Biden Signs Order on Military Sexual Assault Cases

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Facts

  • US Pres. Biden on Friday signed an executive order formally implementing a law passed by Congress in 2022 taking away decisions about the prosecution of serious military crimes from victims’ commanders and giving the responsibility to independent military attorneys.1
  • The provision, which was part of last year’s defense bill, required presidential action because it requires a change to the Uniform Code of Military Justice.1
  • In a statement, the White House called the procedural changes “historic” and a “turning point for gender-based violence in the military.”2
  • The Offices of Special Trial Counsel is scheduled to be operational by the end of the year. Among the crimes it will deal with are sexual assault, domestic violence, child abuse, murder, manslaughter, and kidnapping.3
  • When passing this law, Congress took into account the recommendations about core accountability it received from the 2021 Independent Review Commission on Sexual Assault in the Military that was produced by the Dept. of Defense.2
  • Last year, reports of sexual assault in the US military jumped 13% — leading to the highest rate of sexual assault against women and the second-highest against men since the military began collecting data on the issue 20 years ago.4

Sources: 1Associated Press, 2ABC News, 3Roll Call, and 4UPI.

Narratives

  • Pro-establishment narrative, as provided by CNN. Finally, military members will be able to have confidence in a more trustworthy, professional military judicial system. For decades, the old way of doing things didn't work, and the military’s reforms haven’t stopped the number of assaults from increasing. The administration is showing what true leadership means.
  • Establishment-critical narrative, as provided by Daily Mail. This move doesn’t show leadership, it weakens the authority of uniformed commanders whose job it is to keep the US safe. By stripping commanders of this power and circumventing the chain of command, respect for those charged with leading the armed forces will be diminished — leaving the military weaker than before this law was implemented.