In three brief sentences, Petula Dvorak (Washington Post) sums up the problem, "The good news is, we’re talking about it. The bad news is, we’re talking about it. Again." Talk. That's all that's happened for the last years.
The brass promises they're going to address the issue, instead, they sweep it under the rug. Under Bully Boy Bush, things were so bad that a little liar -- who is still in her job, who still gets to testify before Congress -- refused to appear before Congress on this issue. That goes to how the Pentagon really regards the issue. (It's the little liar who tries to steer people into 'restricted reporting' on rapes -- which really means no justice.) They've talked, the military, and they've talked and they've done nothing and the rate of rape and assault has climbed and climbed.
Now they have to appear before Congress and that has them worried. Phil Stewart and Patricia Zengerle (Reuters) reports:
According to letters sent to the committee, and obtained by Reuters, top brass supported some important curbs but appeared concerned about taking away too much power from commanders.
One measure they are likely to balk at is Democratic Senator Kirsten Gillibrand's proposal to take responsibility for prosecuting sex crimes out of the victim's chain of command altogether and give it to special prosecutors.
"Victims need to know that their commander holds offenders accountable, not some unknown third-party prosecutor," wrote General James Amos, Commandant of the Marine Corps, in his letter dated May 17.
But here's the thing, victims don't know that their commanders hold criminals accountable. Quite the opposite. And though Amos can write a letter maintaining that, he kept his mouth shut when it came to the actions of Lt Gen Craig A Franklin, didn't he? Didn't have a damn word to say when Franklin overturned the conviction of one of his friends (Lt Col James Wilkerson) who was found guilty of assaulting a woman. Amos had no letter to share then. Had no thoughts on the matter.
But now that Congress might strip them of their power to do as Franklin just did last February, now Amos has a few thoughts. It's a few too little.
Craig Whitlock (Washington Post) notes:
Gen. Ray Odierno, the Army chief of staff, warned the senators in a May 20 letter that taking away commanders’ authority in matters of military justice “will adversely impact discipline and may result in an increase in the problems we seek to resolve.”
“Sexual assault remains an unacceptable problem for our military and society,” Odierno added. “We cannot, however, simply ‘prosecute’ our way out of this problem. At its heart, sexual assault is a discipline issue that requires a culture change.”
No, a crime is a crime. Rape is a crime. It needs to be treated as such. And Odierno, whom I like and respect, is dead wrong when he refers to assault as "an unacceptable problem." It's not a problem, it's a crime. Grasp that, it's a crime.
If you can't call a crime a "crime," I don't think you're able to address it on your own. The editorial board of the Cleveland Plain Dealer points out today:
It's not enough. The Uniform Code of Military Justice needs updating.
Right now under the UCMJ, commanders can unilaterally toss out charges and even overturn guilty verdicts in sexual assault cases. Earlier this year, an Air Force lieutenant general did just that in overruling a court-martial jury's finding of guilt against an Air Force lieutenant colonel.
A move in Congress to take sexual assault cases out of the chain of command and assign them instead to military judges makes a great deal of sense.
Ed O'Keefe and Sean Sullivan (Washington Post) point to seven female senators in today's hearing that they say are key. We'll note two:
Sen. Claire McCaskill (D-Mo.): A former sex crimes prosecutor, McCaskill is one of the panel’s most outspoken members on this issue and is cosponsoring a bipartisan plan to overhaul how the Pentagon handles sexual assault cases.
What’s she’s doing about it: McCaskill’s bill, cosponsored by Sen. Susan Collins (R-Maine) and Reps. Mike Turner (R-Ohio) and Niki Tsongas (D-Mass.), among others, would make it more difficult to reverse convictions for sexual assault crimes; require that people found guilty of rape, sexual assault, forcible sodomy, or an attempt to commit any of those offenses at least be dismissed or given a dishonorable discharge from the military; and remove the five-year statute of limitations on trial by courts-martial for allegations of sexual assault and sexual assault of a child.
What’s she’s saying about it: “The problems the U.S. military have had dealing with this issue — whether it’s aggressively prosecuting perpetrators or effectively protecting survivors — are well chronicled and have gone on far too long,” McCaskill said recently. “It’s time for the reforms contained in this bill, and I’m going to work with my colleagues in both chambers and in both parties to ensure that they’re enacted.”
[. . .]
Sen. Kelly Ayotte (R-N.H.): She’s a former state attorney general who also prosecuted sex crimes.
What she’s doing about it: Ayotte is cosponsoring a bill with Sen. Patty Murray (D-Wash.) that would provide people alleging sexual assault with a military lawyer; provide more funding for the Pentagon’s Sexual Assault Prevention and Response Office; refer sexual assault-related cases to the general court martial level or to the next-highest authority if there’s a conflict of interest in the immediate chain of command; prohibit sexual contact between instructors and trainees during and within 30 days of completion of any training programs; and ensure that sexual assault response coordinators are available to members of the National Guard and reserves at all times.
What’s she’s said about it: “The military has moved too slowly on this issue, and there needs to be a greater sense of urgency,” Ayotte told us for our recent story. “But to put this issue in the box as a women’s issue is to diminish it.”
The bill Senators Ayotte and Patty Murray are co-sponsoring is "Combating Military Sexual Assault (MSA) Act of 2013." As we've noted before, some of the strongest voices in the Senate today on this issue are the former prosecutors (that also includes Senator Richard Blumenthal). Iraq War veteran Kayla Williams has testified to Congress on many military issues. Today at The Daily Beast, she offers "Seven Misconceptions About Military Sexual Assault."
The following community sites -- plus Antiwar.com, Adam Kokesh, Jody Watley, Ms. magazine's blog, and Susan's On the Edge -- updated last night and this morning.
The e-mail address for this site is common_ills@yahoo.com.
iraq the washington post petula dvorak the daily beast kayla williams phil stewart patricia zengerle reuters craig whitlock the cleveland plain dealer sean sullivan ed okeefe
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