STATEMENT: Boxer, Blumenthal, Speier and Protect Our Defenders Call on President to Reform Article 32 Hearings
FOR IMMEDIATE RELEASE
September 25, 2013 Contact: Brian Purchia, ,brian@protectourdefenders.com
*** STATEMENT ***
BOXER, BLUMENTHAL, SPEIER AND PROTECT OUR DEFENDERS CALL ON PRESIDENT OBAMA TO REFORM ARTICLE 32 HEARINGS
Senators Boxer and Blumenthal and Rep. Speier send letter to Commander-in-Chief calling on his support for fundamental reform to Article 32 hearings in the wake of a Naval Academy case where attorneys subjected alleged victim of gang rape to over 30 hours of cross-examination, humiliation, bullying
WASHINGTON, DC – Today, U.S. Senators Barbara Boxer (D-CA), Richard Blumenthal (D-CT) and Rep. Jackie Speier (D-CA) sent a letter to President Obama asking him to support fundamental reform to the military’s Article 32 hearings. These proceedings, most recently on full display for the American public to see in the sexual assault scandal of a Naval Academy midshipman — has made it shockingly clear that the military justice system is completely broken.
The victim in the case has faced an unconscionable attack on her character and her dignity. After bravely coming forward to report her rape despite attempts to intimidate and silence her, she has been re-victimized by a system of justice that is fundamentally flawed. Along with Senator Boxer, Protect Our Defenders has been working closely with Rep. Speier on legislation in the House of Representatives to reform Article 32 hearings. In May, Senator Boxer joined Senators Kirsten Gillibrand (D-NY) and Senator Susan Collins (R-ME) to introduce the Military Justice Improvement Act (MJIA). This common sense reform would move the decisions to prosecute rape and sexual assault cases out of an often-biased chain of command, and into the hands of independent prosecutors. MJIA has widespread bipartisan backing, with 46 senators publicly supporting the bill, including Senator Senator Ted Cruz (R-TX), Senator Elizabeth Warren (D-MA), and Senator Rand Paul (R-KY).
On the House side, Rep. Speier has introduced the Sexual Assault Training Oversight and Prevention Act (Stop Act). This bill removes authority for handling these cases from the chain of command. The legislation currently has 148 co-sponsors.
Protect Our Defenders supports both MJIA and the STOP Act.
Protect Our Defenders President, Nancy Parrish issues the following statement:
“The Article 32 proceedings were originally created to function as a probable cause hearing, but have essentially become an opportunity for the defense to try the case twice. Article 32 hearings are not supposed to be trials or even mini-trials, but for sexual assault cases they often end up that way. Even worse, the Investigative Officer is not allowed to rule on objections, so defense attorneys are able to take unbridled control of the questioning process and intimidate and abuse witnesses.
There is no civilian equivalent to this process. Federal Grand Jury proceedings do not allow participation by the defense. They are limited to a presentation of evidence by the prosecution so the Jury can make a determination as to whether there is sufficient evidence for a finding of probable cause, indictment of the accused, and whether to proceed forward to trial.
Protect Our Defenders stands with Senators Boxer, Blumenthal and Congresswoman Speier as they call on President Obama to bring fundamental reform to a brutal and broken system that allows for victims of sexual assault to face horrifying abuse and mistreatment after they report their assault. The current system is not designed to protect victims or achieve justice-just the opposite: it has become another means of intimidating the victim, or at a minimum, lessening the likelihood that justice will prevail in their cases.
Almost three years ago, Congresswoman Speier took to the House floor and began sharing letters on a weekly basis from active duty service members and veterans who had been sexually assaulted and then retaliated against by their chain of command. She then filed legislation, the STOP Act to remove authority to handle sexual assault cases from the chain of command. The time for fundamental reform to our broken military justice system is long past due.
The Article 32 process must be reformed to more closely mirror the Federal civilian grand jury system. The defense should be excluded from the hearing, as they are in the Federal system. This would prevent further trauma to the victim, expedite the process, and allow an impartial panel to determine whether a case should proceed to trial.”
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Barbara Boxer, USMC vet team up to fight sexual assault in the military
http://abclocal.go.com/kabc/
New York Times: Intrusive Grilling in Rape Case Raises Alarm on Military Hearings
Baltimore Sun: The Naval Academy sex assault hearing should be the last of its kind
http://www.baltimoresun.com/
Baltimore Sun: Naval Academy case is fuel for proponents of military justice reform
RH Reality Check: Federal Lawsuit Seeks Removal of U.S. Naval Academy Superintendent From Rape Case
Lawsuit: Naval Academy head should excuse self from court-martial decision in sex assault case http://www.washingtonpost.com/
Washington Post: Accuser in Naval Academy rape case granted a day off from testifying
http://articles.
MSNBC: Naval Academy sex-assault accuser seeks break in testimony, citing exhaustion
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/
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