“U.S. Sens. Kirsten Gillibrand (D-N.Y.), Chuck Grassley (R-Iowa) and I recently announced that we will offer the bipartisan Military Justice Improvement Act as an amendment to this year’s National Defense Authorization Act. The Military Justice Improvement Act would professionalize how the military prosecutes serious crimes by moving the decision over whether to prosecute them to independent, trained, professional military prosecutors.
Despite years of Congressional reforms, thousands of service members are raped and sexually assaulted every year. In many of those cases, the assailant is someone in the survivor’s own chain of command. Only a small fraction of the perpetrators are ever held accountable for their violent crimes. Last year, the Department of Defense announced a record number of sexual assaults reported by or against service members, and yet, less than 10 percent of cases considered for command action ever proceeded to trial. Worse yet, despite repeated efforts to stamp out the scourge of retaliation against military sexual assault survivors, the most recent Pentagon survey found that 64 percent of survivors say they have experienced some form of retaliation for reporting the crime. That figure is statistically unchanged from 2016.”
I can honestly say no one is looking in this because at this point, no one cares. I just looked at the suicide rate right now in the Navy and it is now reported 43 for the year so far. I looked at it on Wednesday of last week and it was at 37. What the heck is going on and when will someone anyone going to start caring about the men and women in our Armed Forces? We need to respect the flag AND the men and women who defend it and save their lives like they do us. We all need to write to our senators and congressional staff. We need The Brandon Act passed and quickly.
I’m going to explain what “The Brandon Act” is. It is designed to be a safe word that men and women in our Armed Forces can use if they are subjects of any kind of abuse whether it’s physical, emotional or mentally. Abuse comes in many, many forms to include bullying, hazing, threats, sexual, abusive leadership, and any kind of mental and emotional abuse. These are just a few abusive tactics that can be done to someone. “The Brandon Act” protects those who come forward asking for help. It is designed for these men and women to come forward and get the help they need and if the abuse merits it, the sailor or troop will have a right to ask to be reassigned to another command or unit without any retaliation whatsoever from anyone in their current command or their next assignment. Our hope is to bring suicides to an end and by using this “Act” will hopefully allow them the courage to get help when they need it and get them healed and back on the right path. This “Act” is in front of Congress right now and hopefully very soon, they will approve and pass it once it’s completely written. Thank you for reading. #thebrandonact
-Patrick and Teri Caserta (Brandon Caserta’s parents)
Sailor’s Death at Naval Station Norfolk Ruled Suicide:
Sailor’s death at Naval Station Norfolk ruled suicide. -WAVY TV 10 (June 26, 2018)
Peoria Family Hopes for Change in Military Culture After Son Takes His Own Life:
As Teri Caserta entered her son’s bedroom in their Peoria home, she broke down. It’s an emotion that Teri and her husband Patrick Caserta will always carry with them. Their son Brandon was in the United States Navy from 2015 to 2018. However, at just 21, Brandon would take his own life. -ABC 15 Arizona (June 14, 2019)
Parents of Norfolk-Based Sailor Who Committed Suicide Want Changes:
Brandon Caserta, 21, was a sailor. He died by suicide while stationed in Norfolk. His parents hope new legislation will protect future military men and women. -13 News Now (October 4, 2019)
Navy AEAN Brandon Caserta was stationed with the Helicopter Combat Sea Squadron 28 (HSC-28) at Naval Station Norfolk in Virginia when he died by suicide on June 25, 2018. While Brandon’s parents were on the phone with Navy leadership at the Squadron, Brandon walked out on the flight line, apologized to the plane captain (who is in-charge of the flight line), and hurled himself into a helicopter rotor, dying instantly. AEAN Caserta had a brief career with the Navy and it didn’t turn out the way he had hoped. He had failed Special Warfare Training and was transferred into a new career field as a result. And then unexpectedly Brandon broke his collar-bone in a bicycle accident, which also negatively impacted his Navy career. At the moment Brandon Caserta made his final walk out to the flight line, his father Patrick Caserta was on the phone with the command expressing concern for his son’s welfare. Patrick was making plans to fly out to Naval Station Norfolk to explore his son’s legal options.
