Key Military Sexual Assault Reforms Dropped From Defense Bill

[Tx4obama]

Key Military Sexual Assault Reforms Dropped From Defense Bill

House and Senate leaders pre-negotiated a defense authorization bill on Monday that doesn't include Sen. Kirsten Gillibrand's (D-N.Y.) controversial amendment to remove military sexual assault cases from the chain of command.

The bill that will move forward does work to address the problem of military sexual assault, but several victim advocacy groups had considered Gillibrand's amendment to be the most essential proposed reform. Military sexual assault victims have said they are afraid to report their assaults because they don't trust the chain of command to handle their cases effectively. The Pentagon estimates that out of the 26,000 incidences of unwanted sexual contact that occurred in the military in 2012, only 3,000 were reported, and only 300 led to prosecutions.

"Congress has chosen to sidestep the most important military justice reform to come across its desk in history, once again leaving sexual assault victims devastated and betrayed by inaction," said Anu Bhagwati, executive director of the Service Women's Action Network and a former Marine Corps captain.

The agreed-upon bill would strip military commanders of the ability to overturn jury convictions, require a civilian review if a commander declines to prosecute a case, assign victims an independent legal counsel to protect their rights, mandate a dishonorable discharge for anyone convicted of sexual assault, criminalize retaliation against victims who report a sexual assault and eliminate the statute of limitations in rape and sexual assault cases.

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Full article here: http://www.huffingtonpost.com/2013/12/10/military-sexual-assault_n_4419029.html

p.s. Be sure to read the rest of the article at the link above.

[Tx4obama]

1. Additional article below

Gillibrand Sexual Assault Bill Dropped From Defense Authorization Agreement

An amendment by Sen. Kirsten Gillibrand (D-NY) to remove the prosecution of rape from the military chain of command has been excluded from a negotiated House-Senate deal to renew the defense authorization act.

The decision to drop the amendment from the National Defense Authorization Act (NDAA) is a blow to the senator's months-long efforts to build support for the measure. But her office insists it isn't going away and will be brought up separately in the Senate.

"We have been assured by the Majority Leader that we will get a separate vote," Glen Caplin, a spokesman for Gillibrand, told TPM. "The Senator will not go away, she will keep fighting to protect our brave men and women in uniform and to strengthen our military."

Before Thanksgiving, Gillibrand filed her Military Justice Improvement Act as a standalone bill that can bypass committee and be fast-tracked to the floor, her office said, pointing out that "don't ask, don't tell" passed the same way. Her office counts 53 senators in support of the bill.

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http://talkingpointsmemo.com/livewire/gillibrand-sexual-assault-bill-dropped-from-defense-authorization-agreement

[davidpdx]

3. Hopefully it will pass as a stand alone bill

But I think the odds decrease. Plus for cloture isn't 60 still needed on regular bills. I though the nuclear option was just for judicial appointments.

[Tx4obama]

4. Yes, for cloture on legislation 60 is still needed. n/t

[davidpdx]

5. Crap, so they'd have to convince 7 Republicans to vote for cloture

They probably could get Collins. Doesn't look good.

[Tx4obama]

6. And also The House would have to pass it too before Obama could sign it.

[davidpdx]

8. Yikes, very true

We all know with the Republican dominated House it would get shredded.

[Proud Liberal Dem]

2. Strange that this reform is considered so "controversial"

What is (or in some cases isn't) happening in these cases should be what's "controversial" IMHO

[SharonAnn]

7. Since women are th eprimary victims, it's not a priority.