Should Military Crimes like Sexual Assault be Tried Outside the Chain of Command? (S. 2970)

What is S. 2970?

(Updated July 19, 2017)

S. 2970 focuses on changing the way courts-martial are handled to ensure that victims of crime in the military — especially of sexual assault — can have their cases taken care of outside the chain of command. Essentially, S. 2970 aims to protect victims from having their cases handled by superiors who might have a vested interest in dismissing the case, or overturning a verdict. 

S. 2970 would remove the decision to prosecute major criminal cases in the military (namely sexual assault) away from commanders, and give it to military lawyers in the court-martial process. 

The choice to try an offense by courts-martial (general or special) would be made by a commissioned officer of rank O-6 or higher. The officer must be: 

• Outside the chain of command of the person subject to the charges;
• Available for detail as a trial counsel; 
• Have significant experience in trials by general or special court-martial

The Secretaries of the military departments and the DHS Secretary would be directed to carry out S. 2970 using existing personnel, funds, and resources otherwise authorized by law.

An independent panel would also be established by the DOD Secretary to monitor and assess the efficiency of S. 2970's implementation.

Argument in favor

These changes to the court-martial process will prevent conflicts of interest that undermine the military justice system.

Argument opposed

This bill would reduce an officer's responsibility to those below him or her — thus reducing their incentive to prevent crime from occurring in the first place.

Impact

Victims, perpetrators, and those accused of crimes in the military, military officers O-6 or higher, commanding officers, the DOD, and the DHS.

Cost of S. 2970

A CBO cost estimate is unavailable.

Additional Info

In-Depth:

A 2012 survey conducted by the DOD found that 26,000 members of the Armed Forces had been sexually assaulted. Of those thousands, only 3,374 came forward to report the crime. The New York Times recently wrote a lengthy article discussing the problems that stem from commanding officers having the ability to dismiss or alter the outcome of cases that fall under their jurisdiction, especially in the case of sexual assault.

Senator Gillibrand has introduced this legislation multiple times before, but has faced opposition from members of Congress on military related committees, as well as the President. The last vote it received in the Senate had bipartisan support from 55 Senators, but fell short of the required 60 votes.