Nov 22, 2024

Military Will Implement New Sexual Assault Resolution Procedures

by Maureen Rubin | Jul 13, 2021
Image of U.S. Secretary of Defense Lloyd J. Austin III and a military officer during a press conference, discussing new sexual assault resolution procedures in the military. Photo Source: Secretary of Defense Lloyd Austin (Caroline Brehman/Pool via AP, File)

Sexual assault and harassment have been serious problems in the military for many years. Thousands of women and men have suffered from horrific offenses. They were “wounded” and “betrayed” and little was done to prevent them or punish perpetrators. But that is about to change under the leadership of Lloyd J. Austin III, the new Secretary of Defense, who pledged to “counter the scourge” on his first day in office and is now following through on that commitment.

According to a July 2 memo from the Department of Defense (DOD), Austin has completed his review of the recommendations of the Independent Review Commission on Sexual Assault and Sexual Harassment (IRC) that he established on his first day in office. The title of the IRC report sums up its mission and how seriously Commission members, led by Lynn Rosenthal, an experienced consultant on ending gender-based violence, took their charge. It is called, Hard Truths and the Duty to Change and it contains 82 recommendations. The Commission was comprised of 12 experts who met with over 600 individuals including members of military leadership, servicemen and women, and survivors, to gather information for their report.

In a press release from (DOD), Austin called the report a “detailed and evidence-based analysis.” It has already led to a set of recommendations that will begin immediately, while others will “possibly” be adjusted to “ensure effective implementation.” These actions are critically needed. The DOD reports that since 2010, “roughly 135,000 active-duty Service members (65,400 women and 69,600 men) have been sexually assaulted and about 509,000 active-duty Service members (223,000 women and 286,000 men) have experienced sexual harassment.”

Austin’s memo concluded with stirring words that appeared to back up his commitment and sincerity. “Our most critical asset as a Department is our people, and our people and readiness are inextricably linked,” he said. “We will remain the preeminent fighting force in the world because we strive to better take care of our people. Our values and expectations remain at the core of addressing this problem and I have every confidence that the Force will get this right. Now is the time to lead. And we will lead.”

Four IRC recommendations will require Austin to work with Congress. The Uniform Code of Military Justice (UCMJ) will have to be amended in four main areas. The first, and most important change will be to remove the prosecution of sexually related crimes from the military chain of command. Serious offenses are often slighted by the commanding officers of those who commit them. These include domestic violence, child abuse and various forms of retaliation, as well as all forms of sexual harassment, assault and rape.

Other suggested changes will be the addition of sexual harassment as an offense under the UCMJ and the creation of separate, dedicated offices within each military department to handle the prosecution of sexually related crimes. The prosecutors in these specialized offices will get “appropriate legal oversight and guidance” from the Secretary of Defense.

In addition to these changes to the UCMJ, several internal changes will be made. Under the heading of “Additional Accountability Reforms,” the Secretary said he would “standardize nonjudicial punishments” across all branches of the military, create a “separation process” for those whose unacceptable acts have been substantiated, and “professionalize career tracks” for lawyers who wish to specialize in this field.

Austin also recognized the importance of prevention, climate and culture change, and victim care and support. He said the IRC’s recommendations in these areas appear “strong and well-grounded. ”An “implementation roadmap,” detailing needed resources, personnel, funding and changes in authority, was also ordered within the next 60 days. The IRC pointed out that many sexual assaults go unreported due to fear of retaliation, reprisal, and fear of being ostracized if victims come forward. Restructuring how and by whom complaints are handled will hopefully improve this vacuum.

Anyone familiar with government reports recognizes that implementation is a key and often forgotten part of the process of change. The IRC report begins with an open letter to those in the military who have suffered from sexual crimes and improprieties. It starts: “We heard you. This report is a reflection of your voice - your struggles and your challenges… We talked with you on ships, on bases and installations; we talked with you from places within the U.S. and abroad; you reached out to us on our website, and through veterans and military service organizations. Your voices never stopped ringing in our ears as we worked through our recommendations… You deserve to have your voices heard when policies, regulations, and laws are being considered that directly affect you. So, we reached out to you, and you reached out to us…

“We listened when you told us that the climate of your unit was highly dependent on the quality of your leadership. We heard you when you said there were commanders who supported and mentored you but there were also those who turned away from harassment and abuse, eroding your trust. You told us about “toxic accountability” but you also told us about leaders who went above and beyond to protect and defend you. You begged us to replace boring PowerPoint trainings and engage you in meaningful dialogue instead. You admitted that sometimes you were confused about what behavior was acceptable and what crossed the line… You explained to us how you watched certain teammates go from being energetic and enthusiastic to depressed and withdrawn after a sexual assault. You told us you wanted change.”

In one passage, it states, “Military leadership has failed America’s daughters and sons, and Service members know it.”

Not many bureaucratic reports contain such powerful language. And the dramatic comments, statistics and conclusions abound in the 50-page report, which presents several common themes. The first is called “Broken Promises,” and it dramatically points out that “there is a wide chasm between what senior leaders believe is happening under their commands, and what junior enlisted Service members actually experience.” Next, are comments about the role of military leadership in solving the problem. It states “Commanders must be held accountable for their unit climates and for their action—or inaction—when it comes to protecting their people.” It recognized that sexual assaults are on a “continuum of harm,” that require individual, not standardized solutions. And it shows that many victims left the military because their “experience in the aftermath of the assault was handled so ineptly or met with hostility and retaliation, many felt they had no choice but to separate.”

After highlighting these egregious problems, it also stated that there was hope for the future and “promising observations.” One can only hope.

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Maureen Rubin
Maureen Rubin
Maureen is a graduate of Catholic University Law School and holds a Master's degree from USC. She is a licensed attorney in California and was an Emeritus Professor of Journalism at California State University, Northridge specializing in media law and writing. With a background in both the Carter White House and the U.S. Congress, Maureen enriches her scholarly work with an extensive foundation of real-world knowledge.

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