Civilian court only fix for military sex crimes

[unhappycamper]

http://bostonherald.com/news_opinion/columnists/margery_eagan/2013/05/civilian_court_only_fix_for_military_sex_crimes

Civilian court only fix for military sex crimes
By Margery Eagan
Sunday, May 19, 2013

The U.S. military cannot fix its sexual assault epidemic any more than the Catholic Church could fix its own.

Yet, “We’ll fix this” were the words of Defense Secretary Chuck Hagel this week. “I have no tolerance for this,” said President Obama. Both referred to a Pentagon report estimating that 26,000 women and some men — up dramatically — were sexually attacked in the military last year. But only 3,374 cases were reported and 238 offenders were convicted. Meanwhile, outraged congressmen filed a flurry of bills.

But we’re seen and heard this all before, haven’t we? We’ve heard it repeatedly, actually, since 1991’s so-called Tailhook scandal, in which more than 100 Navy and Marine Corps officers allegedly assaulted at least 83 military women, and politicians vowed: No more.

In March, leading up to this latest round of outrage, we heard Navy Petty Officer Brian Lewis tell Congress that his superior ordered him not to report his rape by another superior. We heard former Army Sgt. Rebekah Havrilla testify that her Army chaplain called her rape God’s way to get her to return to church. And that her male investigator, over four hours, asked her to detail, repeatedly, exactly what her rapist was doing to her in each of the many photographs of the crime he posted online.

[libodem]

1. Sadly this is true

Many sex crimes go unpunished in the service. It is wrong and there needs to be a way to fix it.

[Downwinder]

2. Might answer the question, "Why do they hate us?"

Any surprise when it comes home?

[sarge43]

3. A lot of unanswered questions

1. Who investigates?

2. Would a civilian court have complete jurisdiction?

3. As part of a civil investigation, is the service member summarily discharged and remanded to civil authority?

4. Would the threats and retribution stop? Unlikely.

5. Why does Eagan believe civil courts would be more just and objective?

As long as the civil society writes off rape as the victim's fault, the military isn't going to change.

[Angleae]

4. Some of those answers are fairly simple

1: FBI or local police depending on where the crime was committed (on base = FBI, off base = local, foreign could be either)

2: Yes, why wouldn't it?

3: During investigation, no. They are still innocent until proven guilty. After conviction it depends on what the military wants to do with them.

4: It could if obstruction of justice charges get filed.

5: The main problem is getting the offenders to trial in the first place.

[sarge43]

5. good points. thanks

I'd like to have the FBI take over investigation. That could be a Come to Jesus moment for the commands that are hand waving this.

I'd still be concerned about post investigation/trial threats and retribution. There are many perfectly legal ways to make a serve member's life miserable.