What is going on with these changes regarding how we handle sexual assaults?

2023-12-16T22:33:12-05:00

Upcoming changes regarding sexual assaults go live on 27DEC. The executive order covers more areas than that alone, but I am focusing my attention on that topic, over the others. For those unaware, some highlights can be found here: https://www.defense.gov/News/News-Stories/Article/Article/3479106/executive-order-changes-how-military-handles-sexual-assaults/

To be clear, I like the concept. I have had similar notions myself. Considering how bad things have been with sexual assaults, and by that I mean not only their increasing occurrence but the many examples of the poorly executed investigations or corresponding consequences, I started to believe that the DoD should empower a separate entity to crack down on the crimes, totally bypassing the opportunity of command leadership to abuse or neglect the responsibility of due-process and the issuing of uniform and fair punishments. Well, here we are. I knew I wasn't the only one thinking it.

However, two things leave me with questions. First, this special trial counsel has the right of first refusal. Why in the world would this counsel need to refuse one of these cases? If the point of having an entity outside the chain of command is to promote uniformity and fairness, and by implication do justice and uphold the moral integrity of the institution, then why give the counsel an option to NOT do that? The only thing I can think is capacity. In order to maximize effectiveness and efficiency, such counsels can only take so many cases. Seems like a lame excuse, if that is in fact the excuse.

Second, the report that issued these recommendations was submitted in 2021. It took two years to find its way to the President's desk? I know bureaucracy is slow, but that seems awful for something of such significance. Can anyone shed light on that timeline?

Executive Order Changes How Military Handles Sexual Assaults

The president signed an executive order that changes how some crimes — including sexual assault, domestic violence, child abuse and murder — are handled within the military justice system.

Response by Maj Kim Patterson made Dec 16 at 2023 10:52 PM

2023-12-16T22:52:35-05:00

As a victim of MST, it took almost 40 years. The worst were the serial rapists but I see the culture has not changed. They say the words but no one follows through, The leaders most likely were guilty of sexually assaulting or harassing other service members themselves so it was safest to sweep it under the rug. I am thankful that many of us are finally getting acknowledged and rated for the damage the assault caused that made it hard to do our jobs, I had names and places, enough people finally are reporting so a pattern can be seen and an individual or unit can be identified. 2 years is a victory, Some of us weren’t aware of a way to report assaults at the time they occurred but our performance suffered. Speaking as a civilian sexual assault nurse examiner, I saw delays caused by under manning labs to follow up on the rape kits. They sat on the shelves collecting dust, last year, the DA found a serial rapist and 7 different nurses from different nights were called as witnesses, we have another case of serial rapist coming up soon. First, we feel disgusted, suicidal, violated, we have to relive the experience each time we are asked about it, not a day goes by I don’t relive mine.

Response by SFC Kelly Fuerhoff made Dec 16 at 2023 10:59 PM

2023-12-16T22:59:01-05:00

Sexual assault is not a priority in the military or civilian realm. Idgaf what anyone says - it's not. I have heard, since SHARP was created at least, sexual assault there is "zero tolerance." Ha. I've seen the evolution of SHARP and not much has improve in it since it started. Very, very small changes. Also I've been a VA and SARC and seen the lip service given by leaders saying "zero tolerance" but not putting any emphasis on trying to reduce it.

For example, the military has repeatedly used administrative separations in lieu of court martial: "More than half of the 900 soldiers who were allowed to leave the country’s largest military branch in the past decade rather than go to trial were accused of violent crimes, according to an analysis of roughly 8,000 Army courts-martial cases that reached arraignment. The figure is a significant increase from about 30% in the previous decade.

Choosing to handle such cases administratively instead of through the courts can have serious ramifications, experts told the news organizations.

Some soldiers escape potential legal consequences: Those who may have been convicted of sexual assault won’t have to register as sex offenders, and those who could have been found guilty of domestic abuse will not be subject to federal restrictions prohibiting them from owning firearms."

armytimes.com/news/your-army/2023/04/10/how-the-army-quietly-discharges-soldiers-charged-with-violent-crimes/

Then add in that there's still a problem of victim blaming. I know people say there isn't but there is. No matter who the victim is.

