Victims Protection Act

Floor Speech

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Mr. McCAIN. Madam President, had I been here yesterday, I would have voted for S. 1917, the Victims Protection Act of 2014. This important bill would increase protections for victims of sexual assault in the Armed Forces, while retaining commanders' authority to convene courts martial.

Every allegation, every anecdote, and every instance of sexual assault in our military is unacceptable. An important debate has been taking place in Congress and among our Armed Forces, and I am grateful that we aren't sitting idly by while this problem claims more victims and threatens the integrity and effectiveness of our Nation's military.

We have heard from the victims, and we have recognized that change was needed to protect victims and hold perpetrators accountable. With that knowledge, Congress included over 30 reforms in last year's national defense authorization Act, NDAA, including removing the ability of commanders to overturn jury convictions; requiring review of decisions not to refer charges; criminalizing retaliation against victims; and providing special victims' counsel to victims of sexual assault to support and assist them through all proceedings.

The Armed Forces have also instituted major reforms and worked hard to improve the reporting climate for victims. As a result, the Marine Corps, for example, has seen a large increase in sexual assault reporting since initiating a sexual assault prevention and response campaign last year.

I supported the NDAA reforms as well as the measure the Senate passed yesterday. We should give these reforms the opportunity to work before enacting any change that would take the matter out of the chain of command. Some very strong voices agree.

First, according to a congressionally mandated independent panel that examined the role of the commander reported definitively that it would be a mistake to remove the chain of command's authority to convene courts martial. That panel, called the Response Systems to Adult Sexual Assault Crimes Panel, also found that removing courts-martial authority would not reduce the incidence of sexual assault, increase reporting of sexual assaults, improve the quality of prosecutions, increase the conviction rate, increase confidence among victims about the fairness of the military justice system, or reduce concerns about potential retaliation.

The independent panel also examined our allies' military justice systems in Israel, the UK, Australia, and Canada for comparison and concluded that none of the improvements they witnessed in the reporting of sexual assault in their militaries were connected to the role of the commander. The panel also found that there was no evidence that removing the commander from the decisionmaking process increased reporting of incidences of sexual assault.

Second, Vice Admiral DeRenzi, Judge Advocate General in the U.S. Navy, has spoken eloquently about the issue and underscored the essential role of the commander in solving the problem in testimony before SASC and before the Response Systems Panel. I encourage everyone to read her full testimony before these panels. In addition to urging Congress to retain commanders' authority, it details major reforms implemented in the Navy in the past 3 years and demonstrates the Navy's commitment to eradicating sexual assault from their ranks. I would like to highlight some of her statements for the record.

In her testimony, Admiral DeRenzi said:

``Beyond the immeasurable toll on individual victims, sexual assault is an existential threat to our core values and directly impacts operational readiness and unit cohesion. This is rightfully recognized as a leadership issue, not merely a legal issue. Exemplifying this commitment, the Navy implemented a multi-faceted, commander driven approach to address awareness and training, prevention, victim response, and accountability.''

``Permanent, effective change must be implemented through our commanders.''

``Additionally, any legislation must retain the commander's authority over his or her Sailors. Commanders are responsible and accountable for the safety, health and welfare of their people; commanders must have authority commensurate with this responsibility, and that includes the authority to maintain good order and discipline.''

My commitment to taking decisive action when necessary to ensure the security and success of our men and women in uniform had me support the reforms in the most recent NDAA and support Senator McCaskill's bill. Taken together, these reforms meaningfully will change how our Armed Forces address the scourge of military sexual assaults, but they do so in a way that recognizes the unique purpose of the Uniform Code of Military Justice and ensures that our commanders have the tools they need to facilitate that much needed, long-overdue change.

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