Service members can file restricted reports confidentially and without triggering an investigation. Image: Alex Staroseltsev/Shutterstock.com
By: FEDweek StaffSexual assault cases will no longer be tried under the authority of the chain of command. With a change in the law that took effect at the end of last month, such crimes will now fall under a newly created Offices of Special Trial Counsel. Under this new hierarchy, the flag officer in charge of these trial counsels would report directly to the secretaries of their respective military departments.
The new offices are responsible for cases that involve murder, manslaughter, kidnapping, domestic violence and child pornography – in addition to those involving most sexual assault and misconduct. Sexual harassment will fall under the special trial counsels’ offices next Jan. 1, for crimes committed after that date in cases where formal complaints are substantiated.
The current new arrangement allows for service members who made an unrestricted report of sexual assault, to decide to take part in a criminal investigation and then support actions taken to hold the alleged perpetrator accountable. Each service will have sexual assault response coordinators available to help when reaching out to attorneys and any other persons or agencies that could provide assistance.
Service members can file restricted reports confidentially and without triggering an investigation, and still be able to reach out for any medical, legal or advocacy services they may need. They may also have the option of submitting their information to the Catch a Serial Offender Program.
The changes were prompted by the findings of an independent commission that reviewed the process of dealing with sexual assault in the military, which was established by Defense Secretary Lloyd J. Austin III. The commission’s actions prompted Congress to establish the new policy.
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