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Rape Law Backfire Makes Military News by Olivia Wright
Congress tried to crack down on incidents of sexual assault in the military six years ago. The crackdown was the result of some reports of sexual assaults in war zones and military academies that were rather disturbing. In an effort to help prosecutors and protect the victims, lawmakers rewrote the laws. As it turns out the new law has backfired.
The new poorly understood but politically attractive legal changes have caused widespread constitutional conflict, judicial frustration, and confusion in the courtroom. There are few civilians that know anything about the legal changes but some newspapers have reviewed numerous pages or court documents, internal studies and extensive interviews have been conducted that have determined that congress caused the problem in the military justice system.
A top military appellate court reported that the rewritten sexual assault law place judges in a situation that is impossible. A Pentagon task force reported that lawyers in the military find new law is confusing and cumbersome. Officials from the defense department have reported that the new law results in acquittals that are unwarranted. There are even some judges who consider the new law unconstitutional. A former military judge advocate turned defense attorney reported that as the new law is now written it is an abomination.
The new law isn't liked by individual military judges either. One reported that it was nearly incomprehensible, another reported that it's written poorly, and yet another military judge reported that it's flawed horribly.
The new law has, complicated trials that involve the two most common allegations in the military which are the victims that allege that they have been sexually assaulted by an acquaintance, and victims who were intoxicated at the time of the assault. The result is confusion with regard to the law which can result in an injustice.
Therefore the sexual assaults continue to occur in the military. In 2009, nearly 1% of men on active duty and over 4% of women on active duty women reported unwanted sexual contact. In fiscal year 2010, the military services completed investigations of over 3,200 suspects in crimes that were sex related. Of the crimes that were investigated, 16% of the suspects faced a court martial.
In 1991, as a result of the Tailhook affair where naval aviators were caught aggressively groping women at a Las Vegas convention, there was increased political scrutiny of the way the military handled sexual misbehavior. In early 2004 there were reports of sexual assaults on female troops in Iraq and consequently Congressional involvement increased. Then the Pentagon established an office that was intended to respond to and prevent sexual assault. In addition, the lawmakers directed the Pentagon to review the Uniform Code of Military Justice or military laws one year later.
Ultimately, the Pentagon reported that no changes were required in an 826 page report. However, Congress disagreed and, as a part of the defense authorization bill in 2006, rewrote the sexual assault provisions. It was clear that the lawmakers wanted to protect victims and help prosecutors.
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