U.S.

July 25, 2013

Commanders should retain prosecution authority, leaders say

Jim Garamone
American Forces Press Service

WASHINGTON – The nation’s top military leaders told senators today that commanders should retain responsibility for prosecuting service members accused of sexual assault.

Army Gen. Martin E. Dempsey, the chairman of the Joint Chiefs of Staff, and Navy Adm. James A. Winnefeld Jr., the vice chairman, told the Senate Armed Services Committee that taking that authority away could harm good order and discipline.

Dempsey and Winnefeld are under Senate consideration for second two-year terms in their posts.

Keeping commanders in the process ensures there is an active deterrent to the crime, Winnefeld said. “Somebody who is contemplating a sexual assault knows that they’re going to be caught, that they’re going to be prosecuted, and if they’re prosecuted, they’re going to be punished,” he said. “It’s our strong view that the commander is responsible for that.”

Dempsey told the senators that Army officials have looked at the numbers on sexual assault prosecutions over the past two years and found 35 cases in which civilian district attorneys refused to take sexual assault cases to court.

“And the chain of command in the military insisted that the case be taken inside the military chain of command,” he said.

Of those cases, 25 resulted in a court-martial conviction.

“That’s a 71 percent conviction rate,” the chairman said. The civilian rate is between 18 and 22 percent.

Dempsey stressed that this was done because commanders insisted on taking these cases. “I worry that if we turn this over to somebody else, whether it’s a civilian DA or an entity in the military, that they’re going to make the same kind of decisions that those civilian prosecutors make,” he said.

Commanders must be responsible for ensuring the command climate does not tolerate sexual assault in any manner, Winnefeld said.

“It’s about teaching people what a heinous crime this is,” he added. “It’s about reporting it if you see it. It’s about intervening if you see it about to happen — a whole host of measures that commanders must take to establish the climate inside their commands.”

The Marine Corps also had examples similar to the Army, the admiral said. The Marine Corps went back to 2010 and found 28 cases in which civilian prosecutors declined to take the case.

“Of those, 16 of them, the Marine Corps was able to obtain a conviction of court-martial — 57 percent,” Winnefeld said. “So those are 16 perpetrators that are no longer walking the street and 16 victims who received justice who would not have received it otherwise.”




All of this week's top headlines to your email every Friday.


 
 

 

SAPR: More than just an Air Force acronym

As an Airman and a senior leader in the Air Force Reserve, I’ve seen firsthand the devastating impacts of sexual assault on an Air Force organization. Regardless of your unit or military status, Active or Reserve, no one is immune to these impacts nor absolved of their responsibility to combat the instances of sexual assault...
 
 

ACC, PACAF commanders confirmed

WASHINGTON (AFNS) — Pacific Air Forces Commander Gen. Herbert Carlisle will be the next commander of Air Combat Command and ACC Vice Commander Lt. Gen. Lori Robinson will be the next commander of Pacific Air Forces, according to a Senate confirmation vote July 23. Headquartered at Joint Base Langley-Eustis, Virginia, ACC leads America’s Combat Air...
 
 
Flooding_pict

Flooding still underway this year, avoid water runoff problems

While rain in a desert climate is usually welcome, too much of a good thing can a problem for travelers, especially newcomers who may not be familiar with how quickly driving and other travel conditions can change. “There hav...
 

 

Cyber Airmen create virtual help desk

JOINT BASE SAN ANTONIO – LACKLAND, Texas (AFNS) — The Air Force Enterprise Service Desk is going virtual, and Joint Base San Antonio – Lackland will be the first to see it as it rolls out across the Air Force, starting the end of August. Air Force Chief of Staff Gen. Mark Welsh has challenged...
 
 

AFSOUTH strengthens space ties with partner nations

Three officers from the Dominican Republic, Peruvian and Brazilian militaries partnered with active-duty and guard Airmen at Davis-Monthan for a rare opportunity to work collectively on the space component of PANAMAX 2014, Aug. 8-15. For a third year, partner nation participants took part in the space element of PANAMAX, an annual U.S. Southern Command sponsored...
 
 

The Judge Advocate General’s Corps announces law school programs

PATRICK AIR FORCE BASE, Fla. (AFNS) — Officers interested in continuing to serve the Air Force as a judge advocate are able to apply to the Funded Legal Education Program, or FLEP, and the Excess Leave Program, ELP. Officers selected for FLEP have the opportunity to attend law school at the Air Force’s expense while...
 




0 Comments


Be the first to comment!


Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>


Directory powered by Business Directory Plugin