Senator Claire McCaskill is taking the Pentago to task after an Air Force General overturned a colonel’s conviction for rape and freed the suspect from prison at the Aviano Air Base in Italy.
A day after she introduced legislation to curtail that authority, McCaskill heard directly from sexual assault survivors at an Armed Services Committee hearing.
“Rape is the crime of a coward—and rapists in the ranks are masquerading as real members of our military,” said McCaskill, a former Jackson County Prosecutor and a senior member of the Senate Armed Services Committee. “The focus of our efforts should be on effective prosecution. There’s no reason a General who’s never heard the testimony of factual witnesses should be able to wipe out a verdict with the stroke of a pen.”
The panel included Rebekah Havrilla, BriGette McCoy, and Brian Lewis, all of whom were sexually assaulted while in the military. Anu Bhagwati, the executive director of the Service Women’s Action Network (SWAN) was also on the panel.
“When my situation came to light there was an eerie silence that emanated from the JAG office,” said Lewis in response to a McCaskill’s question regarding his access to legal services.
“Investigations need to be done promptly and professionally, with victims wrapped in good information, solid support, and legal advice,” McCaskill said.
McCaskill’s legislation would curtail the authority of military commanders to dismiss jury convictions against sex offenders, while also requiring written justifications when sentences are lessened or commuted.
McCaskill met with Air Force Chief of Staff Mark Welsh as well as members of the JAG corps to discuss her legislation and question them on the Aviano case and the Air Force approach to sexual assault prosecutions. She had previously written Welsh calling for a review, and possible ouster, of General Franklin for his actions dismissing the case that arose out of an incident at Aviano Air Base, in Italy.