I mean there's so many issues that come with this epidemic in both military and civilian realms. But no one really wants to address it. Look at the civilian world all these precincts with back logged SANE kits. Piled up, untested. Some so old they've degraded. So why report it when nothing happens? Sexual assault is rarely prosecuted and if it makes it trial and a conviction, there aren't really very long sentences handed out. Brock Turner was caught raping a woman - he got six months and didn't have to do all of it. Other cases have resulted in probation or less because "well we don't ruin this young man's future" because he was some popular athlete or whatever. (Usually white too).

Then add in when we have had men at the highest levels saying certain things are "locker room talk" or people say that kind of behavior is "boys being boys."

I don't see anything changing in my lifetime. I wish it would...but I doubt it.

Response by MAJ Private RallyPoint Member made Dec 17 at 2023 4:38 AM

2023-12-17T04:38:01-05:00

What is going on is command failed in their responsibility, so the authority is being placed elsewhere.
Note concept of responsibility and authority.

Response by MAJ Ronnie Reams made Dec 17 at 2023 9:23 AM

2023-12-17T09:23:42-05:00

A prosecutor should refuse any case that he/she does not have a better than equal chance of winning. Not new concept. Talk with a trial counsel.

Response by MSG Private RallyPoint Member made Dec 17 at 2023 4:03 PM

2023-12-17T16:03:22-05:00

Prior to my departure from Soto Cano in Honduras, mt BN Commander wanted me to give the entire BN a SHARP class.

So, I designed the class off the Foundation Course I received in March. This class was different in the manner that I used all the information available and tried to get people to see SHARP from the eyes and mentality of the victims. I used stats. I used personal experience of others, without using any identifiable information. Hell, I used my own personal experience. I even had a Hall of Shame where I showed and talked about Senior Leaders getting nailed for SA/SH.

I even went so far as to tell the entire BN that the SHARP program is failing because we, as Leaders, are failing the SHARP program by failing to hold accountable those that violate.

The Government and the Military can include all kinds of changes and all kinds of training, but until Senior Leaders get serious about punishing those that harass and assault, nothing will ever change.

Response by MAJ Ken Landgren made Dec 18 at 2023 9:14 PM

2023-12-18T21:14:21-05:00

I firmly believe that the CGs need to be held accountable. It's the right thing to do and crap runs down hill in the military.

Response by CPT Private RallyPoint Member made Dec 19 at 2023 11:04 AM

2023-12-19T11:04:47-05:00

I think the military is moving in the right direction with this. I don't believe a law or regulation will eliminate all misconduct. I do think that first line leaders should be the most invested in this. I have dealt with a couple investigations and I feel the Army got it right. The issue we have is when the wrong leaders are in charge and they ignore banter and accept misconduct. When I was a civilian I have received a few comments where I was really surprised. Now that I am back in the military I make very deliberate effort to make sure that line is never crossed. I also make sure that my subordinate leaders understand. I believe in the "not in my squad" concept. We have to take care of our own.

Response by MAJ Ken Landgren made Dec 19 at 2023 4:46 PM

2023-12-19T16:46:27-05:00

The army had to get black eyes before real change was made. Some of the cases were immeasurably appalling the way the victims were treated. What is stupid is nobody would find a fix for the problem. The army alone had numerous cases that made me shake my head. We talk about leadership and the need for good leadership. However, in front of the whole country, the army found a way to make the lives of victims infinitely worse after they were assaulted. The military can move mountains, but it can't protect vulnerable victims. Just stupid.

Response by Maj Rob Drury made Jun 22 at 2024 9:57 PM

2024-06-22T21:57:34-04:00

I don't recall a time when sexual assault wasn't a violation of military regulations or the UCMJ. At the risk of oversimplifying, that means don't do it. Why do we have to waste time and resources holding classes? [face palm]