DoD Advisory Committee's Report on Sexual Assault

11/2/2020

The Committee's conclusions after studying one year of cases:

"There is not a systemic problem with the initial disposition authority’s decision either to prefer a penetrative sexual offense charge or to take no action against the subject for that offense. In 94.0% and 98.5% of cases reviewed, respectively, those decisions were reasonable.
There is a systemic problem with the referral of penetrative sexual offense charges to trial by general court-martial when there is not sufficient admissible evidence to obtain and sustain a conviction on the charged offense. In 31.1% of cases reviewed that were tried to verdict on a penetrative sexual offense charge, the evidence in the materials reviewed did not meet that threshold."

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2 Comments

Poster

11/2/2020 08:35:42 pm

Without reading the whole report a statement stands out:

" Eighty-seven percent of cases involved a victim who was perceived to have at least one of the six victim complexity factors."

These included motive to lie, unconsciousness, and collateral behavior.

There is a lot of talk about blaming the victim. But I think that subject is a bit late. Consider that a soldier gets in trouble, then they possibly get taken advantage of because someone thinks they have dirt on them. Sometimes this is takes the form of wanting sexual favors.

The thing we call “victim blaming” may be just a diligent defense. But it falls to the Command's responsibility to ensure that each and every soldier is treated with dignity. This has to happen before the crime, or alleged crime, ever happens.

Mark H.

11/9/2020 01:09:57 am

Conclusion of committee - "grave concern regarding the fairness and integrity of military justice." Let that sink in for a minute.

"In 10.6% of cases tried to verdict on the penetrative sexual offense, the evidence was not sufficient to establish probable
cause to believe that the accused committed the charged offense. Predictably, the government was unable to sustain a
conviction in any of those cases.These data raise the issue of how a charge unsupported by probable cause could be referred to trial by court-martial.

Finally, 44.4% of penetrative sexual offense charges referred to trial by general court-martial were dismissed after
referral.25 Further study and analysis should be undertaken to determine the reasons for post-referral dismissals of
penetrative sexual offenses, in light of the significant impacts already felt by the accused, victim, and command by that
point in the military justice process.26

Taken together, these data raise issues of grave concern regarding the fairness and integrity of the military justice system."

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DoD Advisory Committee's Report on Sexual Assault

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