Panel recommends ending commanders’ power to block military sex assault cases
WASHINGTON — A Pentagon panel is recommending that decisions to prosecute service members for sexual assault be made by independent authorities, not commanders, in what would be a major reversal of military practice and a change long sought by Congress members, The Associated Press has learned.
The recommendation by an independent review commission created by Defense Secretary Lloyd Austin goes against decades of vehement Pentagon arguments to keep cases within the chain of command. It was among a number of initial recommendations delivered to Austin on Thursday, according to two senior defense officials.
Austin expects to seek input from military service leaders before making a decision, said the officials, who spoke on condition of anonymity to discuss internal reports. But combating sexual assault in the military is a top priority for Austin, and the fact that this recommendation was made so directly and quickly suggests it will carry a lot of weight.
The proposed changes outlined in the report represent Austin’s effort to leave his mark on a problem that has long plagued the department, triggered widespread congressional condemnation and frustrated military leaders struggling to find prevention, treatment and prosecution efforts that work.
The review panel said that for certain special victims crimes, designated independent judge advocates reporting to a civilian-led office of the Chief Special Victim Prosecutor should decide two key legal questions: whether to charge someone and, ultimately, if that charge should go to a court martial, the officials said. The crimes would include sexual assault, sexual harassment and, potentially, certain hate crimes.
According to the officials, that recommendation would affect a small fraction of the wide range of military discipline cases that commanders regularly handle.
The panel also is recommending that sexual harassment claims be investigated outside the chain of command, and that if a charge is substantiated, the military should immediately begin the process of discharging that person from the force while other legal proceedings continue.
The officials said a driving part of the panel’s deliberations was the belief that many service members have lost faith in the system and that these changes would help restore that faith. Eventually, they said, it could lead to increased reporting by victims of sexual assaults. The changes would require an increase in funding and personnel, but it is not yet clear how much.
Removing legal decisions from the chain of command, however, won’t eliminate the role of a commander in addressing sexual misconduct, the officials said. Unit leaders will still be responsible to setting a proper command climate and still must play a role in preventing and addressing sexual assault, harassment and other problems with their service members.
Reports of sexual assaults have steadily gone up since 2006, according to department reports, including a 13% jump in 2018 and a 3% increase in 2019. The 2020 data is not yet available.