Senator Collins Leads Bipartisan, Bicameral Effort To Reform Military Justice System To Address Sexual Assaults

Senate-House Bill Would Create Transformational Change Needed for Real Accountability In Military Justice System by Removing the Chain of Command From Decision Making Over Whether Serious Crimes Are Prosecuted, Also Reforms Article 60 so Commanders Cannot Overturn Jury Verdicts for Serious Crimes

According to DOD Estimates, More Than 26,000 Incidents of Sexual Assault or Unwanted Sexual Contact occurred in 2012; Overall Reports Increased 37%; Sexual Assault Crimes Increased 6% to 3,374 Reports; Only 238 Convictions

Washington D.C. - During a news conference today, U.S. Senators Susan Collins and Kirsten Gillibrand (D-NY), along with a bipartisan group of their colleagues in the Senate and House, announced new legislation that would reform the military justice system by removing the prosecution of all crimes punishable by one year or more in confinement from the chain of command, except crimes that are uniquely military in nature, such as disobeying orders or going Absent Without Leave. Senators Collins and Gillibrand were joined by survivors of sexual assault in the military, including Jennifer Norris of Rumford, and by representatives from organizations who assist victims of Military Sexual Trauma.

According to the FY2012 SAPRO report released last week by the Defense Department, an estimated 26,000 cases of sexual assault occurred in FY2012, a 37% increase from FY2011. Another report released by the Defense Department late last month showed that more than 1 in 5 female service members reported experiencing unwanted sexual contact while serving in the military.

The Military Justice Improvement Act would for the first time remove the decision whether to take a case to special or general court-martial completely out of the chain of command and give that discretion to experienced military prosecutors for all crimes punishable by one year or more in confinement, except crimes that are uniquely military in nature, such as disobeying orders or going AWOL.

Many of our allied modern militaries have reporting outside of the chain of command, such as Britain, Canada, Israel, Germany, Norway and Australia. For example, the British military has prosecutors making trial decisions for all crimes through the Service Prosecuting Authority (SPA) within Britain's Ministry of Defense.

The Military Justice Improvement Act would also:

•Codify Secretary Hagel's proposed changes to the UCMJ's Article 60 so that the convening authority may not (a) set aside a guilty finding or (b) change a finding of guilty to a lesser included offense. The legislation further alters Article 60 to require the convening authority to prepare a written justification for any changes made to court-martial sentences.

•Provide the offices of the military chiefs of staff with the authority and discretion to establish courts, empanel juries and choose judges to hear cases (i.e. convening authority).

•This legislation would not amend Article 15. Commanding officers would still be able to order non-judicial punishment for offenses not directed to trial by the prosecutors.

"To be sure, the vast, overwhelming majority of our military personnel are honorable, conscientious, and respectful individuals, not rapists or harassers. It is for their sake that the pattern of covering up, blaming the victim, and failing to provide even the most basic protections that has been all too common for far too long must end," said Senator Collins. "What does it say about us as a people, as the nation, as the foremost military in the world when some of our service members have more to fear from their fellow soldiers than from the enemy? This epidemic of sexual abuse cannot stand. We must ensure that justice is swift and certain to the criminals who have perpetuated these crimes."

Senator Collins spoke about a 2004 Senate Armed Services Subcommittee on Personnel hearing during which she questioned military leaders about sexual assault in the military and strongly urged that more must be done to address this crisis. She said while she believes current military leaders are committed to solving the problem, legislation is clearly needed, and this bill is a step in the right direction.

"America is home to the world's best and brightest, brave men and women who join the armed services for all the right reasons - to serve our country, defend all that we hold sacred, and make America's military the best the world has ever known," Senator Gillibrand said. "But too often, these brave men and women find themselves in the fight of their lives not off on some far-away battlefield, but right here on our own soil, within their own ranks and commanding officers, as victims of horrific acts of sexual violence. Our bipartisan bill takes this issue head on by removing decision-making from the chain of command, and giving that discretion to experienced trial counsel with prosecutorial experience where it belongs. That's how we will achieve accountability, justice and fairness."

According to the FY2012 SAPRO report released last week by the Defense Department, an estimated 26,000 cases of sexual assault or unwanted sexual contact occurred in FY2012, a 37% increase from FY2011. Meanwhile, overall rates of reporting dropped from 13.5% in 2011 to 9.8% in 2012. In 2011, victims reported 3,192 out of 19,000 incidents, compared to 2012, where victims reported just 3,374 out of 26,000 incidents. While the number of perpetrators convicted of committing a sexual assault increased from 191 in 2011 to 238 in 2012, the conviction rate dropped from 1% in 2011 to 0.9% in 2012.

Of the 3,374 total reports in 2012, 2,558 reports were unrestricted, which means they were actionable. Of those unrestricted reports, 27 percent were for rape, 35 percent were for abusive and wrongful sexual contact, and 28 percent were for aggravated sexual assault and sexual assault. The remaining cases were for aggravated sexual contact, nonconsensual sodomy, indecent assault and attempts to commit those offenses.

Also according to the FY2012 SAPRO report, across the Services, 74% of females and 60% of males perceived one or more barriers to reporting sexual assault. 62% of victims who reported a sexual assault indicated they perceived some form of professional, social, and/or administrative retaliation.

In a separate report released late last month by the Department of Defense, the Health-Related Behaviors Survey of Active Duty Military Personnel for 2011 showed that more than 1 in 5 female service members reported experiencing unwanted sexual contact while serving in the military.