Senator Kirsten Gillibrand's office issued the following today:
June 13, 2019
Gillibrand’s Renewed Push Follows Shocking DoD Report Showing Sexual Assaults in the Military Dramatically Increased While the Number of Cases Going to Trial Went Down; Five Years After Chairman of the Joint Chiefs of Staff Martin Dempsey Said Military Was ‘On the Clock’ to Fix Military Sexual Assault, Sexual Assault Remains Pervasive and Many Service Members Still Have Little Faith in the System; Bipartisan Legislation Would Create Impartial, Fair, and Accountable Military Justice System
Washington, DC –
U.S. Senator Kirsten Gillibrand (D-NY), the ranking member of the
Senate Armed Services Personnel Subcommittee, today led a bipartisan
group of Senators to reintroduce the Military Justice Improvement Act, which
would professionalize how the military prosecutes serious crimes by
moving the decision over whether to prosecute them to independent,
trained, professional military prosecutors. According to the Department
of Defense’s own data in this year’s Sexual Assault Prevention and Response Office (SAPRO) report, there
were an estimated 20,500 instances of sexual assault – a massive
increase over the 14,900 estimated in the previous 2016 survey. The
number of women in the military who experienced sexual assault increased
by 50%, from 8,600 in FY2016 to 13,000 in FY2018. In fact, by DoD’s own
admission, the odds of young service women experiencing a sexual
assault is one in eight, yet commanders have sent fewer cases to trial –
from 588 in FY2014, to 389 in FY2016, to 307 in FY2018.
“Our nation’s military leaders have
spent decades promising ‘zero tolerance’ on sexual assault, but it’s
painfully clear that they’ve failed at that mission. The Pentagon, by
its own admission, is out of time – and should now be out of excuses,” said Senator Gillibrand. “For
years, survivor after survivor has told us the change we need to make
in the military justice system to end the scourge of sexual assault in
our military – the same change that some of our allies all around the
world have already made: move the decision to try these crimes outside
of the chain of command to trained military prosecutors. The Department
of Defense has tried incremental reforms, but they clearly haven’t
worked. Sexual assault is still pervasive – in fact the latest DoD
numbers show that sexual assaults in the military have dramatically
increased while the number of cases going to trial has gone down. None
of this is acceptable. It’s long past time for Congress to step up and
create accountability where the DoD has failed. That is how we will
finally give our men and women in uniform a justice system that is fair,
professional, and actually works.”
Five years ago, the Chairman of the Joint
Chiefs of Staff, Martin Dempsey, said the military was “on the clock” to
fix military sexual assault, and indicated it would be right to bring a
bill back to the floor in a year if they hadn’t solved the problem. In
the years since, incremental reforms have been implemented yet sexual
assault in the military has remained pervasive and dramatically
increased over the last two years, with many service members still
having little faith in the military justice system.
The Military Justice Improvement Act would
professionalize how the military prosecutes serious crimes like sexual
assault, which would help remove the systemic fear that survivors of
military sexual assault describe in deciding whether to report the
crimes committed against them. This legislation would remove the sole
decision-making authority over whether serious crimes are prosecuted
from the military chain-of-command and give it to independent, trained
military prosecutors. Uniquely military crimes, such as a soldier going
AWOL, and other non-judicial and administrative remedies would stay
within the chain of command.
Specifically, the Military Justice Improvement Act would do the following:
· Grant
the authority to send criminal charges to trial (disposition authority)
to designated judge advocates (military lawyers) in the rank of O-6 or
higher who possess significant criminal justice experience.
· Ensure that judge advocates vested with disposition authority would
· Be outside the chain of command of the accused.
· Exercise professional prosecutorial judgment when deciding whether to proceed to court martial.
· Render decisions to proceed to trial free from conflicts of interest.