Desperate for answers, the Casertas reached out to Brandon’s chain of command and friends but eventually everyone stopped responding. The Casertas were told by many friends in Brandon’s command that leadership ordered a cessation of communications. Before the silence, Brandon’s friends shared that they thought he appeared to be suffering from depression, feelings of worthlessness, and anger, hence the reason he left a note asking the Navy be held accountable. As a result of the information gleaned from the note and those who knew Brandon, the HSC-28 conducted an investigation of itself; basically the fox guarding the henhouse. Although they knew months in advance of the problems, the report did note that Brandon’s supervisor had a history of berating and belittling those who worked for him. As a matter of fact, this supervisor could have been court-martialed under UCMJ Article 93, Cruelty and Maltreatment, but he wasn’t. Instead, Military.com reports he received no punishment and was transferred with a “declining evaluation” (and this was only after it was heard and reported that he made “derogatory and inflammatory comments concerning the deceased”).
“I want to see as many people fired, kicked out or, at the very least, lose rank.” -Brandon Caserta, U.S. Navy
According to Military.com, the Navy’s suicide rate in 2018 was the highest it’s ever been. And it was reported that a post-mortem analyses of suicides in the military usually showed the victim “faced major issues like financial problems, relationship problems, medical issues, and mental health conditions.” The military reporter reached out to Dave Matsuda, an anthropologist at California State University-East Bay, who researched and studied a suicide cluster among soldiers in Iraq in 2010. Matsuda’s research found some non-commissioned officers (NCOs) and officers in the chain of command made their subordinates’ lives a “living hell.” Matsuda also added that although the “bad leaders weren’t fully responsible for the suicides, they helped push the soldiers over the edge.” But in a system where the Navy is investigating the Navy, we have learned that the Chain of Command isn’t going to admit there is a problem. They have a history of blaming the victim and/or scapegoating an enlisted NCO or lower ranking military officer.
Brandon’s father, Patrick Caserta, a retired U.S. Navy sailor himself, asserts the Command was “so hostile, corruptive and unethical,” that they tormented Brandon and drove him past the brink of despair. Patrick and Teri Caserta wholeheartedly believe the command murdered their son. Patrick reminded us that the military talks about trauma, exposure to war, and mental health, but they don’t talk about harassment and bullying. He believes military leadership do not want to admit harassment, bullying, and retaliation happen or admit they are at fault. In the days and weeks that followed their son’s death, Patrick and Teri also learned from those who worked with Brandon that they were all dealing with a high operational tempo and manpower shortfalls. Brandon’s co-workers believed “personal issues were not a high priority and Brandon’s death could have been prevented.” And an anonymous message sent to the squadron commander on June 18, 2018 revealed the abuse was ongoing before Brandon died.
According to the message, Brandon’s supervisor called subordinates his “bitches,” referred to the chiefs as “douchebags” and “dumbasses” behind their backs, and “treated workers worse than garbage” and “like dogs.” –Military.com (June 8, 2019)
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Military.com reported that Brandon Caserta’s death was one of 68 Navy suicides in 2018. They also reported the rise in military suicides appears to mirror an increase in suicides among the general U.S. population. Suicide experts are struggling to understand why so many are dying by suicide. Some factors for suicide risk, according to the Centers for Disease Control (CDC), include “spending time in prison or jail, having a mental health disorder or a substance abuse problem, experiencing family violence, a history of suicide, and having guns in the home.” Brandon’s family believes their son’s suicide was a direct result of toxic leadership, one superior who harassed and bullied Brandon, pushing him over the edge. According to Army Doctrine Publication 6-22, a toxic leader “operates with an inflated sense of self-worth and from acute self-interest,” consistently using “dysfunctional behaviors to deceive, intimidate, coerce, or unfairly punish others to get what they want for themselves.” Although it appears there are multiple variables that impact when a service member chooses to die by suicide, the experts need to find out the why so we can save our service member’s lives. What is happening in their environment that makes them feel like suicide is the only way out?
The directive states, toxic leaders exhibit a combination of “self centered attitudes, motivations, and behaviors that have adverse effects on subordinates, the organization, and mission performance.” –Military.com (June 8, 2019)
Military.com reported that one of Brandon’s co-workers helped shed some insight into the toxic climate at the Navy’s HSC-28 squadron. He accused leadership of deploying personnel in retaliation for speaking up and not doing as they are told. This particular individual requested that he remain at the squadron when his wife got sick because he needed to support her and their two girls. But his leadership was going to deploy him with a detachment anyways. So he filed an Inspector General complaint and thankfully was transferred out of the squadron in a couple weeks. He believes Navy personnel have a “fear of retribution” because the command is resentful of the service members who can’t deploy. Brandon’s family experienced a form of retaliation as well. The unit held a memorial service for Brandon four days after he died but Patrick and Teri said they were not invited by anyone in the HSC-28 command. Patrick Caserta believes the family was excluded out of sheer pettiness; leadership wanted to continue to conceal and coverup what truly happened. Regardless of the reason, it was a violation of Navy policy.
