Posted on Jan 26, 2016
Should a Sexual Assault conviction be a career ender?
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If a Leader is convicted of sexual assault, should this 'Leader' be chaptered? Can this 'Leader' effectively lead their section/units?
Clarification note: Sexual assault is any type of forced or coerced sexual contact or behavior that happens without consent. Sexual assault includes rape and attempted rape, child molestation, and sexual harassment or threats.
Clarification note: Sexual assault is any type of forced or coerced sexual contact or behavior that happens without consent. Sexual assault includes rape and attempted rape, child molestation, and sexual harassment or threats.
Readiness
SHARP
UCMJ
Sexual Assault
Sexual Harassment
Posted 9 y ago
Responses: 83
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SGM Matthew Quick ,
I'm surprised this question was even asked. Are there situations where this is not a career ender?
I'm surprised this question was even asked. Are there situations where this is not a career ender?
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MSgt John McGowan
SFC. I never was involed in something like this in the militaty but on my civilian job we had a case I ended up involed with. The man that did the deed was fired the next day. End of problem.
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SSG Vik Polivka
From my limited experience, I would say yes, but how the Command decides to end a career varies. When I was approached by a Soldier with a SHARP complaint, I informed the Soldier of the process, and briefed the Commander. The next day I was relieved off all duties. I notified IG, and was moved to another unit. Before writing then SMA Chandler, I had tried the entire Chain of Command. Yes, entire. Then I was investigated for "false official statement", and facing UCMJ action.
Now, I don't recommend Soldiers do this, but I audio recorded all of my interactions, so I was able to prove that none of my statements were false. Then I was offered UCMJ action for "illegally tape recording conversations". That's when I finally wrote my Congressional representative. CID, and IG went back, and forth.
What happened from all this you may ask? I was reduced from SSG, to SGT, then almost immediately from SGT to SPC. IG substantiated my complaint about reprisals. In fact, it went to the DoD/DA IG level. Sure, everything worked itself out in the end, actions against me were corrected (almost two years later), and those involved in the original offense, too include the reprisals? Letters of Reprimand. Basically, a 1SG didn't go to the Sergeants Major Academy, and he's stuck at MSG (FT Hood) till he retires. Most everyone else was given a "rehabilitative transfer".
So, in a way, it did end careers, though not how you might think.
Yeah, that's a deterrent.
Now, I don't recommend Soldiers do this, but I audio recorded all of my interactions, so I was able to prove that none of my statements were false. Then I was offered UCMJ action for "illegally tape recording conversations". That's when I finally wrote my Congressional representative. CID, and IG went back, and forth.
What happened from all this you may ask? I was reduced from SSG, to SGT, then almost immediately from SGT to SPC. IG substantiated my complaint about reprisals. In fact, it went to the DoD/DA IG level. Sure, everything worked itself out in the end, actions against me were corrected (almost two years later), and those involved in the original offense, too include the reprisals? Letters of Reprimand. Basically, a 1SG didn't go to the Sergeants Major Academy, and he's stuck at MSG (FT Hood) till he retires. Most everyone else was given a "rehabilitative transfer".
So, in a way, it did end careers, though not how you might think.
Yeah, that's a deterrent.
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Clarification Note: I am a retired law enforcement officer who taught Statutory Law at four different police academies in Missouri. Statutory Law varies from state to state. But, I hasten to point out that the definition of Sexual Assault, provided by the good Sergeant Major, is far from a fully accurate compilation of the entire gamut of state felony and misdemeanor crimes that fall under the general heading of Sexual Assault.
I only voted No due to the fact that Sexual Assault crimes, depending upon the state, vary dramatically from the felony charge of Forcible Rape (an FBI Part I crime) to a Class D Misdemeanor for Inadvertent Sexual Touching. The point is something accidental, but falling within the definition of a crime in many states, could require a military member, upon conviction, to register with the local county sheriff as a Registered Sexual Offender...for at least ten years, only one post-conviction obligation among many other potential statutory requirements. Most sexual assaults we read about today are egregious crimes, and there are serious penalties for committing them, and rightfully so. But condemning a young Private to a Dishonorable Discharge or BCD for (literally) accidentally "mooning" a sixteen-year-old girl who happens to drive by his front porch at the wrong time is highly unfair.
I only voted No due to the fact that Sexual Assault crimes, depending upon the state, vary dramatically from the felony charge of Forcible Rape (an FBI Part I crime) to a Class D Misdemeanor for Inadvertent Sexual Touching. The point is something accidental, but falling within the definition of a crime in many states, could require a military member, upon conviction, to register with the local county sheriff as a Registered Sexual Offender...for at least ten years, only one post-conviction obligation among many other potential statutory requirements. Most sexual assaults we read about today are egregious crimes, and there are serious penalties for committing them, and rightfully so. But condemning a young Private to a Dishonorable Discharge or BCD for (literally) accidentally "mooning" a sixteen-year-old girl who happens to drive by his front porch at the wrong time is highly unfair.
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CSM (Join to see)
So if one Soldier sends photos to another Soldier (unsolicited) and it had a man's naked butt in one of them would that be something serious? Just curious.
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SCPO (Join to see)
SrA (Join to see) - no, Kathryn, she has no business in the military, teaching, or any public service job. But what she said to you about "go ahead and try to report this" crap is the core of a number of major personnel issues in the military and publics service: minorities and women with discipline issues are very hard to pursue to the same extent and with the swiftness of white males in similar situations. It's hands off!!! I witnessed and investigated more cases like this than I can count. Your NonComm seems to know this. And more people will have to deal with her down the road. I'm sorry you had to...
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SCPO (Join to see)
CSM (Join to see) - You tell me. You're the ranking NCO here. Such a "what if," as you describe, would certainly have more contingent elements to it. I always dealt real people in front of me when I was conducting an investigation.
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SFC (Join to see)
Absolutely, CSM. Only a perverted individual would send unsolicited nude photos to anyone...
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Yes depending on what happened that soldier should get some jail time. There is very little reason to keep someone in after a conviction like this. Well unless you count a long term assignment at Fort Leavenworth as staying in.
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