Top Military Officers Resist Proposal to Take Sexual Assault Cases Out of Chain of Command
June 4, 2013
By LUIS MARTINEZ, ABC News – The nation’s top military leaders have told Congress they have reservations about legislation that would remove commanders from the process of prosecuting sexual assault cases because, they say, it could ruin order and discipline in the ranks.
It’s a highly contentious issue: Recent high profile-incidents and new statistics indicating that sexual assault in the military is on the rise have increased support on Capitol Hill for legislation that would remove the chain of command from the prosecution of sexual assault cases.
The most controversial legislation, proposed by Sen. Kirsten Gillibrand, D-N.Y., has garnered bipartisan support. Deciding whether serious crimes, including sexual misconduct cases, should go to trial would be made by seasoned legal officers.
At Tuesday’s hearing, Gillibrand noted the importance of commanders’ setting the tone for a unit, but argued that not all commanders are qualified to deal with serious sexual assault cases. “Not every single commander necessarily wants women in the force, not every single commander believes what a sexual assault is, not every single commander can distinguish between a slap on the ass and a rape,” said Gillibrand.