SecDef Takes On Sexual Assault

3/1/2021

Sex crimes, a heavy topic for many, but a topic that is nevertheless pervasive in a military justice caseload. From periods of under prosecution to overzealous prosecution, the pendulum never stops swinging, rarely balanced. With the confirmation of SecDef Austin, and President Biden's ordering of a 90-day commission to address sexual assault and harassment, it appears the pendulum is swinging towards Pentagon leadership pushing for over-prosecution.

After his confirmation in January, one of SecDef's first actions was ordering the review of the military's sexual assault and harassment prevention programs. Two weeks ago at a Pentagon press briefing, SecDef reiterated his commitment to preventing sexual assault, even going so far as to admit that they " haven't gotten it right." And just last week at a press conference, Pentagon Press Secretary Kirby stated that the 90-day commission will begin soon and that SecDef will not wait until the end of the 90 days to implement changes.

Explicitly, policy changes are coming on how the military addresses sexual assault and harassment. Implicitly, a rise in the prosecution of sexual assault and harassment cases. Only time will tell but after the removal of Fort Hood leadership following the death of PFC Vanessa Guillen, and the public outcry for accountability, I wouldn't be surprised.

Elizabeth M. Berecin

Managing Editor

4 Comments

LegalBeagle

3/2/2021 08:05:03 am

The Vanessa Guillen case has taken on a life of its own beyond the facts has it not?

Whether or not the allegations she made to her family had anything to do with her death is irrelevant now. She has been claimed by the cause and will forever be remembered as a victim of sexual assault by a superior, instead of a victim of some brutal and seemingly random killing by another specialist which no one seems to want solved. The motive of her killing has been decided by the popular sentiment of the day.

3/2/2021 10:46:37 am

I can agree that her case has taken on a life of its own, perhaps beyond the actual facts. However, it has only taken on this life because of the systematic and underlying problems of sexual assault/harassment in the service.

3/2/2021 11:00:08 am

True enough. I just think its ironic that the Justice for Vanessa outcry may prevent a true public understanding of the reason that one specialist beat another specialist to death with a hammer. Instead of focusing on the actual leadership failures and the true motivation for the killing, the case will always be lumped in with the broader sexual assault issue.

But on the other hand maybe that is what the Army wants. Easier to paint her death as part of large service-wide problem as opposed to an acute localized failure.

Jeff Liebenguth

3/4/2021 01:51:59 am

I think the SecDef has his work cut out for him. On the one hand there is the focus on sexual assaults in the military that will likely swing the pendulum to over-prosecution. On the other hand, he has this problem with racial disparity in military justice, with black service members being punished more often, and more harshly, than other service members.

The data that comes in over the next several years on the interplay between the two will be interesting to see. Unfortunately, the data that we do have suggests that if sex offense prosecutions do rise, black service members will unjustly be a disproportionate number of the accused.

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SecDef Takes On Sexual Assault

Elizabeth M. Berecin

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