Sex Crimes in the Military, What's the Solution?

2013-11-21T09:12:48-05:00

The Military is know for having steeper punishments for certain crimes than the civilian world, therefore I believe the punishment for rape should be the death penalty. Furthermore, if you are found guilty of falsely accusing someone of rape, the punishment should be no less than life in prison and possibly the death penalty as well. My reasoning for this is that if you are willing to try and cost someone their life under false pretense you deserve the same punishment. What does the group think? How do we solve this problem? Can we solve this problem?

Response by CPT Private RallyPoint Member made Nov 21 at 2013 11:05 AM

2013-11-21T11:05:24-05:00

I think this would reduce the number of reported crimes more than it would reduce the number of crimes committed.  I think severe and immediate punishment is needed, but a mandatory sentence of death is extreme for some situations.  For example, two soldiers are of age and are drinking and they end up having sex.  In the morning, once they sober up, one decides it was a mistake and turns the other in for rape.  According to our current system, the other person is a rapist because neither could give consent due to the consumption of alcohol and the person turning the other in says it was unwelcome.  So which one should we kill?  

Response by MAJ Laurie H. made Nov 21 at 2013 11:27 AM

2013-11-21T11:27:05-05:00

I don't have the answer, but that surely isn't it.

Both reporting processes and the system for punishing at the harrassment level need to be improved first. If we address sex crimes better at lower levels, we will likely see lower rates of the more severe crimes.

What we really need is a culture adjustment, not a more severe punishment adjustment.

Let's treat our brothers and sisters with respect.

Response by CW2 Joseph Evans made Nov 21 at 2013 1:47 PM

2013-11-21T13:47:18-05:00

   The military has a really bad record when it comes to the issue of rape. The recent coming out of men who were raped by teammates is disturbing in the least, and a serious violation of the trust that is necessary for unit cohesion. That these incidence occur in units rife with toxic leadership models where hierarchy bestows privilege without responsibility indicates it is a problem of culture within the military, not one of crime and punishment.
   Zero tolerance is not an option and never has been. Mistakes in judgement happen and perception can be misleading. SHARP has become rhetorical training to be endured rather than a vital learning process or a means of changing the culture. Slut shaming and demeaning victims has been a tried practice of reducing the incidence of reporting as well as minimizing the effect in order to get cases dismissed or sentences reduced.
   Enacting policies such as punishing them for failing to provide adequate evidence of their claim, will reduce the likelihood of women (and men) coming forward with their stories, enabling the rape culture in the military to persist.
   The answer, as with all things military, begins at the lowest level. Company Commanders need to fully support the survivors of rape. This includes full investigation into the claims as well as involvement of CID to determine if allegations against an alleged rapist exist beyond the current case. Most rapists are serial in the commission of their crimes, yet each case is usually handled on its individual merits rather than multiple allegations being considered.
   If your argument here is for the sake of being able to punish an accuser for coming forth with the truth behind an abusive relationship, despite the damage done to unit cohesion when the depravity and depth of a magnetic leaders sociopathy and narcissism is exposed, look for a different audience. More often than not, the allegations are true, unfortunately he said/she said is inadequate for prosecution. However, it is more than adequate for warning and allow a Commander to be pro-active in future situations rather than re-active.

Response by SGT Private RallyPoint Member made Nov 22 at 2013 9:43 AM

2013-11-22T09:43:49-05:00

Sir, We all sit through our SHARP briefings and look at the slides and listen to the instuctor talk about the alarming stats in regards to SHARP related incidents. Then we leave and go about our daily routines and the briefing was nothing more than a box that was checked for an annual training requirement. We as a force need to act when we see or here of someone violating another Soldier. Soldiers see things all the time, but rarely do they step up and tell their battle buddy that they are wrong. We have always been taught to watch the buddy to your left and to your right in the fox hole. The same mentality needs to be used while we aren't in the fox hole.  I don't think that the crime of rape should carry the death penalty because with a lengthy jail sentence they will be victims of their own crime while in prison. I do agree that if someone accuses someone of a serious crime under false pretense that they should be punished for the same length of time as if the charge were true. It's to easy for someone to falsely accuse someone because they aren't afraid of consequenses.

Response by SGM Matthew Quick made Nov 22 at 2013 9:48 AM

2013-11-22T09:48:58-05:00

I'll tell you what's NOT the solution...quarterly SHARP Training. Although SHARP training will assist Soldiers in identifying SHARP signs, it'll never eliminate/reduce sex crimes...if someone without moral values is presented an opportunity, they will take it.

To address your post, NO...conviction of rape does not equate to the death penalty. Too many are being accused/convicted and later overturned.

Response by SGT(P) Private RallyPoint Member made Nov 22 at 2013 9:52 AM

2013-11-22T09:52:53-05:00

The bottom line is that such actions have no place in the Army at all.