In addition to Senator Gillibrand, this
legislation is cosponsored by Senators Chuck Grassley (R-IA), Tammy
Duckworth (D-IL), Jeanne Shaheen (D-NH), Patrick Leahy (D-VT), Dick
Durbin (D-IL), Elizabeth Warren (D-MA), Michael Bennet
(D-CO), Jeff Merkley (D-OR), Richard Blumenthal (D-CT), Ron Wyden
(D-OR), Mazie Hirono (D-HI), Maggie Hassan (D-NH), Tammy Baldwin (D-WI),
Chris Coons (D-DE), Bob Menendez (D-NJ), Dianne Feinstein (D-CA), Tom
Udall (D-NM), Amy Klobuchar (D-MN), Sherrod Brown (D-OH), Lisa Murkowski
(R-AK), Tina Smith (D-MN), Cory Booker (D-NJ), Bernie Sanders (I-VT),
Bob Casey (D-PA), Ted Cruz (R-TX), Rand Paul (R-KY), Kamala Harris
(D-CA), Ed Markey (D-MA), and Martin Heinrich (D-NM).
“Justice is a founding principle
enshrined in the Constitution. Those who have dedicated themselves to
protecting and defending the Constitution as part of the armed forces
deserve justice as much as anyone else. But their fidelity has been
betrayed by a system that discourages reporting of sexual assault and
far too often fails to punish perpetrators. This is the fourth Congress
I’ve supported this legislation. It’s time for it to become law. We owe
it to the heroes who put their lives on the line in service to their
country and ask for so little in return,” said Senator Grassley.
“The
military has failed to address the sexual assault crisis, letting
victims down and harming our military’s readiness, recruitment and
retention efforts. Unfortunately, far too many of our men and women in
uniform do not trust they’ll get the justice they deserve if they pursue
it through the current system,” said combat Veteran and Senator Tammy Duckworth. “As
a former commander of an assault helicopter company, it’s become clear
to me that we need to pass meaningful reforms to bring more perpetrators
to justice and ensure survivors have the resources and support they
need to heal and be able to resume the careers they dreamt about from
the time they entered the military. I’m proud to have worked with
Senator Gillibrand on her new Military Justice Improvement Act, which
will help deliver justice to survivors without sacrificing military
commanders’ abilities to maintain discipline within their unit at home
or while deployed.”
“Sexual assault is one of the most
under-reported crimes in the nation, and recent data shows that
incidents are increasing at an alarming rate in the military. Service
members need to have confidence that if they come forward, justice will
be pursued without retribution or stigma,” said Senator Shaheen. “This
legislation will empower military prosecutors with the authority they
need to step outside of the military chain of command’s decision-making
power for the most serious crimes, helping to ensure perpetrators are
held accountable for their crimes and that survivors are treated fairly
and shielded from retaliation. No service member should be intimidated
out of reporting an assault – I urge Leader McConnell to bring this bill
up for a vote so we can protect and support our service members seeking
justice.”
“I’ve been deeply moved by the
courageous accounts of military sexual assault survivors whose bravery
reminds us that this horrific crime is all too common. The current
system for prosecuting these heinous crimes is simply inadequate, even
as reported assaults have increased dramatically. We have much more work
to do to ensure survivors, in and out of uniform, have access to the
support they need and the fair and effective justice system they
deserve. It ought to renew and reinvigorate our push to protect all of
our military men and women from these horrific crimes,” said Senator Blumenthal.
“The brave men and women who serve our
country should not fear retaliation from their peers and superior
officers when they report sexual assault and harassment. Sexual assault
in the military is a serious crime, and personal bias or conflicts of
interest from their fellow service members should not prevent survivors
from getting the justice they deserve,” said Senator Hirono. “The
Military Justice Improvement Act would put the decision to pursue these
serious crimes in the hands of trained and professional military
prosecutors, and ensure that survivors of sexual assault are not
victimized again when they report military crimes. This legislation
takes a critical step towards changing the culture surrounding sexual
assault and harassment, and I urge my colleagues to support and pass
this measure.”
“Sexual harassment and assault cannot
be tolerated in our society, whether it’s in the military, at home, in
the executive suite, or anywhere else,” said Senator Heinrich. “We
must take serious steps to address this issue head on. This legislation
that Senator Gillibrand has tirelessly pursued since I came to the
Senate will make our Armed Services stronger. I am proud to cosponsor
the Military Justice Improvement Act to create a military justice system
that holds perpetrators accountable and cultivate a safer, more
respectful environment for our servicemembers.”
“The current military justice system is failing servicemembers who have experienced sexual assault crimes,” said Senator Warren. “Servicemembers
have had enough of the same vague commitments – it’s time for real
structural change to ensure justice for survivors.”
