The Senate Armed Services Committee today approved a sweeping annual defense bill that includes legislation by U.S. Senators Claire McCaskill, Kelly Ayotte, and Deb Fischer to further bolster last year's historic overhaul of how the military handles rapes and sexual assaults.
The bipartisan Victims Protection Act would eliminate the "good soldier" defense for servicemembers accused of sexual assault under most circumstances, and allow victims formal input on whether their case is tried in military or civilian court. Other provisions include: allowing sexual assault survivors to challenge their discharge or separation from service, strengthening the role of the prosecutor in advising commanders on going to court-martial, boosting accountability of commanders for addressing sexual assault & setting appropriate command climate, and extending protections to the Military Service Academies.
The Senators' legislation received unanimous Senate approval in March, and is still awaiting a vote in the U.S. House.
"Today's vote is another important step to strengthen even further what is now one of the most victim-friendly justice systems in the world-the U.S. military justice system," said McCaskill, Ayotte, and Fischer in a joint statement. "Already under our reformed system, every victim gets their own lawyer, commanders are held more accountable, and more perpetrators will see the inside of a brig. But we're not letting up on this fight -we will continue aggressive oversight as these reforms are implemented, and will work to get our additional provisions across the finish line to ensure that victims are fully protected and empowered."
The defense bill approved today also includes an amendment by McCaskill that would require the Department of Defense to maintain a database that will capture the names of alleged sexual assault offenders who are named in restricted reports (reports filed by victims who are seeking services following an alleged assault, but who want to maintain confidentiality and avoid an official investigation of the incident). This would enable criminal investigators to know if suspects under investigation for a sexual assault have been named in earlier restricted reports, which could point to a repeat offender. McCaskill successfully added language in last year's defense bill requiring an independent panel of experts to recommend whether the Department should adopt the database. Earlier this month, the Response System Panel's Comparative Systems Subcommittee recommended to the full committee that the Department utilize this type of database.
McCaskill, Ayotte, and Fischer helped shape last year's annual defense bill to include a host of historic reforms to curb sexual assaults in the military. Among those reforms:
Commanders have been stripped of the ability to overturn convictions, and will be held accountable under rigorous new standards.
Every victim who reports a sexual assault will get their own independent lawyer to protect their rights and fight for their interests - a reform that has no parallel in the civilian justice system.
Civilian review is now required if a commander decides against a prosecution in a sexual assault case when a prosecutor wants to go to trial.
Dishonorable discharge is now a required minimum sentence for anyone convicted of a sexual assault.
It is now a crime for any servicemember to retaliate against a victim who reports a sexual assault.
The pre-trial "Article 32" process, which came under scrutiny following a recent case at the Naval Academy, has been reformed to better protect victims.
And the statute of limitations in these cases has now been eliminated, a particularly important development in a sustained battle against sexual assaults.