Biden Signs Executive Order To Increase Safety For Military Victims of Sexual Assault
On Friday, US President Joe Biden signed an executive order that removes the authority of victims' commanders to decide whether or not to prosecute major military offences such as sexual assault.
The directive is the formal implementation of legislation approved by Congress in 2022 to tighten protections for military members, who previously had to rely on the discretion of their superiors to investigate allegations of assault.
Members of Congress argued with defence authorities for years over the problem of the rising incidence of sexual assaults in the military. More than 8,942 cases of sexual assault against service members were reported during the 2022 fiscal year, a rise from the previous year's total of 8,866.
They believed that independent counsel would strengthen prosecutions since commanders were sometimes ready to dismiss charges or incidents in their units to shield people suspected of offenses. Top military brass, however, have long objected to this, citing concerns that the move could dilute their power. However, Defense Secretary Lloyd J. Austin III, a retired Army general, endorsed the changes in 2021. Gen. Mark A. Milley, the chairman of the Joint Chiefs of Staff, had long opposed them, but acknowledged that same year that younger enlisted troops no longer had confidence that sexual assault cases were being taken seriously by the military’s command.The fading of the military resistance provided the opportunity for bipartisan negotiations, eventually leading to the law in 2021 and, on Friday, Mr. Biden’s executive order.
This modification was one of more than two dozen proposed by a commission established in 2021 by Defence Secretary Lloyd Austin to investigate sexual assault in the armed forces. And that was a part of last year's budget for the military as well. However, official presidential action was required because of the necessity to amend the Uniform Code of Military Justice.
Senior Biden administration officials told reporters on a teleconference before the order was released that it was the most significant revision to the military's legal code since the code was established in 1950.
The Pentagon had already begun implementing the modification. The new special trial counsel offices were established by the Army, Navy, Marine Corps, and Air Force a year ago and will take over responsibility for prosecution decisions by the end of this year. This capacity to bring charges will be extended to encompass sexual harassment instances beginning January 1, 2025.
The alterations are a response to the increasing number of sexual assaults being recorded within the military.
Although the armed forces have made progress in making it simpler and safer for troops to advance, they have had much less success in reducing the number of assaults, which have climbed nearly every year since 2006.
Since many people are reluctant to disclose assaults in the military and in society at large, defence officials have long claimed that a rise in recorded assaults is a positive trend. They argue that increased reporting suggests victims are more at ease with the support they receive and that criminals are increasingly being held accountable.