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Senate approves US defense budget plan with sexual assault reforms Senate approves US defence budget plan with sexual assault reforms
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The Senate approved a $630bn measure authorizing next year’s Pentagon budget that aims to crack down on military sexual assault and eases restrictions on transferring detainees from Guantánamo Bay.The Senate approved a $630bn measure authorizing next year’s Pentagon budget that aims to crack down on military sexual assault and eases restrictions on transferring detainees from Guantánamo Bay.
The bill, approved on an 84-15 vote late Thursday, provides about $80bn for the Afghanistan war, but stopped short of a sweeping measure that would have removed commanders from the military justice system on sexual assault cases.The bill, approved on an 84-15 vote late Thursday, provides about $80bn for the Afghanistan war, but stopped short of a sweeping measure that would have removed commanders from the military justice system on sexual assault cases.
But the new overhaul mandated in the Senate bill, and unopposed by the Pentagon, would make it harder for commanders to override or unduly influence the military justice system.But the new overhaul mandated in the Senate bill, and unopposed by the Pentagon, would make it harder for commanders to override or unduly influence the military justice system.
Under the bill, commanders can no longer overturn sexual assault convictions, as happened in March when the Third Air Force commander unilaterally threw out a conviction for a favored lieutenant colonel found guilty of groping a sleeping woman. That case prompted the now-defeated call to remove sexual assault cases from the uniform code of military justice altogether.Under the bill, commanders can no longer overturn sexual assault convictions, as happened in March when the Third Air Force commander unilaterally threw out a conviction for a favored lieutenant colonel found guilty of groping a sleeping woman. That case prompted the now-defeated call to remove sexual assault cases from the uniform code of military justice altogether.
But the new measures that passed, sponsored by Missouri Democrat Claire McCaskill, would give sexual-assault survivors new and independent legal counsel; force a dishonorable discharge for sexual-assault convicts; institute a civilian review for cases that a military prosecutor opts not to bring; and adds criminal measures for retaliating against service members who report their assault.But the new measures that passed, sponsored by Missouri Democrat Claire McCaskill, would give sexual-assault survivors new and independent legal counsel; force a dishonorable discharge for sexual-assault convicts; institute a civilian review for cases that a military prosecutor opts not to bring; and adds criminal measures for retaliating against service members who report their assault.
An estimated 26,000 servicemembers experienced rape or other sexual assault in 2012, according to Pentagon statistics released in May, a significant rise from the previous report in 2010, yet only 3,374 cases were reported to authorities. A Pentagon study last year found widespread fear, particularly amongst mid-career officers, that reporting sexual assault would lead to reprisal.An estimated 26,000 servicemembers experienced rape or other sexual assault in 2012, according to Pentagon statistics released in May, a significant rise from the previous report in 2010, yet only 3,374 cases were reported to authorities. A Pentagon study last year found widespread fear, particularly amongst mid-career officers, that reporting sexual assault would lead to reprisal.
After a long history of institutional denial, Pentagon officials in recent years have acknowledged that sexual assault is a full-blown crisis. A series of high-profile commanders, including the deputy commander of the army’s storied 82nd Airborne and the air force sexual-assault prevention chief himself, faced criminal charges for sexual abuse. Defense Secretary Chuck Hagel now holds a weekly meeting at the Pentagon to receive updates about turning the tide of sexual assault in the ranks.After a long history of institutional denial, Pentagon officials in recent years have acknowledged that sexual assault is a full-blown crisis. A series of high-profile commanders, including the deputy commander of the army’s storied 82nd Airborne and the air force sexual-assault prevention chief himself, faced criminal charges for sexual abuse. Defense Secretary Chuck Hagel now holds a weekly meeting at the Pentagon to receive updates about turning the tide of sexual assault in the ranks.
“Today represents a huge win for victims of sexual assault, and for justice in America’s armed forces, but this is no finish line,” McCaskill said.“Today represents a huge win for victims of sexual assault, and for justice in America’s armed forces, but this is no finish line,” McCaskill said.
