WASHINGTON – Former sex crimes prosecutor and U.S. Senator Claire McCaskill today released the following statement after the Senate voted 97-0 to approve legislation she introduced with Senators Kelly Ayotte and Deb Fischer to further bolster the already historic reforms recently enacted to curb sexual assault in the military:
“Unanimous agreement in the U.S. Senate is pretty rare-but rarer still is the kind of sweeping, historic change we’ve achieved over the past year in the military justice system. Today the Senate voted to strengthen even further what is now one of the most victim-friendly justice systems in the world, in which every victim will get their own lawyer, commanders will be held accountable, and more perpetrators will see the inside of a brig. I’ll continue fighting alongside Senators Ayotte and Fischer to get this bill across the finish line, and continue overseeing the aggressive implementation of these many historic reforms.”
Under the Victims Protection Act, the “good soldier” defense for servicemembers accused of assault would be been banned under most circumstances, and victims will be allowed formal input in whether their case is tried in military or civilian court. Other provisions include: allowing sexual assault survivors to challenge their discharge or separation from service, strengthening the role of the prosecutor in advising commanders on going to court-martial, boosting accountability of commanders for addressing sexual assault & setting appropriate command climate, and extending protections to the Military Service Academies .
McCaskill helped shape and pass historic legislation to curb sexual assault in the military as part of last year’s annual defense bill, which resulted in a host of reforms already being implemented, including:
Stripping commanders of the ability to overturn jury convictions,
Requiring civilian review if a commander declines to prosecute a case,
Assigning victims their own independent legal counsel to protect their rights and fight for their interests,
Mandating dishonorable discharge for anyone convicted of sexual assault,
Criminalizing retaliation against victims who report a sexual assault,
Eliminating the statute of limitations in rape and sexual assault cases,
And reforming the pre-trial “Article 32” process to better protect victims.