To Eradicate Military Sexual Crimes, the US Plans 'Drastic Measures'... Stripping Commanders of Prosecution Rights

"Unwanted Sexual Contact Experienced" 36,000 People
Blocking Possibility of Crime Concealment and Reduction through Hierarchy

The United States has taken decisive action to eradicate sexual crimes within the military.

In cases of serious crimes such as sexual violence within the military, the military judicial system will be restructured so that an independent military prosecutor, rather than the commander, holds the prosecution authority. This measure is designed to fundamentally prevent commanders from concealing or downplaying sexual crimes occurring between unit members or through hierarchical abuse within their units.

Photo by AP [Image source=Yonhap News]

US CBS News reported that on the 28th (local time), President Joe Biden signed an executive order amending the Uniform Code of Military Justice (UCMJ) to assign prosecution authority for serious crimes such as sexual assault, domestic violence, child abuse, and murder committed by military personnel to independent military prosecutors instead of commanders.

A confidential survey conducted last year among US military personnel revealed that approximately 36,000 individuals experienced unwanted sexual contact. This number increased by 20,000 compared to a similar survey conducted in 2018.

Before the law was amended, commanders held both the investigative and prosecutorial authority over serious crimes such as sexual violence committed by their subordinates. This led to ongoing criticism that commanders might side with their subordinates, resulting in inadequate punishment.

Until now, the US military leadership had been very negative about stripping commanders of their prosecution authority in sexual crime cases within the military. They argued that commanders must retain prosecution rights to maintain military discipline. However, critics have demanded reform of the military justice system, stating that despite years of promises to eradicate sexual crimes, the military leadership has failed to improve the system.

According to the executive order, by December 27, each branch of the military must establish independent military prosecutor offices to handle serious crimes.

Defense Secretary Lloyd Austin established a panel immediately after taking office in 2021 to address this issue and has been seeking solutions.

US administration officials described this amendment as the most significant change in the military judicial system since the enactment of the Uniform Code of Military Justice in 1950.