Only a few days after the Senate blocked the Military Justice Improvement Act (MJIA), it unanimously approved a bill that proposes several different reforms to combat sexual assault in the military.
“This debate has been about one thing – getting the policy right to best protect and empower victims, and boost prosecutions of predators,” Sen. Claire McCaskill (D-MO) said in a statement. “I believe we’re on the cusp of achieving that goal.”
The bipartisan bill was created by Sen. McCaskill, Sen. Kelly Ayotte (R-NH), and Sen. Deb Fischer (R-NE). It will eliminate the “good soldier defense” in trials, meaning accused soldiers cannot use evidence of good military character and performance to question an accusation unless it is directly relevant to the crime. The bill will give accusers more power to choose whether their cases go through the military or the civilian system, allow victims to challenge their discharge from the military, increase the accountability of commanders, and extend the changes to service academies. In a case where a prosecutor wants to move forward with a case but a commander does not, the civilian service secretary would have the final say.
An estimated 26,000 cases of unwanted sexual contact and sexual assaults in the military occurred in 2012, according to a report by the Sexual Assault Prevention and Response program of the Department of Defense. Looking forward, Ayotte discussed the need for following through on this bill to best help survivors. “We will make sure reforms that have been passed are implemented, that commanders are held accountable for a climate within their unit of zero tolerance and that victims of sexual assault are treated with dignity and respect,” she said. The bill now moves on to the House.
Media Resources: Associated Press 3/10/14; Kelly Ayotte 3/10/14; Claire McCaskill 3/10/14; Feminist Newswire 2/10/14, 3/7/14