Civilian oversight of military sex cases proposed

WASHINGTON — A Pentagon panel is recommending that decisions on whether to prosecute service members accused of 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 members of Congress.

The recommendation by an independent review commission created by Defense Secretary Lloyd Austin goes against years of Pentagon arguments to keep cases within the chain of command.

The proposed change was among several initial recommendations delivered to Austin this week, two senior defense officials said.

Austin expects to seek input from military service leaders before making changes, the officials said. But combating sexual assault in the military is a top priority for Austin, and this recommendation being made so directly and quickly suggests it will carry a lot of weight.

The proposed changes outlined in a report represent Austin’s effort to leave his mark on a problem that long has plagued the Defense Department, triggered widespread congressional condemnation and frustrated military leaders struggling to find prevention, treatment and prosecution efforts that work.

Reports of sexual assaults have risen steadily since 2006, including a 13 percent jump in 2018 and a 3 percent increase in 2019, the most recent year for which numbers are available.

The Military Code of Justice has seen several changes over the past decade to add more civilian oversight to the military’s prosecution of sexual assault cases and to beef up assistance for victims. But lawmakers such as Sen. Kirsten Gillibrand, D-N.Y., long have demanded that the military go further and strip commanding officers of the authority to decide whether serious crimes go to trial.

Gillibrand and others argue that commanders often are reluctant to pursue charges against their troops and overrule recommendations for courts-martial or reduce the charges. And they say that victims consistently say they are reluctant to file complaints because they don’t believe they’ll get support from their chain of command because their attacker often is a senior military member.

Military leaders have persistently fought such a change, saying it would erode the chain of command.

“I am tired of the statement I get over and over from the chain of command: ‘We got this, madam, we got this.’ You don’t have it!” Gillibrand shouted during a Senate Armed Services Committee hearing in May 2019. “You’re failing us.”