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House panel seeks to curb military sexual assaults

Published: Friday, Sept. 4 2015 1:45 p.m. MDT

Sen. Claire McCaskill, D-Mo., questions top officials of the Air Force, Secretary of the Air Force Michael B. Donley, and Air Force Chief of Staff Gen. Mark A. Welsh III, about how they are dealing with the controversy over sexual assaults and how the military justice system handles it, during a Senate Armed Services Committee hearing on Capitol Hill in Washington, Tuesday, May 7, 2013.  (J. Scott Applewhite, Associated Press) Sen. Claire McCaskill, D-Mo., questions top officials of the Air Force, Secretary of the Air Force Michael B. Donley, and Air Force Chief of Staff Gen. Mark A. Welsh III, about how they are dealing with the controversy over sexual assaults and how the military justice system handles it, during a Senate Armed Services Committee hearing on Capitol Hill in Washington, Tuesday, May 7, 2013. (J. Scott Applewhite, Associated Press)

WASHINGTON — Determined to check the growing epidemic of sexual assaults in the armed forces, a House panel is poised to approve a series of revisions to longstanding military law. They include stripping commanding officers of their unilateral authority to change or dismiss a court-martial conviction and requiring that service members found guilty of sexual offenses be dismissed or dishonorably discharged.

The House Armed Services military personnel subcommittee is scheduled to vote Wednesday on the changes, which are supported by Republicans and Democrats and reflect congressional outrage over the poor results that military leaders have achieved in their drive to change the culture within the ranks to combat sexual assault.

A Pentagon report released earlier this month estimated that up to 26,000 military members may have been sexually assaulted last year and that thousands of victims are still unwilling to come forward despite new oversight and assistance programs aimed at curbing the crimes.

The report showed that the number of sexual assaults actually reported by members of the military rose 6 percent to 3,374 in 2012. But a survey of personnel who were not required to reveal their identities showed the number of service members actually assaulted could be as high as 26,000, but they never reported the incidents. That figure is an increase over the 19,000 estimated assaults in 2011.

In a Saturday April 7, 2012 photo a volunteer hands out Navy Sexual Assault Prevention and Response ribbons to help spread awareness of sexual assault at the Pearl Harbor Commissary in Hawaii. Department of Defense service members and civilian volunteers bagged groceries while handing out information on sexual assault prevention and response policies and programs. The In a Saturday April 7, 2012 photo a volunteer hands out Navy Sexual Assault Prevention and Response ribbons to help spread awareness of sexual assault at the Pearl Harbor Commissary in Hawaii. Department of Defense service members and civilian volunteers bagged groceries while handing out information on sexual assault prevention and response policies and programs. The "Bag Sexual Assault” event had the theme "Hurts one. Affects all. Preventing sexual assault is everyone's duty." (Released, AP Photo/U.S. Navy photo, Mass Communication Specialist 2nd Class Mark Logico)

Once approved by the military personnel panel, the measures will be folded into the Armed Services Committee's broader defense policy bill for the 2014 fiscal year, which the full House will consider in the coming weeks. Separately, the Senate Armed Services Committee is taking up a series of sexual assault prevention measures next month. A final plan will eventually be produced after any differences between the House and Senate are resolved.

Congress has repeatedly challenged the military to take more aggressive steps to curb sexual assault, but the Pentagon's latest estimates on the occurrence of sexual assaults have helped convince lawmakers that swift legislative action is needed to tackle the problem. President Barack Obama has energized their efforts by declaring he wants to eliminate the "scourge" of sexual assault in the military.

"I think the leadership of the military is confused," said Rep. Michael Turner, R-Ohio, who along with Rep. Niki Tsongas, D-Mass., wrote several of the provisions before the subcommittee. "They believe as long as they have programs where they say sexual assault is wrong that they've done enough. No. They have to support the victim, and they have to support vigorous prosecution."

The Senate Armed Services Committee hears from top officials of the Air Force, Air Force Chief of Staff Gen. Mark A. Welsh III, right, and Secretary of the Air Force Michael B. Donley, left, during a hearing on Capitol Hill in Washington, Tuesday, May 7, 2013. Besides funding for next year's Pentagon budget, the Air Force is dealing with controversy over sexual assaults and how the military justice system handles it.  (J. Scott Applewhite, Associated Press) The Senate Armed Services Committee hears from top officials of the Air Force, Air Force Chief of Staff Gen. Mark A. Welsh III, right, and Secretary of the Air Force Michael B. Donley, left, during a hearing on Capitol Hill in Washington, Tuesday, May 7, 2013. Besides funding for next year's Pentagon budget, the Air Force is dealing with controversy over sexual assaults and how the military justice system handles it. (J. Scott Applewhite, Associated Press)

Turner and Tsongas are co-chairs of the Military Sexual Assault Prevention Caucus.

The push to eliminate a commander's ability to reverse criminal convictions of service members is rooted in a case that stoked widespread outrage on Capitol Hill. Lt. Col. James Wilkerson, a former inspector general at Aviano Air Base in Italy, was found guilty by a military panel in November 2012 of charges of abusive sexual contact and aggravated sexual assault. Wilkerson was sentenced to a year in prison and dismissal from the service, but Lt. Gen. Craig Franklin, commander of the 3rd Air Force at Ramstein Air Base in Germany, reviewed the case and overturned the jury's verdict of guilty.

Franklin explained in a six-page letter to the Air Force secretary that he found Wilkerson and his wife, who both denied the charges, more believable than the alleged victim.

