Decades of Military Failures Against Sex Crimes Earned America's Distrust and Congressional Imposition: The Judge Advocate General's Corps's Newest, Most Important Mission

"18 This resulted in the creation of the restricted reporting option and the Sexual Assault Prevention and Response (SAPR) program.19 In 2005, the DoD Task Force on Sexual Harassment and Violence at the Military Service Academies (task force) published its report.20 In it, the task force made a...

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Veröffentlicht in:The Army Lawyer 2015-07, p.60-65
1. Verfasser: Lai, David
Format: Artikel
Sprache:eng
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Zusammenfassung:"18 This resulted in the creation of the restricted reporting option and the Sexual Assault Prevention and Response (SAPR) program.19 In 2005, the DoD Task Force on Sexual Harassment and Violence at the Military Service Academies (task force) published its report.20 In it, the task force made a number of findings and proposals: (1) the academies need more women, both in the cadet corps and as staff and faculty, and more women in visible leadership roles; (2) "the leadership, staff, faculty, cadets and midshipmen must model behaviors that reflect and positively convey the value of women in the military;" (3) the Uniform Code of Military Justice (UCMJ) should be updated to include privileged protections between the victim and the medical and mental health care providers and victim advocates; (4) Congress should "revise the current sexual misconduct statutes to more clearly and comprehensively address the full range of sexual misconduct," to include sexual harassment; (5) Article 32 proceedings need to be amended to better protect the privacy of victims and alleged offenders; (6) servicemembers require classes and training on sexual harassment and assault; and (7) the SAPR Program must be fully implemented to better ensure that victims are informed of and afforded their federally mandated rights.21 Of the twelve appointed members on the task force who issued these recommendations, two were judge advocates: one was Brigadier General Jarisse J. Sanborn of the Air Force, and the other was Major General (retired) Michael J. Nardotti Jr., The Judge Advocate General (TJAG) of the Army from 1993-97.22 Following the DoD reports, the then Air Force Secretary, James G. Roche, declared that "[w]e cannot bear the thought of a criminal being commissioned . . Last year, United States Naval Academy football players were investigated for the alleged sexual assault of another cadet.30 One of the midshipmen was court-martialed and was later acquitted.31 Charges were dropped on one of the other midshipmen over evidentiary issues; his statements were taken without him being read his Article 31 rights.32 Last August, the United States Air Force Academy's superintendent, Lieutenant General Michelle D. Johnson, initiated another investigation looking "into misconduct among student athletes and possible cover-ups by members of the athletic staff, after two Colorado newspapers reported allegations of rape, drug use, and spiked drinks at illicit parties involving football players. 35
ISSN:0364-1287
1554-9011