Ms. magazine  -- more than a magazine a movement

SIGN UP FOR MS. DIGEST, JOBS, NEWS AND ALERTS

FEMINIST WIRE NEWSBRIEFS

ABOUT
SEE CURRENT ISSUE
SHOP MS. STORE
MS. IN THE CLASSROOM
FEMINIST DAILY WIRE
FEMINIST RESOURCES
PRESS
JOBS AT MS.
READ BACK ISSUES
CONTACT
RSS (XML)
 
feminist wire | daily newsbriefs

November-07-13

Lawmakers Push for Changes in Military Sexual Assault Prosecutions

Senator Kirsten Gillibrand (D-NY) and a team of bipartisan lawmakers kicked off a two-week push yesterday to pass the Military Justice Improvement Act (MJIA), an amendment to the 2014 National Defense Authorization Act (NDAA). The Act will move the decision of whether to prosecute a crime out of the chain of command and give it to independent military prosecutors.

MJIA attempts to erase the systemic obstacles that victims of sexual assault in the military face due to the "clear bias and inherent conflicts of interest posed by the military chain of command's current sole decision-making power over whether cases move forward to a trial." According to the 2012 SAPRO report released by the Defense Department, there were 26,000 cases of unwanted sexual contact and assault that year, but only 3,553 were reported. Twenty-five percent of women and 27 percent of men who experienced unwanted sexual contact reported that the offender was someone in their military chain of command.

Fifty percent of women said they did not report unwanted sexual contact because they thought nothing would be done. "Too often, cases of sexual assault go unreported out of fear of retribution or that nothing will be done - this bill would increase confidence in the military judicial system," said Senator Lisa Murkowski (R-AK).

NDAA is expected to receive a vote before Thanksgiving recess. While the Pentagon heavily opposes the amendment, 46 senators have already expressed public support for the bill.

Another bill recently introduced aims to amend Article 32 proceedings - a pre-trial investigation before a case can even be referred to a general court-martial. Article 32 proceedings can be re-victimizing for victims of sexual assault, who may be forced to answer accusatory questions throughout, like the rape victim at the Naval Academy who had to undergo 30 hours of questioning. The amendment aims to limit the scope of the proceedings, bar unwarranted questioning, prevent crime victims from being forced to testify, and require the proceedings to be recorded and made available to all involved parties. These changes will bring the proceedings more in line with the conduct of preliminary hearings under rule 5.1 of the Federal Rules of Criminal Procedure.

"There is simply no reason that victims of military sexual assault should have to endure vicious and invasive questioning during a marathon, pre-trial interrogation that has no parallel in the civilian world," said Senator Barbara Boxer (D-CA).

Media Resources: Senator Barbara Boxer's Press Releases 11/5/13, 11/6/13; The New York Times 11/7/13; RH Reality Check 11/7/13; Feminist Newswire 9/3/13


© Feminist Majority Foundation, publisher of Ms. magazine

If you liked this story, consider making a tax-deductible donation to support Ms. magazine.

 

 

Send to a Friend
Their
Your
Comments
(optional)


More Feminist News

5/27/2015 California Passes Reproductive FACT Act - The California State Assembly passed the Reproductive Freedom, Accountability, Comprehensive Care and Transparency (FACT) Act yesterday. AB 775, or the FACT Act, passed 48-25 in a vote, and requires that unlicensed facilities in California that provide pregnancy-related services disclose that they are not licensed medical providers. . . .
 
5/26/2015 Ireland Votes Overwhelmingly to Legalize Same-Sex Marriage - Over the weekend, the people of Ireland voted overwhelmingly to pass a national referendum legalizing same-sex marriage. Ireland became the first country in the world to pass marriage equality through popular vote on Friday. . . .
 
5/26/2015 Maryland Governor Will Not Veto LGBT Rights Bills - Maryland Governor Larry Hogan (R) has announced that he will not veto two pieces of legislation protecting LGBT rights passed by the state legislature in March, meaning they will soon become law. The Maryland General Assembly passed SB 743 / HB 862 and SB 416 / HB 838 by wide margins and with bipartisan support on March 24, after which both were sent to the Governor's desk. . . .