Posted on Aug 13, 2018
Lawmakers move to make domestic violence a crime under UCMJ
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Although previously prosecuted under the UCMJ, this makes domestic abuse a specified article within the UCMJ.
Lawmakers move to make domestic violence a crime under UCMJ
Posted from militarytimes.comPosted in these groups: 
UCMJ
Domestic Violence
UCMJ Domestic Violence
Posted >1 y ago
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Long overdue, but how it’s written will make the difference. It it’s only written as if the male can be the only person who can do spousal abuse, it’ll be overlooking how the military has changed since the repeal of DADT. It needs to be fully inclusive and make Commanders accountable for decisions they make in punishment. Some senior folks seem to want to ‘protect’ folks and not hook em up
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SSG Warren Swan
SFC Kelly Fuerhoff - that's what I was trying to say. When I was a MP, it was NOT uncommon to find that the SM is a male, and he's being physically abused by his wife. Guess who ends up leaving the house? Hint...it wasn't the wife. Most women know there is a lot of men who won't hit them, and they use it to their advantage. They also know that if someone calls the MP's, we can't do anything to her (unless she's a SM also), but can make(will) his life hell, even if he didn't do a damn thing wrong. I don't know of any MP who wants to end a career just because, but once the statements are written, the command is involved, that SM will feel it. Guess who ends up leaving the house? Hint...it wasn't the wife. Had an incident where a wife went off on the on scene MP after they separated the two. She beat the MP to the point where he was medically retired. The MP was a man who wasn't going to hit a woman, but she had no issues going in on him. This will amplify if they leave any "outs" that can be found with this.
With the massive changes the regs HAVE to be all inclusive. I haven't seen this one yet, so I'm shooting blind in my comments, but from past experience, they're written to where it's a mans problem, not a societal one. That's basically setting someone up for failure, when we've changed a LOT from the Old Army, into the New Army(me), and into the Army of today. Hell the changes in the last 10yrs wouldn't have gotten the time of day in the 90's and early 2000's. We may be aa flexible force, but our minds need to reflect the changing of the times even when we don't like it.
With the massive changes the regs HAVE to be all inclusive. I haven't seen this one yet, so I'm shooting blind in my comments, but from past experience, they're written to where it's a mans problem, not a societal one. That's basically setting someone up for failure, when we've changed a LOT from the Old Army, into the New Army(me), and into the Army of today. Hell the changes in the last 10yrs wouldn't have gotten the time of day in the 90's and early 2000's. We may be aa flexible force, but our minds need to reflect the changing of the times even when we don't like it.
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SFC Kelly Fuerhoff
SSG Warren Swan - That's not a legal issue - that's a societal issue.
That woman should have been charged with assault against that MP.
What reg is written specifically toward males in the case of UCMJ? Or law?
That woman should have been charged with assault against that MP.
What reg is written specifically toward males in the case of UCMJ? Or law?
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SSG Warren Swan
SFC Kelly Fuerhoff - There are none, but in application, domestic abuse is seen as the male doing it. We don't exactly help ourselves with that perception, but that's how it seems.
She wasn't. At least not where any of us saw it. If Arlington County took her in, that back then is the last we'd have eyes on it past those responding MP's and the command group. They'd be in court testifying. We saw the MP (SGT), until his last day in service. He was an awesome NCO too. He had those canes that attach to your arms for him to walk.
A societal issue carries on into the military being the military itself is a societal experiment. It's the only place where you can see relatively instant cause/effect and implement change without a ton of oversight if needed. DADT repeal is proof of that.
She wasn't. At least not where any of us saw it. If Arlington County took her in, that back then is the last we'd have eyes on it past those responding MP's and the command group. They'd be in court testifying. We saw the MP (SGT), until his last day in service. He was an awesome NCO too. He had those canes that attach to your arms for him to walk.
A societal issue carries on into the military being the military itself is a societal experiment. It's the only place where you can see relatively instant cause/effect and implement change without a ton of oversight if needed. DADT repeal is proof of that.
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SFC Kelly Fuerhoff
SSG Warren Swan - Again in application is a societal thing. Society needs to stop thinking only men can be abusers.
On cop shows now I do see cops taking women into custody in dv situations more often or making them leave.
One night I was at my best friend's house - long ago. I wasn't supposed to be there but another friend was staying with her. Her parents were raging alcoholics then. They came home drunk and got in a fight. My friend said "oh here we go." Went downstairs to break it up. Then we hear this thud - her mom hit her dad on the head with a frying pan. Cops called. Sheriff showed up - he said someone had to leave. So her mom left with her younger brother. I don't know if she got charged. She should have.
On cop shows now I do see cops taking women into custody in dv situations more often or making them leave.
One night I was at my best friend's house - long ago. I wasn't supposed to be there but another friend was staying with her. Her parents were raging alcoholics then. They came home drunk and got in a fight. My friend said "oh here we go." Went downstairs to break it up. Then we hear this thud - her mom hit her dad on the head with a frying pan. Cops called. Sheriff showed up - he said someone had to leave. So her mom left with her younger brother. I don't know if she got charged. She should have.
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https://rosen.house.gov/media/press-releases/rosen-provisions-signed-law-part-annual-defense-authorization-bill
•Establishes Domestic Violence as a Crime Under the Uniform Code of Military Justice (UCMJ): The NDAA makes domestic violence a crime under the Uniform Code of Military Justice (UCMJ), as it is under federal civilian law. An NDAA amendment from Rosen, based on bipartisan legislation she introduced with Congresswoman Lynn Jenkins (R-KS) in December 2017, was passed by the House Armed Services Committee and the full House earlier this year. The Military Domestic Violence Reporting Enhancement Act (H.R. 4639) would prevent convicted domestic abusers from purchasing firearms by making domestic violence its own specific criminal offense, closing a dangerous loophole in the UCMJ. Prior to the enactment of this year’s NDAA, a domestic violence conviction was categorized as assault because an article for domestic violence did not exist in the military code.
So it is a crime under UCMJ and we should see it updated soon I would think.
•Establishes Domestic Violence as a Crime Under the Uniform Code of Military Justice (UCMJ): The NDAA makes domestic violence a crime under the Uniform Code of Military Justice (UCMJ), as it is under federal civilian law. An NDAA amendment from Rosen, based on bipartisan legislation she introduced with Congresswoman Lynn Jenkins (R-KS) in December 2017, was passed by the House Armed Services Committee and the full House earlier this year. The Military Domestic Violence Reporting Enhancement Act (H.R. 4639) would prevent convicted domestic abusers from purchasing firearms by making domestic violence its own specific criminal offense, closing a dangerous loophole in the UCMJ. Prior to the enactment of this year’s NDAA, a domestic violence conviction was categorized as assault because an article for domestic violence did not exist in the military code.
So it is a crime under UCMJ and we should see it updated soon I would think.
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