10 Moberg The Military Justice Improvement Act: A Sensible Reform Captain David K. Moberg, USMC Expeditionary Warfare School Conference Group 16 Major David Frank 3 February 2017 The scourge of sexual assault hangs over the reputation and combat effectiveness of the United States (U.S.) military. Marine Corps policy states that sexual assault is ?completely incompatible with our core values of honor, courage, and commitment.?[endnoteRef:1] Despite this stance and incremental legislative and recent administrative changes, an overzealous deference to traditional chain of command involvement continues to produce inadequate results. A perceived widespread culture of reprisal and ?circling the wagons? discourages …show more content…
Department of Defense, Annual Report on Sexual Assault in the U.S. Military, Fiscal Year 2014. (Washington DC: GPO, 2015), 9.] [4: Rosemarie Skaine, Sexual Assault in the U.S. Military (Santa Barbara, CA: Praeger, 2016), 3, 9-10.] Currently, when a sexual assault allegation is made, decision making authority on how to proceed (no action/dismiss, dispose of charges, refer to higher authority, etc.), known as the Sexual Assault Initial Disposition Authority (SA-IDA), rests with the first O-6 Commanding Officer (CO) with Special Courts Martial Convening Authority (SPCMCA) in the immediate chain of command.[endnoteRef:5] The SPCMA refers sexual assault charges to a General Courts Martial Convening Authority (GCMCA) as the venue for prosecution, which if successful, leads to a mandatory dishonorable discharge or dismissal.[endnoteRef:6] The MJIA would remove the chain of command altogether from the process, replacing the authority with a disinterested, independent O-6 ?available for detail as a trial counsel, [with] significant experience in trials by general or special courts martial, and [who is] outside the chain of command of the member subject to such charges? (as well as the alleged victim).[endnoteRef:7] This legislative change would apply to sexual assault as
In more than just the examples given in the documentary, reporting a sexual assault seems almost baffling in terms of procedure, both in military life and in civilian. It is a difficult enough prosses for a man or women to endure in civilian life. Just noting what I have witnessed in my time here at Georgia Southern University, it is a long, horrifying, and complex means to achieve justice, and even then, it is certainly not guaranteed. Even at the conclusion of this class, it is still difficult to grasp the blatant disregard for an entire section of the armed forces. The ones who are willing to make the huge personal sacrifices to serve their own country, when that same courtesy would never be reciprocated. As stated multiple times in The
Every two minutes a woman is sexually assaulted in the United States (FBI, 2003). According to the Federal Bureau of Investigation, sexual assault is the most under-reported violent crime in the United States. In 2005, the Armed Forces received 2,374 reports of alleged cases of sexual assault involving its members. Of these figures, the Air Force received 584 reports. That is an increase of 28 percent over the past year (DoD, 2005). The Air Force is concerned with the safety, dignity, and well-being of all its members. The Air Force does not tolerate sexual assault and has implemented a comprehensive policy that reinforces prevention, response, and accountability.
In the past, military news typically evolved tragic training incidents or deaths during overseas combat. However, over the last several years many incidents involving military personnel and sexual assault have made headlines across the United States. Military women and men have brought to light the lack of justice for victims of sexual assault, and the prevalence of such attacks. Questions arise as to why victims do not report incidents or seek assistance when they are physically or sexually assaulted. Many reasons are due to how the system of reporting is established within the military, retaliation and further re-victimization within the chain of command. Modifications to the current system have begun within the Department of Defense and
Throughout the world, deviant acts and social controls are committed everyday. An incredibly significant one that is often unreported is sexual assault within the military. Sexual assault is already determined as an extremely deviant act throughout the world. All acts of rape and other abusive acts should never be dismissed or ignored, but rape within the military is often not reported or recognized. If it is brought to light, the victims are generally in fear of losing their positions, rankings, homes, relationships with their spouses and families, etc…. This is not to state that men are not also victims of sexual assault, but women are much more prone and vulnerable to being attacked and harassed. I will be focusing on the female victims of military assault in this paper.
“The most shocking cover up in the United States Military is not what you would expect (The Invisible War),” reports of sexual assaults over all branches of the military have tremendously increase every since women have been allow to take part of the military. According to the Secretary of Defense, over 500,000 male and female soldiers have suffered of sexual abuse from senior peers and commanders. During the past years, many women reported a variety of cases of sexual abuse. Sadly, the victims were only ignored, blamed and punished for the events. Sexual assaults are considered a scandalous subject which our military has decided to avoid, but by doing so, the number of rapes has increase even faster. Rape is a repetitive criminal;
In the training the soldiers of the United States Army receive they learn about the two types of reporting options that are available to the victims of sexual assault; the restricted reporting and the unrestricted reporting. The restricted reporting option gives the soldiers the option of seeking medical aid and counseling while not initiating a formal investigation. While this option helps the victim get the help they need it does not hold the perpetrator accountable for their actions. The unrestricted reporting on the other hand still helps the soldier get the medical treatment and counseling they may need but it initiates a formal investigation. A soldier who files a restricted report can later go back and change their report to a unrestricted and start a formal investigation but an unrestricted report can never be changed to a restricted report. The training highlights some of the behaviors that predators use so that you may know what to look out for. According to the Army there are no more passive bystanders it is everyone’s responsibility to intervene.
