U.S. military leaders wary of changing handling of sex crimes
WASHINGTON — Military service leaders are privately expressing reservations about removing sexual assault cases from the chain of command, the Associated Press has learned, striking a note of caution as momentum builds toward changing a military justice system under increasing criticism.
In memos to Defense Secretary Lloyd Austin, the service leaders laid out their concerns about the growing push to shift prosecution decisions on sexual assault and possibly other major crimes to independent judge advocates. They said the shift could decrease the number of prosecutions, delay cases and potentially provide less help for victims.
While they indicated they are open to changes and improvements in the justice system, most were worried about how that would be done while ensuring no unintended harm is done to unit leadership or readiness. Several said it would create additional burdensome bureaucracy, according to officials familiar with the memos.
Several officials described the memos to the AP on the condition of anonymity because they have not been made public. The memos submitted to Austin were from the civilian secretaries of the Army, Navy and Air Force and from the National Guard.
The reservations expressed by service leaders could provide a measure of ammunition for those in Congress who oppose taking the chain of command out of sexual assault prosecutions. Supporters of change, however, argue that the current system has failed to address to a problem that has long plagued the military.
Officials said all service leaders recognize change is virtually certain and agree more needs to be done to improve and professionalize the judge advocate corps. But they are concerned about how quickly changes are being made and whether there is room for negotiation about how they are implemented.
Earlier this year, an independent review commission created by Austin recommended that the prosecution of sexual assaults be shifted to judge advocates reporting to a civilian-led Office of the Chief Special Victim Prosecutor. The independent judge advocates would decide two key legal questions: whether to charge someone and whether that charge should go to a court martial.
Members of Congress are also pushing for a similar — and in some respects more expansive — change. Because any such change would amend military law, it will require an act of Congress and cannot be done unilaterally by Austin.
A longtime advocate for changing the policy is Sen. Kirsten Gillibrand, a New York Democrat, who now has bipartisan, filibuster-proof support for a bill that would take prosecution decisions out of the chain of command for major crimes, including sexual assault, rape and murder. The legislation has been stalled in a procedural struggle in the Senate that supporters see as an effort to delay and water down the bill.