“The stark reality is that far too many
sexual assault victims serving in the military claim to have faced some
sort of retaliation for reporting the crime. It’s obvious the current
justice system is not protecting members of the military that fall
victim to these heinous crimes,” said Senator Murkowski. “In
the unfortunate event that a serviceman or servicewoman falls victim to
sexual assault or sexual harassment, they must have the opportunity to
seek justice in a fair and unbiased environment. I am proud to join my
colleagues in support of legislation that protects the rights of
military sexual assault survivors by requiring military professionals
outside of the victim's chain of command to make the decisions regarding
their case. Every victim deserves justice and ability to speak up – we
need to ensure these terrible crimes are not swept under the rug.”
“Every American deserves a fair justice
system. Yet we still have military sexual assault and harassment
reports that are not properly investigated, and in many cases survivors
are reprimanded for speaking out,” said Senator Merkley. “It’s
past time for Congress to pass this bipartisan legislation so we can
make critical improvements to the process under which these cases are
reviewed. These brave Americans serve their country, and we must do
everything we can to ensure they do so with safety and accountability.”
“Too many sexual assault victims in the
military remain silent because they do not trust the military justice
system to hold their perpetrators accountable and protect them from
retaliation,” said Senator Coons. “The
failure of our military to prevent sexual assault remains
unacceptable. I support this carefully crafted legislation because we
need to remove any appearance of bias from the ways in which accusations
of sexual assault are handled in our armed forces. This
legislation will help ensure victims have the confidence to come forward
to report crimes. I will continue to work with my colleagues on both
sides of the aisle to pass this important legislation.”
“Service members who’ve been victims of
sexual assault should not have to fear retaliation for bravely coming
forward and seeking justice,” said Senator Menendez. “It’s
clear that we need to do more to ensure that our military justice
system is both providing protection and fairness that survivors deserve,
and is holding the perpetrators who’ve committed these violent crimes
accountable for their actions.”
“As a former prosecutor, I know how
important it is to have strong policies in place to combat sexual
assault, and the military is no exception. Our legislation will improve
the system for reporting and prosecuting sexual assault in the military
and support survivors throughout the process. Our men and women in
uniform put their lives on the line fighting for our country—we must
make sure each one of them has trust and respect within their own
ranks,” said Senator Klobuchar.
“I am grateful to the victims who have
had the bravery to come forward, but there are still far too many
service members who feel they cannot report an assault without adverse
consequences to their careers,” said Senator Brown. “We
need to do everything we can to root out this problem, starting with a
military justice system that holds perpetrators accountable and creates a
safer environment for our nation’s heroes.”
“Women and men who honorably serve our
nation deserve our utmost respect, and part of our responsibility to
look out for them means ensuring there are systems in place to get
justice for victims of sexual assault in the military,” said Senator Smith. “We
owe it to those who make sacrifices for our nation to have systems in
place so victims do not live in fear of coming forward, and they know
there is a system of justice in place that will work for them.”
“The Military justice Improvement Act
is a critical step toward creating a safer environment and more reliable
system of accountability and survivor services for military survivors
of sexual assault. I stand ready to work with my colleagues in the
Senate to seek justice for survivors,” said Senator Casey.
“Sexual assault is a horrific wrong, and, tragically, it has proven far too pervasive in our armed forces,” said Senator Cruz. “We
have a solemn obligation to protect the young women and men in the
military, and to keep all of them safe from sexual violence. Decades of
experience have shown that, under the status quo, far too many victims
of assault are reluctant to come forward because they fear their
attackers will not be prosecuted. That’s why, for many years, I’ve
joined with Sen. Gillibrand to help lead this bipartisan effort to
ensure sexual assault cases are handled by career military prosecutors —
to honor our commitment to every Soldier, Sailor, Airman, and Marine —
and its why I’m proud to do so again.”
“We must speak the truth that past
efforts to protect our men and women in uniform from sexual assault have
failed, and we must change the system,” said Senator Harris. “As
a former prosecutor, I’ve seen up close how painful it can be for
survivors to come forward with an accusation—we owe them a fair and
impartial opportunity to seek justice. I’m proud to be a part of this
bipartisan effort to reform the military justice system to better
protect all service members and support survivors.”