In 1917 during WW1, the Canadian government justified in enacting the Military Services Act to register and conscript men for war. Almost all French Canadians opposed conscription because they felt they had no loyalty to France and Britain. Other Canadians were at ease with the conscription as they supported the British Empire. The farmers, union heads, and pacifists were all opposed of the conscription like the French Canadians. I believe the Military Services Act was not the best choice because it ripped up the relations between the English and the French Canadians, it eliminated the freedom of the people by forcing them to go to war, and caused a riot in Quebec City leading to a few deaths. The
Presently women are sacrificing their lives serving this country in all branches of the military in the United States. Women are more involved in combat situations since the war began in Afghanistan and Iraq. With the increase of women in the military came the increase of sexual violence. In the beginning, very few reports of sexual violence were reported; over time the number of reported cases became a huge issue that brought awareness to those that work with the President of the United States. At that moment, processes were being looked at; changes needed to be made to find ways to give confidence to victims, to feel safe enough to report the crime of sexual violence. The Department of Defense is currently working on measures to alleviate the problem. Sex crimes on women in the military can have intense effects on their mental, physical and emotional well-being. Sexual harassment and sexual assault also extends to include
Throughout history, the United States Military has faced numerous scandals. From its role in the Vietnam War, to the Iran-Contra Affair, to the Iraq War, to the abuse and denial of due process rights to detainees currently held indefinitely at the detention center at Guantanamo Bay, Cuba; the Department of Defense has undeniably raised many questions about its ethics and treatment toward both civilians and fellow members of the Armed Forces alike. One recent scandal, which would now appear to be becoming the standard, is that of sexual assault within the military. However, due to a campaign of awareness, grassroots activism, and pressuring elected officials to do what is right, things are now beginning to change.
There are very few things in the modern military of today or any military that has ever existed before our current military for that matter, that are more important than the rank structure and the the respect that is demanded of you by that rank structure. Those are two very important characteristics of every successful military unit. With added details here and there, in this essay I will mainly be discussing what respect actually is, how being respected is normally earned and in the military how it is demanded of you as a sub-ordinate to any ranks higher than you or in some cases any fellow military personnel who is more senior to you and why. On top of that I will be covering
The purpose of this essay is to discuss the issue of rape and sexual assault in the military. The number of attacks for rape and sexual assault in the military are at an all-time high. Women have recently been allowed to fight on the front line. While this may be a huge achievement for women-kind, for this woman, it is a very scary thought. I am a junior at Texas Academy of Biomedical Sciences; a school geared towards students wishing to enter the medical field. I may be forced to join the military one day if a war breaks out and women are needed to protect the country. I would be happy to serve my country if I did not have to be scared of my fellow soldiers. Rape and sexual assault are major issues in the military and
“She was drunk she does not remember.” “She’s lying; she just wants a promotion.” “Everyone on base has had sex with her, she’s a whore.” These are all signs why women are afraid to speak out about an attack in the armed forces. Sexual assault happens all over the world, especially in the military. It can be hard to believe because, most people join the military to better themselves and be a role model for others. Society’s views on the military are that they are saviors just simply trying to fight for their country, they are not seen attacking their own. Women and men are both suppose to join together and fight for their country rather then fighting against each other. This is saddening because the military
Whether or whether not women speak up, doesn’t change the fact that it is happening in the military. Women in general deal with the effects of sexual trauma, but military women may have to re-live it on a day to day basis. As quoted in the article, perpetrators are typically other military personnel, and victims often must continue to live and work with their assailants daily (para. 5). Because of the seriousness of MST, each VA hospital now has a designated coordinator to oversee MST screening and treatment (para. 5). The authors purpose is ultimately to study the VHA’S MST program. It provides the opportunity to investigate the screenings for sexual violence (para. 2). It is very important that women with MST are able to get some type of help, and medication for the after effects of the traumatic experiences they endured while in the
The military has become the epicenter for rape and abuse of women, all of which military officials have swept aside with all too little concern. Case after case of rape and sexual harassment are dismissed with little to no investigation made. The women of the military live scared of their male superiors and colleagues, and what they might do. Victims of sexual harassment or rape often see their pursuers honorably discharged and returned to society with no criminal record.
As an organizational- level leadership, he will confront many thorny problems and missions that challenge their moral criteria and military profession. In particular, when they receive the order from the upper- level, how he employ his expertise to exercise his moral leadership and undertake the tasks. Actually, both of the profession and ethic are interdependent, and inseparable. Thus, a professional commissioned officer should understand how to fit ethic into his expertise. Moreover, people would face the dilemmatic situation between the obedience of rules and the consideration of the consequence. When it comes to the moral or ethical, should I follow the deontology or consequentialism? Which one is the most critical priority to the stewardship