McCaskill’s efforts succeeded while those of Kirsten Gillibrand, a New York Democrat, did not. Gillibrand, sparked by the reinstatement of convicted sexual assault offender Lieutenant Colonel James Wilkerson by Lieutenant General Craig Franklin, fought to take sexual assault cases out of the hands of the chain of command.McCaskill’s efforts succeeded while those of Kirsten Gillibrand, a New York Democrat, did not. Gillibrand, sparked by the reinstatement of convicted sexual assault offender Lieutenant Colonel James Wilkerson by Lieutenant General Craig Franklin, fought to take sexual assault cases out of the hands of the chain of command.
That is a much harder sell. The chain of command is the cornerstone of military discipline, and commanders at all levels are extremely reluctant to make exceptions to it. Hagel said in May exceptions would “weaken the system” – although the avalanche of high-profile sexual assault cases pressured Hagel and the Pentagon’s senior officers to concede it ought to be examined.That is a much harder sell. The chain of command is the cornerstone of military discipline, and commanders at all levels are extremely reluctant to make exceptions to it. Hagel said in May exceptions would “weaken the system” – although the avalanche of high-profile sexual assault cases pressured Hagel and the Pentagon’s senior officers to concede it ought to be examined.
Additionally, the Senate took a tentative step toward closing the detention facility at Guantánamo Bay.Additionally, the Senate took a tentative step toward closing the detention facility at Guantánamo Bay.
The defense authorization bill, known colloquially as the NDAA, has for the past four years contained provisions barring the Obama administration from using any funds to transfer detainees, absent a personal affirmation by the defense secretary that released detainees will not commit future acts of terrorism. Those provisions have effectively blocked President Obama from fulfilling his pledge to close the notorious facility.The defense authorization bill, known colloquially as the NDAA, has for the past four years contained provisions barring the Obama administration from using any funds to transfer detainees, absent a personal affirmation by the defense secretary that released detainees will not commit future acts of terrorism. Those provisions have effectively blocked President Obama from fulfilling his pledge to close the notorious facility.
But after Obama recommitted this year to shuttering Guantánamo, his allies in the Senate prevailed in issuing a measure permitting the Pentagon to transfer detainees to other countries – including Yemen, home to more than half of the residual 158 detainee population, including many whom the Pentagon does not consider to be a security risk.But after Obama recommitted this year to shuttering Guantánamo, his allies in the Senate prevailed in issuing a measure permitting the Pentagon to transfer detainees to other countries – including Yemen, home to more than half of the residual 158 detainee population, including many whom the Pentagon does not consider to be a security risk.
Significantly, the defense bill does not permit the transfer of any detainee to the United States, where Obama once wanted to bring criminal charges against some detainees and house the rest.Significantly, the defense bill does not permit the transfer of any detainee to the United States, where Obama once wanted to bring criminal charges against some detainees and house the rest.
Curt Goering, the executive director of the Center for Victims of Torture, praised the move as a good “first step”.Curt Goering, the executive director of the Center for Victims of Torture, praised the move as a good “first step”.
“We now urge the administration to use this added flexibility to step up its efforts to repatriate or resettle in accordance with international law the 79 men who have long been cleared for transfer. By doing so, the president will be closer to fulfilling his promise to finally close Guantánamo,” Goering said in a Friday statement.“We now urge the administration to use this added flexibility to step up its efforts to repatriate or resettle in accordance with international law the 79 men who have long been cleared for transfer. By doing so, the president will be closer to fulfilling his promise to finally close Guantánamo,” Goering said in a Friday statement.
The House passed its companion defense bill before adjourning on 13 December.The House passed its companion defense bill before adjourning on 13 December.
“The Senate vote is a strong bipartisan statement that, despite our differences, we can come together and accomplish important business for the good of the country,” said Senator Carl Levin, the Michigan Democrat who chairs the Armed Services Committee, after the vote.“The Senate vote is a strong bipartisan statement that, despite our differences, we can come together and accomplish important business for the good of the country,” said Senator Carl Levin, the Michigan Democrat who chairs the Armed Services Committee, after the vote.
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