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| US defense secretary pushes for overhaul of military sexual assault cases | US defense secretary pushes for overhaul of military sexual assault cases |
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| US defense secretary Chuck Hagel has recommended that Congress change military law so that commanders can no longer overturn convictions in military court for sexual assault and other major offences, he announced on Monday. | US defense secretary Chuck Hagel has recommended that Congress change military law so that commanders can no longer overturn convictions in military court for sexual assault and other major offences, he announced on Monday. |
| The proposed changes follow widespread outrage over the overturning of the conviction of a US air force officer found guilty of aggravated sexual assault, in a case which victims groups said was symptomatic of the military's failure to address an "epidemic" of sexual assault. Lt Col James Wilkerson, of Aviano air base in Italy, was found guilty and sentenced to a year in prison, but his conviction was overturned by Lt General Craig Franklin, the 3rd air force commander, and he was quietly re-assigned. | The proposed changes follow widespread outrage over the overturning of the conviction of a US air force officer found guilty of aggravated sexual assault, in a case which victims groups said was symptomatic of the military's failure to address an "epidemic" of sexual assault. Lt Col James Wilkerson, of Aviano air base in Italy, was found guilty and sentenced to a year in prison, but his conviction was overturned by Lt General Craig Franklin, the 3rd air force commander, and he was quietly re-assigned. |
| Article 60 of the Uniform Code of Military Justice gives power to "convening authorities" or commanders to set aside a conviction or decrease punishment after a court-martial, a power that has come under increased scrutiny following the Wilkerson case. In a statement, Hagel said the proposal would strip the ability of a convening authority to dismiss the verdicts of a court martial, except for certain minor offences. The accused would still be able to appeal their cases. | Article 60 of the Uniform Code of Military Justice gives power to "convening authorities" or commanders to set aside a conviction or decrease punishment after a court-martial, a power that has come under increased scrutiny following the Wilkerson case. In a statement, Hagel said the proposal would strip the ability of a convening authority to dismiss the verdicts of a court martial, except for certain minor offences. The accused would still be able to appeal their cases. |
| Victims groups welcomed the proposed changes, but said that it fell short of the measures necessary to combat the "epidemic of sexual assault". | Victims groups welcomed the proposed changes, but said that it fell short of the measures necessary to combat the "epidemic of sexual assault". |
| In a statement, Nancy Parish, of Protect Our Defenders, said that while the changes would would stop commanders overturning convictions, they would still allow them to reduce sentences. | In a statement, Nancy Parish, of Protect Our Defenders, said that while the changes would would stop commanders overturning convictions, they would still allow them to reduce sentences. |
| Parish said: "The Aviano case has shown the world that our military's justice system is fundamentally flawed. Article 60 in the UCMJ is only one part of much larger fundamental problems. Today's proposed changes from the Pentagon fall short of the necessary fixes to end the epidemic of sexual assault in the military." | Parish said: "The Aviano case has shown the world that our military's justice system is fundamentally flawed. Article 60 in the UCMJ is only one part of much larger fundamental problems. Today's proposed changes from the Pentagon fall short of the necessary fixes to end the epidemic of sexual assault in the military." |
| Parish said that they have never disputed that incidences like the Aviano case were rare, and said: "But, we have always contended that the more insidious problem is that convening authorities can unilaterally lessen sentences and today's announcement does not change this." | Parish said that they have never disputed that incidences like the Aviano case were rare, and said: "But, we have always contended that the more insidious problem is that convening authorities can unilaterally lessen sentences and today's announcement does not change this." |
| She said that, under the current proposal, "In the Aviano case, rather than setting Lt Col Wilkerson's sexual assault conviction aside Lt General Franklin could have simply reduced the sentence to no punishment." | She said that, under the current proposal, "In the Aviano case, rather than setting Lt Col Wilkerson's sexual assault conviction aside Lt General Franklin could have simply reduced the sentence to no punishment." |
| Anu Bhagwati, executive director of Service Women's Action Network (Swan) and a former marine corps captain, said: "In light of the perceived travesty of justice in the recent Aviano case, Swan is encouraged by secretary Hagel's proposals to reform Article 60. The Department of Defense has effectively acknowledged that commanders currently have undue influence on post-trial decision-making." | Anu Bhagwati, executive director of Service Women's Action Network (Swan) and a former marine corps captain, said: "In light of the perceived travesty of justice in the recent Aviano case, Swan is encouraged by secretary Hagel's proposals to reform Article 60. The Department of Defense has effectively acknowledged that commanders currently have undue influence on post-trial decision-making." |
| Bhagwati said: "However, post-trial review is only one component of the command-driven system that currently governs how military crimes are handled. Unless pre-trial decision-making around investigation and prosecution of offences is also removed from the hands of commanders and given to impartial prosecutors, military criminal justice will remain a lesser form of justice, both for victims and defendants." | Bhagwati said: "However, post-trial review is only one component of the command-driven system that currently governs how military crimes are handled. Unless pre-trial decision-making around investigation and prosecution of offences is also removed from the hands of commanders and given to impartial prosecutors, military criminal justice will remain a lesser form of justice, both for victims and defendants." |
| Hagel ordered a review of Article 60 in March after Franklin, the 3rd Air Force commander and convening authority for Wilkerson's court-martial, dismissed the charges against him. | Hagel ordered a review of Article 60 in March after Franklin, the 3rd Air Force commander and convening authority for Wilkerson's court-martial, dismissed the charges against him. |
| In a statement which acknowledged that sexual abuse is "damaging our institution" Hagel said:"These changes, if enacted by Congress, would help ensure that our military justice system works fairly, ensures due process, and is accountable" | In a statement which acknowledged that sexual abuse is "damaging our institution" Hagel said:"These changes, if enacted by Congress, would help ensure that our military justice system works fairly, ensures due process, and is accountable" |
| "These changes would increase the confidence of service members and the public that the military justice system will do justice in every case." | "These changes would increase the confidence of service members and the public that the military justice system will do justice in every case." |
| Hagel said the move had the "full support" of the joint chiefs and the service secretaries. | Hagel said the move had the "full support" of the joint chiefs and the service secretaries. |
| The secretary said he is reviewing other options to strengthen the department's sexual assault prevention and response efforts, and he will announce his decisions soon. | The secretary said he is reviewing other options to strengthen the department's sexual assault prevention and response efforts, and he will announce his decisions soon. |
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