Photo: SAUL LOEB / AFP / Getty Images
By: The opinion
Tuesday, November 5
Historic military justice reform seeks to end sexual abuse
One bipartisan legislation within Congress seeks to remove military commanders from decisions related to the prosecution of crimes such as rape and sexual assault, kidnapping, homicide and murder .
It is an effort that seeks radical changes in the way the Pentagon prosecutes sex crimes at the institution.
“This is a day of victory. People said it couldn’t be done. It is an honor that my client’s legacy lives on forever. His tragedy has allowed a new path, a new system, in our army , ”said Natalie Khawam, a lawyer for the family of soldier Vanessa Guillén.
Incomplete?
For its part, the defense group of the victims Protect Our Defenders (Protect Our Defenders ) was expressed in a statement: “The agreement to withdraw the impeachment decisions of the commanders represents an important but not complete victory , for survivors of sexual assault in the military. However, is the most significant military justice reform in our nation’s history ”.
For some, this achievement, despite setting a precedent, falls short of to what was originally planned. This is the case of Senator Kirsten Gillibrand , of the main promoters of the reforms.
He said that Congressional leaders “gutted” the language of the bill to appease the interests
A watershed
The watershed towards this change came with the death of the Hispanic soldier Vanessa Guillén , which unleashed a united national outrage in the voice of demand for a legislative reform that would end the “toxic culture” of sexual abuse inside the base of Fort Hood, as well as the cover-up pattern.
Eva Longoria, Salma Hayek and Gloria Estefan joined in supporting the family of the young soldier, who also had a lot of support among society.
From now on, reports of sexual harassment should be placed in the hands of an independent investigator outside the chain of command, this as a key demand of the Guillén family.
For decades, the military has fought to keep the last word in the chain of command in all matters such as the law military, since they justify that it is essential in maintaining the discipline, morale and preparation required by the armed forces. On the other side of the coin are those who say that tolerating abuse even by the uniformed represents a serious damage to morale.
This project would allow additional funds and personnel assigned to the Army Special Victims Council , and demands that the Department of Justice follow up on complaints of retaliation suffered by victims of sexual harassment or assault.
It would also create the Office of the Special Counsel in each branch of the armed forces, reporting to the civilian chief of the armed forces. However, the bill left out other key demands, such as the element promoted by the Guillén family to allow claims against the army for economic damages due to negligence, when the commanders ignored the allegations of abuse.
Keep reading:
– Another soldier is found dead at Fort Hood; just like Vanessa Guillén died at the military base
– The problem of sexual assault within the United States Army and why it is so difficult to solve
– Another Fort Hood Soldier Disappears