Tsongas, Turner Provisions Mark Historic Changes to Combat Military Sexual Assault

Press Release

December 12, 2013 -- Today, the House of Representatives passed the National Defense Authorization Act (NDAA), which authorizes funding and sets policy for the Department of Defense.

The FY2014 NDAA contains numerous provisions authored by Representative Niki Tsongas (D-MA) and Representative Mike Turner (R-OH) that combat sexual assault in the military. The series of provisions reform a portion of the Uniform Code of Military Justice and dramatically increase and extend the services and protections provided to sexual assault survivors. The provisions originated in the BE SAFE Act and Coast Guard STRONG Act, legislation written by Rep. Tsongas and Rep. Turner.

"Our changes offer considerable momentum toward changing the deep-rooted and flawed culture that has allowed these crimes to pervade our armed forces for far too long," said Representative Tsongas. "The NDAA takes significant steps towards combating military sexual assault, making historic changes to commander authority by removing the ability to overturn a jury verdict. It mandates a dishonorable discharge for those convicted of sexual assault and ensures that every victim of military sexual assault gets an attorney. This NDAA is necessary to support survivors and ensure the Pentagon continues important sexual assault prevention measures, such as the successful Special Victims Counsel program. I want to thank Chairman McKeon and Ranking Member Smith for their commitment to getting an NDAA done; and Rep. Turner for his partnership and dedication on behalf of our servicemembers. Our work is not done. This is a multifaceted challenge and we will continue to pursue meaningful and substantial reform aimed at eradicating sexual assault in the military."

"This year's NDAA reflects a substantial bipartisan effort to address the pervasive issue of sexual assault within our military. The legislative initiatives in this bill are unprecedented and represent the most powerful steps made to date toward the eradication of sexual assault in the military," said Representative Turner. "I was very happy to work with Rep. Tsongas, as we drafted language that would provide military leaders the necessary tools to ensure that our victims receive proper care, perpetrators are brought to justice and commanders are held accountable for what goes on within their units. This bill enhances the rights of victims, strengthens military whistleblowers protection laws, increases training and improves the way in which the services respond to a report of sexual assault."

Rep. Tsongas and Rep. Turner are co-chairs of the Military Sexual Assault Prevention Caucus and previously co-authored the STRONG Act and were successful in getting many of its provisions passed through the 2011 and 2012 NDAAs. Rep. Turner is the Chairman of the Tactical Air and Land Forces Subcommittee. Rep. Tsongas is the Ranking Member on the Oversight and Investigations subcommittee.

Details of sexual assault provisions included in the FY2014 NDAA, authored by Rep. Tsongas and Rep. Turner:

Removes a commander's ability to change or dismiss a conviction by a jury, except in the case of minor offenses, and limits the commander's ability to change a sentencing decision.

Reforms the Article 32 process (the military's grand jury trial process) to limit its scope and prevent victims from being traumatized by irrelevant questions

Ensures that those who are convicted of sexual assault will absolutely be discharged or dismissed.

Previous efforts by Congresswoman Tsongas and Congressman Turner put in place a mechanism to allow victims of sexual assault to request a transfer away from the location of their attacker and have that request considered on an expedited basis. The BE SAFE Act now calls upon commanders to consider transferring the perpetrator if the victim prefers to remain with his / her unit.

The bill also eliminates the five-year statute of limitations on trial by Court-Martial for sexual assault and sexual assault of a child, and expands the legal assistance services available to military sexual assault victims.

Ensures that a victim's voice will be heard in clemency proceedings after the accused has been convicted.

Allows survivors of sexual assault and other victims to have an attorney or victim advocate present when they're interviewed by defense counsel.

Ensures that victims of sexual assault in the U.S. Coast Guard are granted the right to request a transfer away from the geographic location of their alleged assailant and have that transfer considered on an expedited basis.

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