The authority wielded by Wilkerson and other senior commanders who are responsible for establishing courts-martial leaves victims of sexual assault wary of coming forward because they fear no one will believe them, according to lawmakers advocating the change.

The Senate Armed Services Committee hears from top officials of the Air Force, Secretary of the Air Force Michael B. Donley, left, and and Air Force Chief of Staff Gen. Mark A. Welsh III, during a hearing on Capitol Hill in Washington, Tuesday, May 7, 2013. Besides funding for next year's Pentagon budget, the Air Force is dealing with controversy over sexual assaults and how the military justice system handles it.  (J. Scott Applewhite, Associated Press) The Senate Armed Services Committee hears from top officials of the Air Force, Secretary of the Air Force Michael B. Donley, left, and and Air Force Chief of Staff Gen. Mark A. Welsh III, during a hearing on Capitol Hill in Washington, Tuesday, May 7, 2013. Besides funding for next year's Pentagon budget, the Air Force is dealing with controversy over sexual assaults and how the military justice system handles it. (J. Scott Applewhite, Associated Press)

But that clout has been embedded in the military justice system for decades and stems from the conviction that military commanders must be directly responsible for good order and discipline in their units. Sen. Lindsey Graham, R-S.C., a member of the Senate Armed Services Committee, said it's a mistake to strip commanders of their authority.

"For Congress to reach down and change 200 years of tradition because people don't like what the commander did in Aviano, I think sends a terrible signal to the military justice system," Graham told reporters earlier this month. "The issue here is why are there so many assaults and why is it so hard to get people to come forward."

Sen. Claire McCaskill, D-Mo., is holding up the nomination of Air Force Lt. Gen. Susan Helms, tapped to serve as vice commander of the U.S. Space Command, until McCaskill gets more information about Helms' decision to overturn a jury conviction in a separate sexual assault case.

FILE - In this July 16, 2012 file photo, U.S. Air Force Staff Sgt. Luis A. Walker arrives from a lunch break during his court martial at Lackland Air Force Base in San Antonio. A seven-member jury of military personnel is set to hear closing arguments in a case considered the cornerstone of a massive sex scandal at an Air Force base in Texas. Walker is among 12 instructors at Lackland Air Force Base in San Antonio who are being investigated, and faces the most serious charges _ seven counts, including rape and aggravated sexual assault. If convicted, Walker could get life in prison.  (The San Antonio Express-News, Jerry Lara, File) RUMBO DE SAN ANTONIO OUT; NO SALES, Associated Press) FILE - In this July 16, 2012 file photo, U.S. Air Force Staff Sgt. Luis A. Walker arrives from a lunch break during his court martial at Lackland Air Force Base in San Antonio. A seven-member jury of military personnel is set to hear closing arguments in a case considered the cornerstone of a massive sex scandal at an Air Force base in Texas. Walker is among 12 instructors at Lackland Air Force Base in San Antonio who are being investigated, and faces the most serious charges _ seven counts, including rape and aggravated sexual assault. If convicted, Walker could get life in prison. (The San Antonio Express-News, Jerry Lara, File) RUMBO DE SAN ANTONIO OUT; NO SALES, Associated Press)

According to a draft version of the military personnel subcommittee's plan released Tuesday, commanders would no longer have the discretion to reverse a court-martial ruling, except in cases involving minor offenses. Commanders also are barred from reducing a guilty finding by a court-martial to guilty of a lesser offense.

The subcommittee's draft proposal also requires an individual found guilty of rape, sexual assault, forcible sodomy or an attempt to commit any of those offenses receive a punishment that includes a dismissal from military service or a dishonorable discharge.

The subcommittee's legislation eliminates the five-year statute of limitations on trial by court-martial for sexual assault and sexual assault of a child. It also establishes the authority for military legal counsel to provide legal assistance to victims of sex-related offenses and requires enhanced training for all military and civilian attorneys involved in sex-related cases.

The panel's bill also contains a provision that extends federal whistle-blower protections to victims to ensure they don't face reprisal for reporting incidents of sexual assault.

The Senate Armed Services Committee hears from top officials of the Air Force, Air Force Chief of Staff Gen. Mark A. Welsh III, right, and Secretary of the Air Force Michael B. Donley, left, during a hearing on Capitol Hill in Washington, Tuesday, May 7, 2013. Besides funding for next year's Pentagon budget, the Air Force is dealing with controversy over sexual assaults and how the military justice system handles it.  (J. Scott Applewhite, Associated Press) The Senate Armed Services Committee hears from top officials of the Air Force, Air Force Chief of Staff Gen. Mark A. Welsh III, right, and Secretary of the Air Force Michael B. Donley, left, during a hearing on Capitol Hill in Washington, Tuesday, May 7, 2013. Besides funding for next year's Pentagon budget, the Air Force is dealing with controversy over sexual assaults and how the military justice system handles it. (J. Scott Applewhite, Associated Press)

As the defense policy bills move forward, there will be pressure to go further than the subcommittee's proposal. Sen. Kirsten Gillibrand, D-N.Y., has introduced legislation that would take top commanders out of the process of deciding whether a sexual misconduct case goes to trial.

An additional catalyst for congressional action has been the disclosure of several cases in which a military member with responsibility for sexual assault prevention programs has been accused of sexual misconduct. In the most recent case, Army officials announced last week that the manager of the sexual assault response program at Fort Campbell, Ky., was relieved of his post after his arrest in a domestic dispute with his ex-wife.

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