Chain Of Command To Be Kept Involved In Military Sexual Assault Cases
U.S. Sen. Claire McCaskill,D-Mo., arguably won her most significant victory since her 2012 re-election with Thursday’s Senate vote in favor of her approach to fighting sexual assaults in the military.
Most significantly, her approach would keep sexual assault cases within the military chain of command, although she would restrict commanders’ powers to overturn jury verdicts in sexual assault cases and bar commanders from substituting lesser charges.
The Senate first narrowly rejected a rival plan, sponsored by Sen. Kirsten Gillibrand, D-N.Y, to remove sexual assault and other serious crimes from military commanders’ oversight. Instead Gillibrand would have shifted the power to refer cases for prosecution, including courts-martial, to military lawyers. While the Senate voted 55-45 on a procedural vote for Gillibrand’s approach, it was still five votes short.
The Senate then voted overwhelmingly for a narrower measure sponsored by McCaskill, which would bar the use of the “good soldier’’ defense in assault cases, unless the defendant’s character was key in connection with the alleged crime. Months ago, the Senate approved most of McCaskill’s major changes.
http://news.stlpublicradio.org/post/chain-command-be-kept-involved-military-sexual-assault-cases