Military Rape and Sexual Assault Under Article 120 UCMJ
What is Military Sexual Assault?
In a hearing last year following the US Department of Defense’s annual report on sexual assault and harassment in academia, which found assaults to be up 47 percent from the previous year, Sen. Martha McSally of Arizona revealed that she was raped by a senior officer while serving in the Air Force. At a November 2011 press conference on anti-sexual violence legislation in the military, spokeswoman Jackie Speier said that of the 13% of victims of sexual violence in the military who reported crimes against them, 90% were unintentionally fired. The National Defense Act of 2004 required investigations and reporting of sexual harassment and assault at US military academies.
In 2004, the US Department of Defense Task Force report on Assistance to Victims of Sexual Violence, 2004) was published. These recommendations included the establishment of a central point of accountability and a unified response system. In addition, the legal obligation to participate in the military justice system was an important deterrent for military personnel from reporting crimes of sexual violence. This is because the military also has rules that informal complaints of harassment must be resolved at the “lowest appropriate level.”
The military should replace the “minimum appropriate level” requirement for sexual harassment with a requirement that leaders take all such reports seriously and respond appropriately. But, first, the Pentagon must change the ordinance defining how military leaders should respond to reports of sexual harassment. In short, the military must conform to the culture and code they already have. As long as this policy persists, any other reforms, including changes in the military justice system, will be meaningless.
Military Rape and Sexual Assaults
But critics say that’s not enough because commanders will retain their role in the trial, potentially diminishing the influence of independent prosecutors. The bill “would mean that trained military prosecutors, not commanders, will decide whether or not a sexual assault case should be tried, according to the group of at least 16 US and House of Representatives who are behind the legislation. In addition, to the prosecutor in each branch, the same group indicated that it did not appoint properly trained prosecutors in the Inspector General’s report. The Department of Defense and Services currently have a zero-tolerance policy on sexual harassment and sexual harassment. It is a crime under the Uniform Code of Military Justice.
However, unlike the civilian penal system, the military punishes various social and sexual relationships, albeit by consensus, which often does not have an equivalent civil offense. Additionally, there is not much focus on male-to-male harassment and assault during exercise, mainly because it often occurs in the context of hazing, which the culture considers distinct from other assaults. While the vast majority of reports of sexual harassment filed each year involve male and female victims, the Pentagon estimates that while 43% of women report their assaults, only 17% are men. According to the Department of Defense, 6,290 people reported sexual assault in the military in 2020, but supporters of the victims say there are fewer of the actual cases.
The Department of Defense also notes that sexual violence remains “a crime not reported among the civilian population or the military.” Hence, the number of armed forces members experiencing sexual violence is likely to be higher than reported. However, Pentagon officials attribute the annual increase in military numbers to increased awareness among the military personnel of the importance of reporting attacks. Prosecutions – an indicator of how the military is tackling a problem – remained largely unchanged in 2019. Of the 3,716 investigations investigated last year, 63 percent – or 2,339 cases – were recommended for action by the commander.
Article 120 UCMJ
During the investigation, CBS News interviewed nearly two dozen sexual assault survivors, informants who worked in the military’s sexual assault prevention and response plans, and the families of suicide victims who claimed that the military had abused sexual assault relationships. Sexual harassment and assault in the military have been at the center of discussion for many years, as the military tries to solve this problem and make it easier and safer for victims to report cases. According to the Ministry of National Defense’s annual report on sexual harassment in the armed forces, an investigation by the Ministry of National Defense found that 20,500 military personnel were sexually assaulted or raped in the fiscal year 2018, including 13,000 women and 7,500 men. In addition, according to this survey, the Department of Defense estimated that 26,000 military personnel experienced some form of unwanted sexual contact in 2012, from groping to rape.
And as much as the military wants to claim their programs are working, there are still reports of active duty victims who fear for their careers, retribution, and personal well-being if they report sexual harassment or assault. A soldier can repeat what they have learned about sexual assault prevention with the necessary training, but research released by the Department of Defense on Thursday shows that the military still has a long way to go when it comes to stopping more than just attacks. But a vicious and harassing command culture paved the way for sexual assault. The study was part of the Pentagon’s annual report approved by Congress. SAPRO is also responsible for publishing the Task Force’s report on Sexual Abuse in the Armed Forces, the most recent of which was published in 2009.
The military task force is currently working to change the sexual harassment/assault prevention and response program, said Brady, deputy chief of public affairs for the army. The military says the program has provided valuable lessons. However, it has not been extended to the entire army due to “changing priorities and limited resources at this time,” according to Colonel Erica Cameron, head of SHARP’s reorganization task force. On December 21, 2012, the Department of Defense released the Key Findings of the 2011-2012 Academic Year (APY) Report on Sexual Harassment and Violence in US Military Academies. Nearly a decade after Congress authorized the use of investigators and prosecutors specially trained to handle sexual harassment and domestic violence cases, a new Pentagon report shows that the military is not complying with federal law requiring survivors to be supported.
Failure to prosecute sexual harassment cases is the norm rather than the exception for the US military, said retired Colonel Don Christensen, former Air Force attorney general and current president of Protect Our Defenders. The Center for Military Law has successfully defended such cases, trained and supervised a current military defense advisor on how to defend such cases, and has experience handling rape and sex crimes allegations and investigations and then advising commanding officers and generals. On how to proceed in such cases. Suppose you face serious criminal charges, such as rape in the military or any other sex crime. In that case, you must rely on an experienced civilian military lawyer with experience defending such cases during your investigation.
Resources on Military Rape and Sexual Assault Under Article 120 UCMJ:
cfr.org/podcasts/sexual-assault-in-the-us-military
abcnews.go.com/US/military-sexual-assault-victims-system-broken/story?id=72499053
ctinsider.com/news/article/Military-sexual-assault-survivors-speak-out-as-16688545.php
cbsnews.com/news/pentagon-federal-law-sex-assault-cases-watchdog-report/
en.wikipedia.org/wiki/Sexual_assault_in_the_United_States_military
cnn.com/2021/09/16/opinions/military-sexual-assault-prevention-fixes-merryman/index.html
vawnet.org/sc/sexual-violence-military-0
ucmjdefense.com/sexual-assault-article-120-ucmj.html
militarylawcenter.com/military-law-areas-of-practice/military-rape-charges/
hillandponton.com/facts-on-military-sexual-trauma-and-statistics/