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Thread: Pentagon Panel Recommends Removing Sexual Assault Cases From Chain of Command

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    Pentagon Panel Recommends Removing Sexual Assault Cases From Chain of Command

    As a former JAG, I am leery of removing sexual crimes from the chain of command. This could severely impact the mission.

    Pentagon Panel Recommends Removing Sexual Assault Cases From Chain of Command

    On the anniversary of the murder of Army Spc. Vanessa Guillén, the Pentagon announced it was considering a move many consider essential in preventing deaths like hers from happening again: removing the chain of command from sexual assault and sexual harassment investigations.

    The potential shift is one of several recommendations delivered to Defense Secretary Lloyd Austin on Thursday as part of the Independent Review Commission on Sexual Assault.


    “Among the recommendations delivered to the Secretary of Defense is the transfer of decision-making authority, for special victims crimes, from commanders to independent judge advocates whether to charge a suspect with a crime, and whether that charge should be tried at court-martial. These independent judge advocates would report to a civilian-led Office of the Chief Special Victim Prosecutor,” a defense official confirmed to Defense One.


    President Joe Biden made targeting sexual assault in the military one of his administration’s early priorities. In February, Defense Secretary Lloyd Austin established the commission to begin a deep dive into the culture and reporting challenges that have kept sexual assault and sexual harassment a pervasive problem within the ranks.


    For the last two months, this Independent Review Commission on Sexual Assault has conducted interviews with service members and sexual assault survivors to identify what changes could be made to the military’s justice system and sexual assault reporting system to better empower victims to come forward without fear of retaliation.
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    Quote Originally Posted by Peter1469 View Post
    As a former JAG, I am leery of removing sexual crimes from the chain of command. This could severely impact the mission.

    Pentagon Panel Recommends Removing Sexual Assault Cases From Chain of Command
    Sexual crimes committed by one Service Member against another is what severely impacts the mission. How would you like the decision about whether to prosecute your wife's or daughter's rapist, who happened to be a co-worker, to fall to their boss? Tradition and legal precedent have allowed the military to act, for the most part, as their own jurisdictional realm in most instances; if that is to continue, some things are going to have to change. In my opinion, this is one of the necessary changes.
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    Quote Originally Posted by Standing Wolf View Post
    Sexual crimes committed by one Service Member against another is what severely impacts the mission. How would you like the decision about whether to prosecute your wife's or daughter's rapist, who happened to be a co-worker, to fall to their boss? Tradition and legal precedent have allowed the military to act, for the most part, as their own jurisdictional realm in most instances; if that is to continue, some things are going to have to change. In my opinion, this is one of the necessary changes.
    I don't think the problem is the traditional military justice system. If the newly independent JAGs decide to get over zealous it will impact the mission. And if commanders no longer have a say in these cases I imagine it will become harder to empanel juries to hear these cases. It may also be harder to get witnesses if commanders don't release them due to training exercises or actual operations.

    The Army experimented with a "zero tolerance" policy and their conviction rate for sex offenses plummeted to extremely low levels.

    The vast majority of sex offenses, certainly not all, are date rapes where both parties are drunk.
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    Quote Originally Posted by Peter1469 View Post
    I don't think the problem is the traditional military justice system. If the newly independent JAGs decide to get over zealous it will impact the mission. And if commanders no longer have a say in these cases I imagine it will become harder to empanel juries to hear these cases. It may also be harder to get witnesses if commanders don't release them due to training exercises or actual operations.

    The Army experimented with a "zero tolerance" policy and their conviction rate for sex offenses plummeted to extremely low levels.

    The vast majority of sex offenses, certainly not all, are date rapes where both parties are drunk.
    Being drunk shouldn't be an excuse for raping someone.
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    Quote Originally Posted by BenjaminO View Post
    Being drunk shouldn't be an excuse for raping someone.
    It isn't. And I said both parties are drunk. Why isn't the female also charged with raping?
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    Quote Originally Posted by Peter1469 View Post
    It isn't. And I said both parties are drunk. Why isn't the female also charged with raping?
    Maybe because she wasn't a willing participant?
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    Quote Originally Posted by BenjaminO View Post
    Maybe because she wasn't a willing participant?
    It is because a drunk person can't consent. What if they were both very drunk and conscious?
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    Quote Originally Posted by BenjaminO View Post
    Being drunk shouldn't be an excuse for raping someone.
    I think the "you have to believe the woman" rule went out the window at the Kavanaugh hearings and a few other popular cases like the one at UVA.

    I'm thinking there should be some qualifiers before they take the responsibility away from the command.

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    Quote Originally Posted by Peter1469 View Post
    It is because a drunk person can't consent. What if they were both very drunk and conscious?
    There is no justification for rape.
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    Quote Originally Posted by carolina73 View Post
    I think the "you have to believe the woman" rule went out the window at the Kavanaugh hearings and a few other popular cases like the one at UVA.

    I'm thinking there should be some qualifiers before they take the responsibility away from the command.
    Qualifiers like commanders not wanting to allow their tenure as a commander look bad by recognizing the rape of a soldier under their command?
    And using Kavanaugh as an example is a joke.
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