“Our men and women who serve need the
confidence that the justice system is pursuing justice. While our
military is full of many great leaders who are working hard to change
military culture, the fact remains that in our country justice is
expected to be an impartial process administered by professionals
outside of the chain of command. The victims, and those accused,
deserve that system,” said Senator Leahy.
“Protect Our Defenders proudly supports
the Military Justice Improvement Act. Despite decades of promises from
military leadership to end the scourge of military sexual assault, the
crisis has only worsened,” said Don Christensen, President of Protect Our Defenders. “While
the rate of sexual assault continues to climb, prosecutions under the
commander controlled system have plummeted. Quite simply, the status quo
has failed. By empowering military prosecutors, MJIA will bring
accountability for those who commit these heinous crimes and justice for
survivors.”
“The lack of substantive progress in
addressing the pervasiveness of sexual assault in our nation's military
is unacceptable and a matter that requires immediate and decisive
redress. The failure to protect survivors and ebb these unspeakable
crimes reflect poorly on our military and erodes the public confidence
in the institution,” said Jeremy Butler, CEO of Iraq and Afghanistan Veterans of America (IAVA). “IAVA's
2019 membership survey revealed a shocking 61% of veterans believed the
DoD is not effectively addressing this crisis. We commend Senator
Gillibrand's long-standing commitment to this critical issue.”
“At SWAN we hear from and work with
survivors on a daily basis. Their stories are always similar. If they
decide to come forward and report they are generally not believed; they
are seen as creating a problem where none existed before and they almost
always suffer retaliation. They consistently tell us that their
commanders failed them in profound ways,” said Dr. Ellen Haring, Colonel, CEO of Service Women’s Action Network (SWAN), US Army (retired). “As
a former Commander I can tell you that I would not want to have to
decide if or when to move forward with the investigation of a sex crime
because I know that my knowledge and expertise in this area is limited
and that any JAG officer assigned to my command as an adviser would be a
generalist. Furthermore, there are simply too many possible conflicts
of interest for Commanders to be the best decision makers in sex crime
cases not to mention the fact that there are Commanders themselves who
have been perpetrators.”
Emily Martin, Vice President for Education and Workplace Justice at the National Women’s Law Center said, “Women
join the military to serve and protect their country—not to be sexually
assaulted. But it’s a cruel reality that far too many women in the
military are sexually assaulted on the job. And for the one in three who
reports their abuse, little is done to stop it and they face routine
retaliation by their commander and cohorts for speaking up. Senator
Gillibrand’s Military Justice Improvement Act of 2019 would attack the
scourge of military sexual violence by removing prosecution authority
over sexual assault from commanders. This inherent conflict of interest
that shields perpetrators from facing the consequences of their abuse
must end.”
“Inaction on MJIA leaves military
commanders trapped in an impossible position. In my Marine Corps
service, I witnessed first hand how the actions of my commander in the
aftermath of a sexual assault tore apart cohesion, trust, and discipline
within my unit. We need to place these decisions in the hands of expert
prosecutors, allowing commanders to focus on their mission, where their
expertise lies. The status quo is unsustainable, and there can be no
more excuses. The more than 125,000 members of Common Defense call upon
every Senator who supports justice for our troops and
mission-effectiveness for our military to support the bi-partisan
Military Justice Improvement Act. We see this vote as a critical, moral
test of whether our representatives stand with everyday service members
and veterans like us,” said Alexander McCoy, USMC Veteran Sergeant, Political Director of Common Defense.
“As not only a Military Sexual Assault
Survivor, but as a former Commanding Officer of Navy War Ship, it is my
belief the some crimes are so heinous, so serious, that they need to be
handled by trained professional military judges. While the military has
made some strides in combating sexual assault over the last few years,
it still remains a pervasive problem that is not consistently addressed
adequately at the command level. Sending these felonies to a
professionalized military judicial system, out side of the victims and
accused chain of command, demonstrates how seriously this crime is
taken, that perpetrators will not be allowed to get away with these
crimes, and re-emphasizes to countless victims that they will be taken
seriously and treated with respect,” said Lieutenant Commander Erin Elliott, United States Navy.
