Senator Kirsten Gillibrand’s (D-NY) Military Justice Improvement Act (MJIA), which removes prosecution of sexually violent crimes in the military from the chain-of-command, is expected to come to a vote in the Senate this week.
The MJIA, which was previously part of the 2014 National Defense Authorization Act (NDAA) but will now be voted on as a stand-alone measure as S. 1752 , would move “the decision whether to prosecute any crime punishable by one year or more in confinement to independent, trained, professional military prosecutors, with the exception of crimes that are uniquely military in nature.”
Military sexual assault has reached epidemic proportions. An estimated 26,000 cases of unwanted sexual contact and sexual assaults occurred in 2012, according to a report by the Sexual Assault Prevention and Response program of the Department of Defense. 25 percent of women and 27 percent of men who experienced unwanted sexual contact said the offender was in their military chain of command, and 50 percent of female victims said they did not report the crime because they thought that nothing would come of their report.
“The men and women of our military deserve better,” Gillibrand told The Washington Post. “They deserve to have unbiased, trained military prosecutors reviewing their cases, and making decisions based solely on the merits of the evidence in a transparent way.” Gillibrand says she now has 53 Senators who have agreed to vote in the bill’s favor. She will need to have 60 to ensure it is not defeated by a filibuster.
The Obama administration has been taking other steps to prevent and reduce sexual assault in the military as well. Under the 2014 NDAA, an individual in the military who sexually assaults another will face dishonorable discharge, and commanders will not be able to overturn jury decisions. Legal assistance will be provided for victims, and retaliation against a victim will be punished. Obama also called for a year-long review of military sexual trauma and the steps being taken to reduce it in December.
TAKE ACTION: Help us take on military sexual assault in the military. Email your senators to tell them that we must change the current system of handling sexual assault cases.
Media Resources: The Washington Post 2/9/14; Politico 2/6/14; Gillibrand.senate.gov; Feminist Newswire 11/22/13, 12/23/13, 1/2/14;