Military law may see big changes

After decades of failing to curb sexual assault in the armed forces, lawmakers and Pentagon leaders are poised to make major changes in military laws that many experts have long argued stand in the way of justice.

A bill championed by Sen. Kirsten Gillibrand, D-N.Y., would remove military commanders from a role in prosecuting service members for sexual assault and has gained support from scores of key members of Congress. Among them is Sen. Joni Ernst, R-Iowa, a retired National Guard lieutenant colonel, who said her own experience with assault and her daughter’s stories from West Point helped shift her views on the issue.

“I have been torn,” Ernst said. “On the one hand, I was a commander in the National Guard and know how important that role is. But also, as a sexual assault survivor, I know we have to do more. I never really wanted to take this out of chain of command, but we are not seeing a difference.”

Ernst’s nod on a new bipartisan measure is likely to attract several other key lawmakers, whose combined support could usher in the biggest change to military rules since the repeal of the ban on service by gays and lesbians in 2010. Other senators — many of whom voted against the measure in the past — said that they had waited long enough for the military to solve the problem and agreed that Congress should step in.

“Adding Joni Ernst to this bill is the defining moment for passing it,” Gillibrand said. “She is the only female combat vet among the Republicans.”

Adding to the momentum, a panel appointed by Defense Secretary Lloyd Austin has made a similar recommendation, saying that independent judge advocates should take over the role that commanders play. These independent military lawyers would report to a special victims prosecutor.

The change to military law would require an act of Congress.