Lawmakers press forward on sexual assault bill

Associated Press
Joint Chiefs Chairman Gen. Martin Dempsey arrives on Capitol Hill in Washington, Tuesday, June 4, 2013, to to testify before the Senate Armed Services Committee hearing on pending legislation regarding sexual assaults in the military.  Determined to stop sexual assault in the military, Congress is spelling out for the services how far lawmakers are willing to go in changing the decades-old military justice system. (AP Photo/Susan Walsh)
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WASHINGTON (AP) — Lawmakers are pressing forward with legislation aimed at stemming an epidemic of sexual assaults in the military.

The House is scheduled to vote next week on a defense policy bill that would take away the power of military commanders to overturn convictions in rape and assault cases. The legislation also would require that anyone found guilty of a sex-related crime receive a punishment that includes, at a minimum, a dismissal from military service or a dishonorable discharge.

The measures were adopted late Wednesday by the House Armed Services Committee, setting the stage for the full House vote.

The committee's action followed weeks of building frustration and outrage among Republicans and Democrats over the Defense Department's inability to eradicate sexual assaults in the ranks.

"This is clearly a systemic problem, and accountability is needed at every level, from everyone, officer and enlisted alike," said Rep. Niki Tsongas, D-Mass. Tsongas and Rep. Michael Turner, R-Ohio, wrote many of the sexual assault prevention provisions in the committee's bill.

"The word should go out clearly and strongly that if you commit a sexual assault in the military, you are out," Turner said.

By stripping commanders of their longstanding authority to reverse or change court-martial convictions, lawmakers are aiming to shake up the military's culture and give victims the confidence that if they report a crime their allegations won't be discounted and they won't face retaliation.

The Pentagon estimated in a recent report that as many as 26,000 military members may have been sexually assaulted last year, up from an estimated 19,000 assaults in 2011, based on an anonymous survey of military personnel. While the number of sexual assaults that members of the military actually reported rose 6 percent to 3,374 in 2012, thousands of victims were still unwilling to come forward despite new oversight and assistance programs aimed at curbing the crimes, the report said.

The vice chairman of the Joint Chiefs, Navy Adm. James A. Winnefeld, Jr., said Thursday his goal is to make commanders "more accountable, not less responsible."

"We have a sense of urgency for winning the battle against this insider threat, but results are what matters," Winnefeld said in remarks prepared for a Washington symposium that he called the largest gathering of military women in the world. "We need to give the services time for their efforts to work," he added.

The sexual assault prevention measures are part of a sweeping defense policy bill that the Republican-led Armed Services Committee pulled together during a daylong session. The $638 billion measure for 2014 includes $86 billion for the war in Afghanistan as well as contentious provisions on nuclear weapons and the U.S. military's detention facility for terrorist suspects at Guantanamo Bay, Cuba.

Despite the congressional clamor to cut the deficit, the committee bill rejects several Pentagon attempts to save money. It spares a version of the Global Hawk unmanned aircraft, rebuffs attempts to increase health care fees for retirees and their dependents, and opposes another round of domestic base closures.

In fact, the panel didn't just say no to more base closings, it went as far as including a provision barring the Pentagon from even planning for another round.

That drew ridicule from the committee's top Democrat, Washington state Rep. Adam Smith, who offered an amendment essentially eliminating the prohibition on the Pentagon thinking ahead. Smith said it made no sense to tie the Pentagon's hands as it faces smaller budgets. But Smith's amendment was soundly rejected, 44-18.

The committee approved an amendment to provide $140 million as a down payment to install ground-based interceptors at a new missile defense site on the East Coast to expand the country's defenses from a potential ballistic missile attack by Iran. The measure would require the site at a yet-to-be-determined location to be ready by 2018.

Overall, the bill fails to acknowledge the automatic, across-the-board spending cuts that Washington has grudgingly accepted. The cuts of $41 billion hit the Pentagon on March 1 and forced the military to furlough workers and scale back training.

The Pentagon faces deeper reductions in projected spending of close to $1 trillion over a decade, but the bill did not reflect that reality for next fiscal year. The Pentagon likely will have to cut $54 billion to meet the numbers dictated by the so-called sequester.

The committee's action on sexual assaults came one day after a high-profile Senate hearing during which senators questioned military leaders about the scourge in their ranks. The leaders conceded that they have been less than diligent in dealing with the problem but pushed back against far-reaching legislation to give the authority to level charges to a military prosecutor rather than the alleged victim's commander.

Military leaders are more receptive to the House provisions, which would strip commanders of the discretion to reverse a court-martial ruling except in cases involving minor offenses. Commanders would be barred from reducing a guilty finding by a court-martial to guilty of a lesser offense.

The committee also approved a provision that prevents senior officers from lessening a sentence handed down by a judge or jury.

The measure also would require that anyone found guilty of rape, sexual assault, forcible sodomy or an attempt to commit any of those offenses receive a punishment that includes a dismissal from military service or a dishonorable discharge.

The legislation eliminates the five-year statute of limitations on trial by court-martial for sexual assault and sexual assault of a child. It also establishes the authority for military legal counsel to provide legal assistance to victims of sex-related offenses and requires enhanced training for all military and civilian attorneys involved in sex-related cases.

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Associated Press writer Robert Burns contributed to this report.

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