This week, the Senate began debate on the issue of sexual assault in the military, focusing on the Military Justice Improvement Act (MJIA) (S. 1752), sponsored by Sen. Kirsten Gillibrand (D-NY), and the Victims Protection Act (S. 1917), sponsored by Sen. Claire McCaskill (D-MO). The debate highlighted differing views on whether military commanders or military prosecutors are best equipped to address military sexual assault.
Current law requires the secretaries of the military departments and commanders who convene courts-martial to review sex-related cases forwarded by judge advocates. The MJIA would require the military secretaries to determine whether to try sexual assault cases by court-martial, thus removing such cases from the military chain of command. The cases would be tried by military prosecutors with significant experience in sexual assault cases.
Conversely, under the Victims Protection Act, military commanders would retain their authority to discipline their troops and to overrule military court rulings on sexual assault cases. Military judges and attorneys would be involved in sexual assault cases and a civilian panel could decide to review cases commanders forego.
The Senate blocked further consideration of the MJIA when the measure failed to garner the 60 votes needed to end debate on the measure; the bill was tabled by a vote of 55-45. Following a unanimous vote, 100-0, to proceed to final consideration of S. 1917, the Senate is scheduled to vote on the bill next week.
