STATEMENT: Air Force Report On Sexual Assault Highlights Need for Sentencing Reform
FOR IMMEDIATE RELEASE
September 19, 2013 Contact: Brian Purchia, ,brian@protectourdefenders.com
*** STATEMENT ***
AIR FORCE REPORT ON SEXUAL ASSAULT HIGHLIGHTS NEED FOR SENTENCING REFORM
Washington DC – The United States Air Force recently released a report that lists all sexual assault convictions that went through a court-martial process from January 2010 through August 2013. The report does not list defendants who were acquitted of sexual assault at their court-martial or specify whether a convening authority reduced the sentences of those found guilty. Furthermore, the report failed to include any cases that did not go to court-martial, but resulted in administrative punishment. This report should also be made available in open machine-readable format in order for the data to be easily interpreted and analyzed.
Today Protect Our Defenders Policy Director Miranda Petersen released the following statement:
“The report clearly demonstrates the need for sentencing reform. The sentences listed by the Air Force in this report as being among their ‘significant sexual assault convictions’ range from only a few months of hard labor without confinement to twenty years confinement with a bad conduct discharge, demotion, and forfeiture of pay and allowances. These sentences are inconsistent and often too lenient, as the ongoing national disgrace at Lackland Air Force Base has made clear. In the current military justice system, the jury is instructed to consider punishments including ‘no punishment,’ a fine, reprimand, restriction, or other lenient measures for someone they find guilty of raping a child or adult. This is unacceptable and must be changed. The current system trivializes the egregious nature of these crimes, leads to offensively light sentences, and sends a message to perpetrators about the seriousness with which the military takes these crimes.
The average American would be stunned to know that ‘no punishment’ is an authorized sentence for someone who rapes a child or an adult.
Military judges must be assigned sole responsibility to sentence an offender and Congress should mandate the establishment of minimum sentencing guidelines, following the well-established civilian federal system. With jury sentencing, defense counsels know that even if they lose their case on the merits, they are still likely to receive a very light punishment. However, if judges are given sole sentencing authority, the defense will be more inclined to negotiate a plea in order to get some protection, knowing they do not have the safety net of jury sentencing. More offenders will be held accountable, more victims will see justice, and the system will be less burdened.
Furthermore, the report excludes any cases that did not result in a court-martial, even if the perpetrator was punished through some other avenue such as a non-judicial punishment. The report does not include cases that ended in acquittal. The report does not include the status of any clemency actions, where a sentence might have been overturned or significantly reduced. It also does not appear to include cases where an allegation of sexual assault was made, but the perpetrator was prosecuted and/or convicted of a lesser offense, such as failure to obey an order, adultery, or conduct unbecoming of an officer.”
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Air Force Times: AF publishes list of sex assault convictions
Frontline: Emails Shed New Light on Military Sexual Assault Case
Air Force Times: 3rd AF commander warned about overturning sex assault verdict
Politico: Accuser Kimberly Hanks takes on Air Force
http://www.politico.com/story/
San Antonio Express-News: The system on assaults is still broken
The Atlantic: How the Military’s ‘Bro’ Culture Turns Women Into Targets
Military.com: Former AF Sex Assault Prevention Chief Indicted
http://www.military.com/daily-
About Protect Our Defenders: Protect Our Defenders is a human rights organization. We seek to honor, support and give voice to the brave women and men in uniform who have been sexually assaulted while serving their country, and re-victimized by the military adjudication system – a system that often blames the victim and fails to prosecute the perpetrator. Learn more about Protect Our Defenders at www.protectourdefenders.com or on Facebook at http://facebook.com/
Protect Our Defenders partners with Attorney Susan Burke, Burke PLLC to advance lawsuits filed against the DoD and service academies for repeatedly ignoring rape, sexual assault and harassment, failing to prosecute perpetrators and retaliating against the victim.
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