“Navy policy states that the command should provide round-trip travel and allowances to family members to attend a command memorial service.” –Military.com (June 8, 2019)
On May 31, 2019, after the command learned that Military.com had made phone calls regarding the Casertas’ allegations, Navy personnel indicated there was a “culture of fear” at the squadron. The Casertas are so angry and distraught that communications have stopped that they offered a $25,000 reward to anyone who came forward with information that “lead to successful prosecution of individuals in their son’s chain of command.” They have also met with the congressional staff of at least a dozen senators and representatives, including Senator Tim Kaine (D-VA) and Senator Kyrsten Sinema (D-AZ) to discuss “the treatment they and Brandon received, request an independent investigation, and promote efforts to prevent suicide linked to toxic leadership.” They also would like to see the Navy implement Brandon Caserta’s request in his suicide note regarding the re-rate process: “sailors who don’t complete the training for the rate they initially sought should be able to select any other training they qualify for with their Armed Services Vocational Battery (ASVAB) test results.”
Anthropologist Dave Matsuda told Military.com that to truly address the problem of suicide in the armed forces, “all the services need to consider ‘toxic leadership’ when analyzing the deaths of each individual.” If we understand the why, we can prevent suicide. Matsuda also believes operational leaders should not rely on “the boot camp strategy of breaking people down to build them back up.” Matsuda concluded with the assertion that indeed a toxic command climate can trigger suicidal behavior. One year later, Patrick and Teri Caserta are determined to get justice for their only son, because they believe this tragedy could’ve been prevented. The pair also report that Congress is drafting “The Brandon Act,” which is “federal legislation aimed at ending military suicides, holding commanders accountable, and halting the bullying and hazing that occurs within military ranks.” Please contact both the Senate Armed Services Committee (SASC) members and the House Armed Services Committee (HASC) members and your Senators and Representative to ask that they too support our troops by supporting The Brandon Act. Our service members deserve a chance at a beautiful life post military.
“The Brandon Act” is designed to be a safe word that men and women in our Armed Forces can use if they are subjects of any kind of abuse whether it’s physical, emotional or mentally. Abuse comes in many, many forms to include bullying, hazing, threats, sexual, abusive leadership, and any kind of mental and emotional abuse. These are just a few abusive tactics that can be done to someone. “The Brandon Act” protects those who come forward asking for help. It is designed for these men and women to come forward and get the help they need and if the abuse merits it, the sailor or troop will have a right to ask to be reassigned to another command or unit without any retaliation whatsoever from anyone in their current command or their next assignment. Our hope is to bring suicides to an end and by using this “Act” will hopefully allow them the courage to get help when they need it and get them healed and back on the right path. This “Act” is in front of Congress right now and hopefully very soon, they will approve and pass it once it’s completely written. Thank you for reading. –Justice for Brandon Caserta on Facebook (June 20, 2019) #TheBrandonAct
Law protecting military victims of sexual assault discussed. -WDTN-TV (May 1, 2018)
“In civilian life you have complete control of your movements, and if you’re in an unsafe situation you can remove yourself. In military life, the victim needs permission to take even basic self-preservation actions.” (Rep. Mike Turner, December 25, 2011)
“It’s been almost ten years since that law for expedited transfers on base for sexual assault victims was changed. But today Congressman Turner and Mary Lauterbach both say there’s still more work to be done. Now backtracking to 2007 when Maria Lauterbach reported her sexual assault, the Vandalia Marine requested a base transfer and it was denied, leaving her in close proximity to her assaulter. Since her death, her mother has worked with Turner to get that law changed where victims can now seek that expedited transfer…Today, Turner’s saying even with that law passed those who report sexual assault in context of domestic violence have not been permitted expedited transfer, bringing forth the persist against Military Sexual Trauma Act. ‘We have drawn legislation that would close that loophole and make certain that those who are subject to domestic violence also have the ability, as victims of sexual assault, to seek the expedited transfer’ (Rep. Mike Turner). This will be included in the National Defense Authorization Act (NDAA) which will pass the House of Representatives next week.” –WDTN-TV (May 1, 2018)
In the News:
Critics say the military needs to do more about domestic violence against women. A CBS News investigation found more than 25,000 women have been victimized over the past decade. -CBS Evening News (January 28, 2009)
