Apr 09 2013
Guardian: US defense secretary pushes for overhaul of military sexual assault cases
US defense secretary Chuck Hagel has recommended that Congress change military law so that commanders can no longer overturn convictions in military court for sexual assault and other major offences, he announced on Monday.
The proposed changes follow widespread outrage over the overturning of the conviction of a US air force officer found guilty of aggravated sexual assault, in a case which victims groups said was symptomatic of the military’s failure to address an “epidemic” of sexual assault. Lt Col James Wilkerson, of Aviano air base in Italy, was found guilty and sentenced to a year in prison, but his conviction was overturned by Lt General Craig Franklin, the 3rd air force commander, and he was quietly re-assigned.
Article 60 of the Uniform Code of Military Justice gives power to “convening authorities” or commanders to set aside a conviction or decrease punishment after a court-martial, a power that has come under increased scrutiny following the Wilkerson case. In a statement, Hagel said the proposal would strip the ability of a convening authority to dismiss the verdicts of a court martial, except for certain minor offences. The accused would still be able to appeal their cases.
Victims groups welcomed the proposed changes, but said that it fell short of the measures necessary to combat the “epidemic of sexual assault”.
In a statement, Nancy Parish, of Protect Our Defenders, said that while the changes would would stop commanders overturning convictions, they would still allow them to reduce sentences.
Parish said: “The Aviano case has shown the world that our military’s justice system is fundamentally flawed. Article 60 in the UCMJ is only one part of much larger fundamental problems. Today’s proposed changes from the Pentagon fall short of the necessary fixes to end the epidemic of sexual assault in the military.”
Parish said that they have never disputed that incidences like the Aviano case were rare, and said: “But, we have always contended that the more insidious problem is that convening authorities can unilaterally lessen sentences and today’s announcement does not change this.”
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