Mixed Results for Women in House Version of National Defense Authorization Act
RH Reality Check reports:
The U.S. House of Representatives passed its version of the National Defense Authorization Act (NDAA) last week, despite veto threats from the White House over Guantanamo Bay and spending cuts. Now begins the likely long wait until the Senate follows suit, and issues like how to handle military sexual assault may continue to spark heated disagreement. However, there is still some potential good news for women soldiers in the final House version of the bill.
Debate over the Senate version of this “must-pass” defense legislation earlier this year included a tough fight led by Sen. Kirsten Gillibrand (D-NY) over changing how military sexual assaults are prosecuted. Military commanders can influence the outcome of sexual assault prosecutions at three stages: deciding whether to prosecute a case in the first place, selecting the jury, and potentially overturning sentences. Advocates urge that commanders need to have these powers taken away because survivors don’t trust the system enough to come forward, fearing retaliation from commanders or even having been sexually assaulted by a commander in the first place, while defenders of the status quo fear undermining commanders’ authority. Gillibrand’s bill would have stripped commanders of all three powers, for all felonies and not just sexual assault, and instead let a military prosecutor decide whether to pursue the case.
