Rep. Speier: Congress an ‘enabler’ of military sexual assault

“Is Congress really going to stand by and let the military
handle this? Congress has been an enabler of sexual assault by not demanding
that these cases be taken out of the chain of command.”

{mosads}There has been wide bipartisan outrage over the latest Army
sexual assault incident, which came a week after the Air Force’s chief sexual
assault prevention officer was also charged with sexual assault.

Defense Secretary Chuck Hagel ordered a re-training and
re-credentialing of all service members who work on sexual assault prevention
on Tuesday after the abuse allegations surfaced against the soldier at Fort
Hood.

Sens. Jeanne Shaheen (D-N.H.) and Claire McCaskill (D-Mo.) wrote
to Hagel on Wednesday urging him to create a more rigorous review process for
those selected to work in sexual assault prevention positions.

Even before the latest abuse allegations, lawmakers have been
vowing to make changes to the military’s judicial code amid several other
scandals and a reported increase in military sexual assaults over the past two
years.

There appears to be bipartisan consensus to strip a military
commander’s ability to overturn guilty verdicts — in response to a sexual case
earlier this year where a guilty verdict was tossed — but Speier’s proposal to
remove sexual assault cases should from the chain of command remains up for
debate.

Speier introduced legislation to take the cases out of
commanders’ hands in the last Congress and has re-introduced it again this year.
Her bill would remove sexual assault cases from the chain of command and set up
an independent office to investigate and prosecute those crimes. It has 122
co-sponsors.

Hagel said last week he was opposed to the move,
although a spokesman later clarified that Hagel was open to all options in
Congress.

“It is my strong belief — and I think others on Capitol Hill
and within our institution — the ultimate authority has to remain within the
command structure,” Hagel said.

Senior members of the House and Senate Armed Services Committee
have said they are looking at proposals to change the military’s judicial code,
but have given no indication yet that they would support removing cases from
the chain of command.

In the Senate, Sen. Kirsten Gillibrand (D-N.Y.) is readying
legislation that would remove all major felony cases outside the
chain-of-command.

Her bill, which will be released Thursday, is different than
Speier’s because it does not single out sexual assault crimes, and it only
applies to cases that carry a sentence of one-year or more.