Posted on Feb 25, 2021
Plan to remove handling of military sexual misconduct from chain of command sees new momentum
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Long overdue Capt Gregory Prickett LTC Ivan Raiklin, Esq. MAJ Montgomery Granger LT Terry Lober COL Mikel J. Burroughs Lt Col Charlie Brown
Plan to remove handling of military sexual misconduct from chain of command sees new momentum
Posted from militarytimes.com
UCMJ
Military Sexual Trauma (MST)
Sexual Assault
Sexual Harassment
Posted >1 y ago
Responses: 6
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About time. I hate to say it, but I know the chain of command covers this stuff up because it destroys their careers when it happens under them. Why??? I have no idea. They (usually) aren't the one committing the crime. I feel that this issue should be in the hands of civilian attorneys from the DOJ.
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I've said it before, I'll say it again. NO. BAD IDEA.
I am NOT saying that Commanders are getting it right all of the time, right now. I won't even say they are getting it right MOST of the time. But the solution is to hold Commanders accountable, not to remove their responsibility. In what other situation in the military do we say "Oh, sorry you couldn't handle your job, we'll let you keep it and just hire someone else to do part of it?"
If a Commander can be trusted with military justice for murder, then (s)he can be trusted with military justice for sexual assault and/or harassment. Either our Commanders have the responsibility for military justice, or they don't. Period. For the ones who get it wrong, FIRE THEM. And if their boss refuses to fire them, then FIRE THE BOSS.
Once we ACTUALLY hold Commanders - ALL COMMANDERS - accountable for their military justice decisions - ALL OF THEM - then they will either prove themselves capable, or not. And for the ones who are not capable, we can find them non-Command positions and double non-select them.
I am NOT saying that Commanders are getting it right all of the time, right now. I won't even say they are getting it right MOST of the time. But the solution is to hold Commanders accountable, not to remove their responsibility. In what other situation in the military do we say "Oh, sorry you couldn't handle your job, we'll let you keep it and just hire someone else to do part of it?"
If a Commander can be trusted with military justice for murder, then (s)he can be trusted with military justice for sexual assault and/or harassment. Either our Commanders have the responsibility for military justice, or they don't. Period. For the ones who get it wrong, FIRE THEM. And if their boss refuses to fire them, then FIRE THE BOSS.
Once we ACTUALLY hold Commanders - ALL COMMANDERS - accountable for their military justice decisions - ALL OF THEM - then they will either prove themselves capable, or not. And for the ones who are not capable, we can find them non-Command positions and double non-select them.
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SFC Kelly Fuerhoff
"Advocacy groups and several congressional Democrats have pushed for the move for years, arguing that military commanders are inclined to overlook accusations of sexual misconduct in favor of keeping personnel in place.
They say an independent prosecutor experienced in those cases would be more likely to file and pursue charges, especially in cases of repeat offenders."
I have a feeling what will come of it is that commanders will be briefed on the case - but they get no decision in what happens in the case. They've proven time and time again they don't put the needs of victims ahead of their numbers.
So I'd rather a victim get justice and for cases to be looked at by someone whose job it is to prosecute crimes than some rando commander.
They say an independent prosecutor experienced in those cases would be more likely to file and pursue charges, especially in cases of repeat offenders."
I have a feeling what will come of it is that commanders will be briefed on the case - but they get no decision in what happens in the case. They've proven time and time again they don't put the needs of victims ahead of their numbers.
So I'd rather a victim get justice and for cases to be looked at by someone whose job it is to prosecute crimes than some rando commander.
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SFC Casey O'Mally
SFC Kelly Fuerhoff - If that is the case, and I am not arguing against it, then we need to move ALL military justice out from under Commanders. That is all I am saying.
Either Commanders are capable and responsible for military justice, or they are not.
Either Commanders are capable and responsible for military justice, or they are not.
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