Put another way, it will get tougher for defendants; maybe, some fear, unlawfully so. What we are seeing now is the complete politicization of military justice in a way that would have shocked the members of Congress who passed the Uniform Code of Military Justice, Marine Corps Reserves Maj. Babu Kaza, a prominent military attorney, said in an interview. Largely unseen by the public, dozens of Marine Corps sexual assault cases already have been roiled by defense claims of unlawful command influence due to tough talk by military leaders. The claims, some directly reviewed by McClatchy and some described by lawyers, target the unique vulnerability of military courts to a superior officers will.
A McClatchy review further shows that out of the public eye, military judges are questioning an Air Force program that provides alleged victims with special legal assistance. Even the scope of the military sexual assault problem is an issue, as its subject to both underreporting and overstatement. If commanders, military judges, military lawyers and members of a military jury must now accept that politically unpopular military-justice decisions will draw the condemnation of our civilian leadership, and possibly have a negative impact on their careers, then the entire system is fraudulent, Kaza said
After a series of high-profile episodes that culminated with the release of a Defense Department study that said 3,374 military sexual assaults were reported in fiscal 2012, the talk is escalating. In recent days, Defense Secretary Chuck Hagel called for actions that would change the perception that there is tolerance of sexual assault in the military. Military leaders, Hagel added, will be held accountable for preventing and responding to sexual assault. Hagel echoed President Barack Obama, the commander in chief, who mandated Tuesday that people engaging in this stuff, theyve got to be held accountable: prosecuted, stripped of their positions, court-martialed, fired, dishonorably discharged. Period.
Key lawmakers have been equally adamant. Sen. Claire McCaskill, D-Mo., a member of the Senate Armed Services Committee, said the military justice system needs to change to hold sexual predators accountable. McCaskill further said that the arrest Sunday on sexual battery charges of the Air Force officer whos in charge of sexual assault prevention was one of those times you can send a message through the appointment of a replacement. Sen. Patty Murray, D-Wash., a member of the Senate defense appropriations panel, added that the culture must change.
MORE