Rep. Bruce Braley introduces the Holley Lynn James Act — a bill to help victims of sexual assault and domestic violence in the military get justice. The bill is named after Holley Lynn James, a constituent of Rep. Braley who was killed by her husband while both were in the service. -[Former] Representative Bruce Braley (April 12, 2011)
The man found dead in Germantown is ID’s as Adam Anthony Arndt; teen ID’d as Michelle Miller. -ABC 7 WJLA (April 8, 2013)
New provisions handed down from the Department of Defense are giving sexual assault victims in the military rights they never had before. It’s all thanks to the fight from Congressman Mike Turner and a local mother Mary Lauterbach. The provisions make certain that a victim has legal counsel throughout the whole process so they understand what their legal rights are and how to protect themselves. The provisions also remove the accused from the situation and not the victim. -WKEF/WRGT (August 15, 2013)
A major hurdle cleared for sexual assault victims in the military. Congress passed a bill that would give victims rights and protection they never had before. The push came after the tragic murder of local marine Maria Lauterbach and her unborn son. Congress approved a bill that would give military sexual assault victims legal counsel and criminalize retaliation against any victim. “If Maria had had this, she would be alive today, it’s very important.” The bill now heads to President Barack Obama for his signature. -WKEF/WRGT (December 20, 2013)
Morris’ death in 2012 was ruled a suicide. -WMAR-2 News (August 10, 2015)
First Class Private Shadow McClaine’s body was discovered earlier this week and investigators arrested two fellow soldiers. -CBS Sacramento (January 28, 2017)
The family learned Kamisha Block was shot and killed while serving in Iraq. The Department of Defense told the Block family Kamisha was shot in the chest by friendly fire. It would take the family a grueling six months to learn the truth. The petition to ask for a congressional hearing set up by Shonta on change.org says: “I am begging for justice. I want the army to be held accountable.” -12 News Now (February 12, 2019)
A Marine colonel’s wife mourns her husband’s death in the Iraq war. Authorities said it was suicide, but she said he was murdered. -CBS News (March 29, 2019)
As Terri Caserta entered her son’s bedroom in their Peoria home, she broke down. It’s an emotion that Terri and her husband Patrick Caserta will always carry with them. Their son Brandon was in the United States Navy from 2015 to 2018. However, at just 21, Brandon would take his own life. -ABC 15 Arizona (June 14, 2019)
The gunman behind the fatal shooting at Joint Base San Antonio-Lackland has been identified as Steven D. Bellino, a former FBI agent who later enlisted in the US Air Force. Bellino was an FBI agent for less than two years before resigning in 2013. Authorities have not confirmed why Lt. Col. William A. Schroeder was targeted in the murder/suicide attack.
On March 10, 2016 the United States Air Force Court of Criminal Appeals upheld United States v. Jane Neubauer, United States Air Force. Is this another case of federal government overreach and denial of due process rights? I think John Q Public‘s assessment of this case speaks volumes of the real issues behind the Command directed prosecution of an airman who blew the whistle after being recruited as an Office of Special Investigations (OSI) confidential informant. The same OSI office she exposed ended up investigating and assisting with her prosecution. This is yet another example of the importance of letting an impartial law enforcement official and prosecutor make decisions about whether to investigate, who should investigate, who to investigate, and whether or not they have the evidence to move forward with a case. The moment a military member asks for an attorney, all criminal justice communications with Commanders and their investigators must cease. Every accused military member should be represented by counsel and afforded their due process rights throughout the entire investigation including collection of evidence. Learn more about your due process rights here.
“There have been many sexual assault accusations far less credible than the accusation made by this Airman. Many that were enthusiastically pursued by prosecutors despite their frailty … many that did not result in disciplinary actions when they were revealed to have been false.
So, what was so special about this accusation?
Well, she was an OSI informant, and the situation cast OSI in an extremely negative light at a time when the OSI informant program was already under fire. The same organization that recruited her right out of BMT to help investigate drug activity at Keesler AFB conducted the investigation that eventually resulted in her prosecution.
If she’s wrong … if she’s bad … if she’s a liar … then obviously she’s the problem. She’ll absorb the negative attention and culpability … leaving OSI and its shady actions in this debacle comfortably out of the limelight.
