in the hands of independent military lawyers.
The order is the official implementation of legislation approved by Congress in 2022 intended to tighten safeguards for military members, who previously had to rely on the discretion of their commanders to investigate allegations of abuse.
Crucial Step in Combating Military Sexual Assaults
According to AP News, legislators argued with defense officials for years over how to address the problem of sexual assaults in the armed forces.
The argument was that independent attorneys would strengthen prosecutions since commanders were often ready to dismiss allegations or occurrences in their units to shield individuals suspected of violations. Leaders in the military were opposed to the idea because they feared it would weaken the position of commanders.
The modification was one of more than two dozen proposed by the independent review panel on sexual assault in the military established by Defense Secretary Lloyd Austin in 2021. Also, it was included in the yearly military bill.
Because it calls for a shift in the Uniform Code of Military Justice, it required presidential approval.
Senior Biden administration officials told reporters on a teleconference before the order was released that it was the most significant revision to the military's legal code since the code was established in 1950.
In fact, the Pentagon had been pressing ahead with the adjustment for some time.
The special trial counsel offices were established by the military branches a year ago. By the end of this year, the Army, Navy, Marine Corps, and Air Force will have full control over prosecution choices. That prosecutorial discretion will broaden to cover sexual harassment cases beginning January 1, 2025.
Improvements for Easier, Safer Ways to Report Crimes
The changes are being made as the military attempts to address the mounting tide of sexual assault allegations inside its ranks.
While the services have made progress in making it simpler and safer for soldiers to come forward, they have had far less success in lowering the number of attacks. The record has climbed almost every year since 2006.
There were approximately 8,942 complaints of sexual assaults against service members during the 2022 fiscal year, up from the previous year's total of 8,866.
Since many individuals are hesitant to disclose attacks in the military and in society as a whole, defense officials have long claimed that a rise in reported assaults is a good trend. They argue that increased reports suggest that people have faith in the reporting system, are satisfied with the assistance provided to victims, and are holding more perpetrators to account.
