← Back to Protect Our Defenders Press Release
I stand here today on behalf of Protect Our Defenders, an advocacy group representing military men and women who are survivors of rape and sexual assault. In our work on this issue we speak with many veterans and young service members who have been harmed by the broken military justice system. You have heard two of their heartbreaking stories here today.
The epidemic of unpunished sexual assault in our military continues unabated. For decades it has undermined mission readiness and unit cohesion.
Although the military has taken some actions, they have not yet addressed the core issues. This system, which places the commander’s preference above the less biased formal justice system, must be reformed. Until a commander can no longer prevent a victim from reporting, an investigation from proceeding, or the decisions of the courts from standing, there will be no real justice. Until there are consequences for the perpetrators and the leaders that condone harassment and assault, the culture that allows this epidemic to continue will persist.
Jeremiah and Kelly’s stories are all too familiar. They are representative of the many frantic calls we receive from victims and their families for whom the current military justice system is failing. We frequently hear stories of command actions adversely impacting the outcome of sexual assault cases.
The military currently has a system that elevates an individual commander’s authority and discretion over the rule of law. It is fraught with inherent personal bias, conflicts of interest, abuse of authority, and too often a low regard for the victim.
Throughout the process, commanders impact the paths these cases take. Commanders, with inherent personal interests and biases, and a lack of relevant legal experience, frequently and inappropriately fail to initiate investigations, prevent trials from proceeding, arbitrarily reduce sentences, overturn verdicts, and punish victims. The result is a lack of justice for survivors and a low risk, target rich environment for sexual predators.
The recent event at Aviano Air Base in Italy, where Lt General Craig Franklin overturned the jury conviction of Lt Col James Wilkerson, is a stark example of how the system fails. The UCMJ gives commanders the sole and unfettered power to decide when to administer justice or not.
For decades, the military has insisted absolute command discretion is required to maintain good order, discipline, mission readiness, and unit cohesion. Yet, when victims are punished and perpetrators go free, trust—the essential ingredient to an effective, functioning military—is undermined.
Decisions like Franklin’s have a chilling effect on survivors, who feel that reporting instances of sexual assault is a dead end and a risk to their career and safety.
This crisis cannot be effectively addressed in an incremental fashion. The persistent lack of results thus far validates the need for an impartial office to deliver effective investigation and appropriate adjudication of sexual assault cases.
The STOP Act would place the jurisdiction for reporting, investigation, prosecution, and oversight out of the chain of command. These changes are crucial to ensuring justice and enabling cultural reform.
Protect Our Defenders strongly supports and urges Congress to act quickly to pass this legislation.
We are profoundly grateful to Congressman Walter Jones and Congressman Bruce Braley for their support, and for Congresswoman’s Speier’s steadfast leadership and tireless efforts on behalf of survivors of military sexual assault.