Another example of prosecutorial inconsistency and arbitrariness in the USAF … demonstrating that it’s not operating an impartial justice system, but a score-settling control device on behalf of the chain of command.” ~John Q Public
Amy discovers that her boyfriend’s war game unfolds very differently when the player chooses a female character. -Inside Amy Schumer, Comedy Central (August 26, 2014)
The sketch says it all… there’s a reason the majority of service members don’t report crime. Character assassination and retaliation is real for both male and female victims of crime in the military. Their lives, reputations, careers, and futures are dependent on the actions of the convening authority who has the power to do nothing. In the civilian world, after reporting a crime to the local police department and evidence is gathered, a prosecutor determines whether or not a case moves forward in the judicial system. The Military Justice Improvement Act (MJIA) attempts to mirror this process and was reintroduced in June 2019, yet again was not allowed on the Senate floor for a vote. The last cloture vote on the way the military should handle felony crimes was on March 6, 2014. Invoking cloture means 60 Senators or two-thirds is required for passage of a bill as opposed to the majority of Senators. The biggest opponents of the MJIA were former Senator Claire McCaskill (D-MO) and former Senator Kelly Ayotte (R-NH), both since voted out of the Senate and replaced by Senator Joni Ernst (R-IA) and Senator Martha McSally (R-AZ). This pair of military officers are proponents of keeping the Chain of Command involved in the decision making process of adjudicating felony crime despite what the majority of military sexual assault survivors have asked for because the fear and retaliation continues. Meanwhile, the fight for military justice reform rages on. #PassMJIA
Sen. Claire McCaskill is on the verge of a historic victory reforming the Pentagon’s sexual assault policies.
But rather than basking in acclaim during the debate’s climatic week in the Capitol, the Missouri Democrat finds herself paying a political cost for being an outlier within her own caucus. She’s the only one of the Senate’s 16 Democratic women opposing a much more sweeping change that removes the chain of command from prosecuting sexual assault and other major military crimes.
“Dear @clairecmc Thanks 4 railroading the Military Justice Improvement Act. Is it true that you have never served a day in your life? #MJIA,” Jennifer Norris, a Maine-based Air Force veteran who works with sexual assault victims…tweeted, referring to Gillibrand’s legislative proposal by its official name. -Politico
Editor’s Note: It appears the original tweet has disappeared and it was never deleted by Jennifer Norris. Also the tweet is not on the web version of the article but is still part of the mobile version of the article.
Washington, D.C. — U.S. Senator Kirsten Gillibrand’s office released the following facts today. Any of the following can be attributed to Senator Gillibrand’s office:
Today we heard more of the same in opposition to the bipartisan coalition sponsoring the Military Justice Improvement Act. This carefully crafted legislation supported by 44 Senators from both sides of the aisle seeks to reverse the systemic fear that numerous victims of military sexual assault have told us they have in deciding whether to report the crimes committed against them due to the clear bias and inherent conflicts of interest posed by the military chain of command’s current sole decision-making power. According to the 2012 SAPRO Report, 25% of women and 27% of men who received unwanted sexual contact indicated the offender was someone in their military chain of command.
According to DOD, 50% of female victims stated they did not report the crime because they believed that nothing would be done with their report. Even the current top military leadership admits the current system “has failed” and victims do not come forward because “they don’t trust the chain of command.” The bill is supported by the International Federation of Professional & Technical Engineers (IFPTE), and all the leading victim’s advocates groups, including but not limited to, Service Women’s Action Network (SWAN), Protect Our Defenders (POD), Iraq and Afghanistan Veterans of America (IAVA), the National Women’s Law Center, Vietnam Veterans of America, The National Alliance to End Sexual Violence (NAESV), plus former Generals, former JAG officers and survivors of sexual assault across the country.
This legislation was drafted in direct response to the testimony heard in the Armed Services Subcommittee on Personnel from victims of sexual assault in the military, and the testimony of the military leadership. Unfortunately, in opposition to the victims, the full SASC committee chose to strike the Military Justice Improvement Act during the mark-up of the NDDA, protecting the current broken system.
The problem of sexual assault in the military is not new, neither are the pledges of “zero tolerance” from the commanders and senior members of the committee, which date all the way back to then-Secretary of Defense Dick Cheney in 1992. Below is a fact sheet correcting some of the misinformation used by opponents of the Military Justice Improvement Act:
Myth: Moving the decision over whether prosecutions move forward from the chain of command to independent military prosecutors will increase retaliation against victims. If an independent prosecutor, and not the commander, moves the case forward others will take it less seriously and retaliation will increase.
