Senator Unveils Bipartisan Bill to Fight Sexual Assault in the Military

Senator Kirsten Gillibrand (D-NY) may soon see an eight-year battle to change the way the military  handles sexual assault come to fruition. Gillibrand and Senator Joni Ernst (R-IA) have teamed up to back a bipartisan bill that would take sexual assault cases out of the military chain of command and move them to trained prosecutors. Historically, military commanders have little training in sexual assault matters. Although the cases would remain under military oversight, investigations and prosecution would be handled by attorneys with relevant experience and expertise instead.

Although Gillibrand has been pushing this legislation since 2013, she has seen little success. Now, however, after joining forces with Ernst, the bill has gained new momentum, and on May 6 she announced that they have the votes for a successful passage. She told NPR, “We have enormous momentum. I think we are well over 60 votes at this point.” She also noted that “the legislation has gained momentum through the support of past holdouts from both sides of the aisle, and breakthroughs among current and former top military officials.”

Other senators supporting Gillibrand and Ernst include Chuck Grassley (R-IA), Jeanne Shaheen (D-NH), Richard Blumenthal (D-CT), Mark Kelly (D-AZ) and Ted Cruz (R-TX).

About the legislation

Gillibrand’s Senate page described the bill, called The Military Justice Improvement and Increasing Prevention Act, in a press release. The Act would:

“Professionalize how the military prosecutes serious crimes by moving the decision to prosecute from the chain of command to independent, trained, professional military prosecutors, and provides for several new prevention provisions such as more and better training for commanders and increased physical security measures, while ensuring that commanders still have the ability to provide strong leadership and ensure a successful command climate.”

This would include measures like:

• Move the prosecution of serious crimes to independent and trained prosecutors outside of the chain of command, and leave misdemeanors and military crimes within the chain of command.
• Ensure the Department of Defense supports criminal investigations and prosecutions through developing the right skills needed to handle domestic violence and sexual assault
• Require the Secretary of Defense to survey and improve physical security at all military installations, including security cameras, locks, and other measures to increase the physical safety of servicemembers in living spaces.
• Increase and improve education, training, and awareness of sexual assault throughout the armed forces. This can help shift the culture regarding sexual assault in the military and help build a no-tolerance zone for these types of crimes.

The bill currently has the backing of President Biden, who spoke about supporting the legislation while campaigning in 2020. According to NPR, shortly after taking office, Biden requested Defense Secretary Lloyd Austin to review the issue and make recommendations. Austin reported back, “saying that decision-making on such cases should be taken out of the chain of command. The panel’s decision marked the first time lawmakers had Defense Department recommendations aligning with the bill on hand, Gillibrand said.”

Why this sexual assault bill is so important

Despite small and incremental changes over the years, the military remains inundated with cases of sexual misconduct and assaults. Each year, the Department of Defense publishes a report on sexual assault in the military. The most recent report for fiscal year 2019 shows some troubling statistics and that sexual assault remains a major issue:

• The rate of sexual assault reporting by servicemembers has quadrupled from 7% in 2006 to 30% in 2018.
• Over 6,200 servicemembers reported a sexual assault.
• The military received 7,825 reports of sexual assault involving servicemembers as either a victim or an offender.
• Responders perceived that victims have concerns about confidentiality, gossip, and retaliation.
• One-quarter of respondents were dissatisfied with the support they received during the military justice process.
• 36,966 users contacted the DOD Safe Helpline for assistance, with 2,316 discussing a user-victim relationship. Of those sessions, 87% experienced a sexual assault.
• The anonymous online resource Safe HelpRoom received 4,931 visitors, up from 2,510 in 2018.
• The vast majority of sexual assaults occurred between servicemembers between the ages of 17 and 24 who work and live within close proximity.
• Participants from focus groups indicated that current prevention activities and training programs is sometimes vague and they leave with unanswered questions about appropriate behavioral boundaries.

Gillibrand’s press release also noted, “Senator Gillibrand first introduced the bipartisan Military Justice Improvement Act in 2013 and for years, has worked shoulder-to-shoulder with Senator Chuck Grassley to pass it. However, since the initial introduction, unrestricted reports of sexual assaults in the military have doubled, yet the rate of prosecution and conviction has been halved.”

As a survivor of sexual assault herself, Senator Ernst’s support of the bill comes from experience, as well as having a daughter currently attending West Point. She stated in the press release:

As a former combat commander and a survivor of sexual assault, I understand the traumatic experiences too many of our service members have faced. Sexual assault has no place in our military—or anywhere else—and it’s far past time we take more steps toward preventing and reducing these heart-wrenching crimes.

This new, bipartisan bill—the result of Republicans and Democrats working together—will bolster prevention programs, education, and training; improve how we hold perpetrators accountable while ensuring commanders still have visibility of what’s going on in their unit; and equip military prosecutors with the skills necessary to handle sexual and domestic violence cases. The goal has been and always will be to strengthen our fighting force and ensure all service members are treated with the dignity and respect they deserve.

If you or someone you love has experienced a sexual assault, the National Sexual Assault Hotline is 800.656.HOPE. Then, consult with experienced attorneys for help.

Please contact Paulson & Nace, PLLC through our contact form or by calling 202-463-1999.