By Jeremy Herb - 09/30/13 07:13 PM EDT
Sen. Kirsten GillibrandKirsten GillibrandMcAuliffe: I wouldn't want a 'caretaker' in Kaine's Senate seat Tim Kaine backs call to boost funding for Israeli missile defense The Trail 2016: The newrevolution begins MORE (D-N.Y.) is pushing legislation that would take cases away from commanders and give them to military prosecutors. Her bill has the support of 45 senators, according to a tally by her office, but it is opposed by military leaders, including Defense Secretary Chuck HagelChuck HagelThere's still time for another third-party option Hagel says NATO deployment could spark a new Cold War with Russia Overnight Defense: House panel unveils 5B defense spending bill MORE.
“Now, Secretary Hagel should listen to his own advisory committee and immediately back the Gillibrand-Boxer proposal to remove decisions about sexual assault prosecutions from the chain of command,” Sen. Barbara BoxerBarbara BoxerReid faces Sanders supporters' fury at DNC Calif. Dem touts her 'badass' sister's Senate run The Trail 2016: One large crack in the glass ceiling MORE (D-Calif.), who worked with Gillibrand on her measure, said in a statement.
The advisory group said that it made its recommendation because victims said they do not come forward “because they lack confidence in the system.”
“They do not think their complaints will get a fair and impartial hearing, they do not think perpetrators will be held accountable and they fear that they will suffer reprisals,” the committee said in its recommendation.
“Unfortunately, recent events have shown these fears to be justified, and may also have communicated to perpetrators that they need not fear being held accountable for their actions.”
Gillibrand’s legislation still faces an uphill climb to become law — or even get passed in the Senate.
She faces opposition within her own party from Senate Armed Services Chairman Carl LevinCarl LevinAs other regulators move past implementing Dodd-Frank, the SEC falls further behind Will partisan politics infect the Supreme Court? Fight for taxpayers draws fire MORE (Mich.) and Sen. Claire McCaskillClaire McCaskillDems begin ‘treason’ talk against Trump The Republicans' hypocrisy on minimum wage Watchdog faults Energy Department over whistleblower retaliation MORE (Mo.), who has long been a major voice on the issue.
Gillibrand plans to try to include her measure as an amendment to the Defense authorization bill, which is not expected to come to the floor until December.
If she is successful, the Republican-led House panel has expressed resistance to her plan and it could be removed during conference committee.
Levin, McCaskill and other opponents of removing cases from commanders argue that commanders must maintain the responsibility so they can be held accountable for changing the military’s culture when it comes to sexual assault.
Lawmakers have pressed for changes to the way the military handles sexual assaults after a Pentagon report released this year estimated 26,000 cases of unwanted sexual contact last year, an increase from 19,000 in 2010.
The 17-member independent panel was established in the 1950s to provide recommendations on issues relating to recruitment and retention of women in the military.