It doesn't matter, whether the individual is enlisted, NCO or any kind of Officer.

They all need to go

Response by SFC Theodore Evans made Nov 23 at 2013 1:11 PM

2013-11-23T13:11:59-05:00

The U.S. Military hasn't executed anyone since 1961.  All but one of the 160 who have been executed since 1942 were executed for rape and/or murder (85 for murder, 53 for rape, and 21 for both).

Response by PO3 Brenton Holbrook made Nov 23 at 2013 6:45 PM

2013-11-23T18:45:25-05:00

Sir, I agree with the first punishment for convicted offender of rape, but at the same time I also believe that you need evidence that will prove them guilty "without a shadow of a doubt." Witnesses lie, so they're no good, it doesn't matter who it is. But, what doesn't lie is DNA. If you can find a good amount of DNA inside a victim then that would be your rock solid proof that something illegal happened combined with other aggravating factors. For example, would you send someone to prison based solely that there was evidence of unprotected sex? No, you wouldn't, but in a majority of cases it's forced so I would say there needs to be clothing damage such as rips, tears, or holes in the fabric. There are people who have been found posthumously innocent after their wrongful executions and I don't agree with that, but I do agree with the death penalty in and of itself. If we can get rid of that one thing as much as possible I agree with your first sentence suggestion. As for wrongful accusation of rape/sexual assault, I don't think they warrant Life in Prison, but they do warrant probably a good 15-25 years if found guilty filing a false report, wrongful accusation against a neighbor, and perjury, also I'd introduce a new charge and I'd call it "Attempted false imprisonment of another."

Response by SPC Gary Basom made Nov 23 at 2013 9:24 PM

2013-11-23T21:24:30-05:00

I believe in the Uniform Code of Military Justice the punishment for rape is death. There are many different classifications of rape, statutory,etc. so I don't know the penalties for those. 

Response by Cadet CPL Private RallyPoint Member made Nov 23 at 2013 11:18 PM

2013-11-23T23:18:52-05:00

Sir, BLUF: Everyone views the Army (or military as a whole) as a family. Based on my vast amount of military experience as a cadet (sarcasm), I strongly agree with the whole push about how we are all a big family. I don't know if they give this kind of speech in the real Army, but here, one of the best SHARP briefs we had was one where the CSM of Cadets, CSM Rob Duane (SF), asked us if we would make advancements on or harass a blood brother/sister. Of course, everyone responded "no." CSM Duane told us, again and again, that we are not just coworkers, but a family. The people to your left and right are your brothers and sisters whom you should protect and look out for, and if there is a remark/advance you wouldn't make toward your brother or sister, or wouldn't want someone else to make toward your brother or sister, you shouldn't make it toward your fellow Soldier. I'm not sure how it is in the real Army (would anyone care to comment?) but here at West Point, I think cadets don't quite view each other as family just yet - if this changes, I think that the sexual assault/harassment problem would be greatly reduced.

Response by SGM Matthew Quick made Nov 23 at 2013 11:21 PM

2013-11-23T23:21:20-05:00

What's the solution?  Deterrence with swift and just punishment for convicted!  Punishment should be 10-15 years or more.  Do not simply discharge them to be societies problem.

Response by SSG Martin Petersen made Nov 24 at 2013 11:08 AM

2013-11-24T11:08:51-05:00

I'm not a fan of the death penalty for any crime. However, regardless of how severe the punishment is, we will get no closer to a solution if we allow the perpetrators CO to intervene and basically exonerate him. The CO should be able to bring charges against the suspect, but should have no say in the outcome of anything dealing with severe assaults and sexual assaults. Until the military addresses this issue, I'm not comfortable with my daughter or anybody's daughter joining the military.

Response by LTC Private RallyPoint Member made Nov 24 at 2013 12:01 PM

2013-11-24T12:01:17-05:00

I would argue we are already doing what we need to do. Anyone who has taken a stats class can drive a Mac truck thru the numbers going around for comparing apples to oranges. The military has a problem with sexual assault but we punish a higher percentage of offenders because under UCMJ we can punish without proving a case beyond a reasonable doubt with NJP. Cases are punished in the military where no arrest would be made under civilian law. If a leader is trying to suppress or is involved in a case than they shouldn't be a leader anymore.

Response by SSG Private RallyPoint Member made Nov 24 at 2013 5:59 PM

2013-11-24T17:59:12-05:00

I firmly believe in justly punishing those that commit these sort of crimes HOWEVER I believe the death penalty to be a bit extreme.  Regardless of the branch they serve in and more importantly the rank they wear.....ALL OFFENDERS should be prosecuted the same. Someone said it in an earlier comment that the military separating these offenders is simply not enough of a punishment for them.  Heavy UCMJ sanctions should be leveled against them and incarceration should be the minimum penalty with NLT a minimum of 40 years.