Fact: There is absolutely zero statistical or anecdotal evidence that would lend any credibility to this theory. Contrary to that theory, in the current DoD SAPRO survey, of those who responded they have been victims of USC, 62% say they have already been retaliated against which demonstrates the current chain of command structure some are seeking to protect is not working to protect victims. The idea that a commander putting forth the court martial “protects victims from retaliation” is directly rebutted by victims own reports, and ignores anecdotal evidence that commanders are also sometimes the assailant, or have conflicts of interest when a superior officer victimizes a lower ranking servicemember. Additionally, according to a 7 month investigation by the San Antonio Express, a survey of 1,200 service members who sought help since 2003 at the Military Rape Crisis Center found that 90% of victims who reported sexual assault where involuntarily discharged and diagnosed with mental disorders (an extreme form of retaliation).
Myth: We will have more prosecutions from within the chain of command because commanders move forward cases that civilian lawyers would not. Under the Gillibrand bill, if the lawyer doesn’t want to prosecute a case, it ends. Under the Levin bill, the commander can move forward even if the prosecutor doesn’t want to.
Fact: To claim keeping prosecutions inside the chain of command will increase prosecutions is not supported by the statistics. Of the DoD’s 26,000 estimated cases, only 2,558 victims sought justice by filing an unrestricted report and only an abysmal 302 proceeded to trial. A chain of command orientated system that produces only 302 prosecutions of 2,558 actionable reports is simply not holding enough alleged assailants accountable under any metric. The Military Justice Improvement Act will increase victims perception that they can receive an unbiased chance at justice, increasing unrestricted reporting and the number of successful prosecutions, which will put more sexual predators behind bars unable to victimize men and women in uniform again and again.
While the claim that under the Levin bill a commander can proceed against the lawyers recommendation is true, it omits the fact that rarely does a commander currently disagree with his JAG attorney. Additionally, it omits that in the current structure that the NDAA protects, the JAG making the recommendation to the commander is in the commander’s direct chain of command. Under the Military Justice Improvement Act, the JAG making the decision to proceed to trial would be independent of the commander and any possible bias from within the chain of command, such as the current ability for a commander to choose a jury pool.
Lastly, the argument that we should go all the way in the other direction by reducing the civil liberties of the accused does not adhere to the fundamental values of a fair and independent American justice system.
Myth: Critics say this lets the commanders off the hook. How can you hold them accountable when you reduce their power?
Fact: This is a false choice and just plain inaccurate. There is nothing about this proposal that lets commanders off the hook. Commanders will still be held accountable for setting the command climate whether or not they make this one legal decision. They are still fully responsible for and in control of their troops. In fact, this proposal leaves many crimes within the chain of command, including 37 serious crimes that are unique to the military, such as going AWOL or insubordination, in addition to all misdemeanor type crimes under Article 15. That’s why a law professor and former Air Force officer wrote in the New York Times, “Everything about the proposal takes military needs into account, except for the fact that military leaders don’t like change.”
Myth: Victims can already report the crimes committed against them outside of the chain of command.
Fact: Of course they can, but under the current system, regardless of whom you report the crime to initially, it ultimately ends up on the desk of the commander who becomes the sole decision maker over whether a case moves forward. The commander holds all the cards regardless of where the crime is reported and it is this bias in the system that keeps victims from coming forward and reporting the crime anywhere because they do not believe they can receive justice.
Myth: This proposal will lead to fewer trials since prosecutors are concerned about their win/loss record and will only recommend cases they can win.
Fact: This reflects a fundamental misunderstanding of how the military justice system works. JAGs move back and forth between defense and prosecution assignments, so they are less concerned about their prosecution numbers. Prosecutors are detailed to the billet for 2-3 years and take whatever cases are given to them by their department head. The department head takes the cases that are preferred/referred. Under our new structure the O-6 JAG would have the disposition authority to decide if a case proceeds to trial based on the strengths/weaknesses of the evidence. In the military, prosecutors are professionally graded on a whole host of matters – not just wins/losses. In fact, military prosecutors often receive praise from their superiors for being willing to take tough cases to trial.
Important Facts:
Of the Active Duty women who indicated experiencing USC and did not report it to a military Authority — 66 percent said they felt uncomfortable making a report.
Of the Active Duty women who indicated that they experienced USC and did not report it, 50 percent believed that nothing would be done with their report, and 43 percent heard about negative experiences other victims went through who reported their situation.
Of those women who experienced USC and did not report it, 47 percent indicated fear of retaliation or reprisal as the reason for not reporting.
Across the services, 74% of Females and 60% of Males perceived one or more barriers to reporting sexual assault.
Sen. Claire McCaskill is on the verge of a historic victory reforming the Pentagon’s sexual assault policies.
