Gillibrand reintroduces proposal to confront military sexual assault

Gillibrand reintroduces proposal to confront military sexual assault
© Greg Nash

Sen. Kirsten GillibrandKirsten GillibrandDemocratic lawmakers call for expanding, enshrining LGBTQ rights The Hill's 12:30 Report: Fauci 'aspirationally hopeful' of a vaccine by winter The Hill's Morning Report - Officials crack down as COVID-19 cases soar MORE (D-N.Y.), a candidate for the Democratic presidential nomination, on Thursday reintroduced her bill to tackle military sexual assault.

Dubbed the Military Justice Improvement Act, the bill would take the decision to prosecute sexual assault cases away from military commanders and give it to independent military prosecutors.


“Our nation’s military leaders have spent decades promising ‘zero tolerance’ on sexual assault, but it’s painfully clear that they’ve failed at that mission. The Pentagon, by its own admission, is out of time – and should now be out of excuses,” Gillibrand said in a statement Thursday. “For years, survivor after survivor has told us the change we need to make in the military justice system to end the scourge of sexual assault in our military – the same change that some of our allies all around the world have already made: move the decision to try these crimes outside of the chain of command to trained military prosecutors.”

Gillibrand has introduced the bill every year since 2013 as an amendment to the National Defense Authorization Act (NDAA).

The proposal has not been voted on in the last couple years amid broader disputes over which amendments get voted on for the NDAA. The last time the amendment got a vote in 2015 it did not reach the 60-vote threshold needed to pass.

The Pentagon and other opponents of the proposal argue it would undermine the military justice system.

In her statement, Gillibrand slammed the “incremental reforms” the Pentagon has taken in past years, saying “they clearly haven’t worked.”

“Sexual assault is still pervasive – in fact the latest DoD numbers show that sexual assaults in the military have dramatically increased while the number of cases going to trial has gone down,” she said. “None of this is acceptable. It’s long past time for Congress to step up and create accountability where the DoD has failed.”

The Pentagon’s latest report on sexual assault showed the number of cases of unwanted sexual contact — a term that covers groping to rape — jumped to 20,500 in 2018 from 14,900 in 2016.

Gillibrand’s bill has 29 co-sponsors, including fellow Democratic presidential candidates Sens. Elizabeth WarrenElizabeth WarrenThe Hill's Campaign Report: Biden chips away at Trump's fundraising advantage Warnock raises almost M in Georgia Senate race in second quarter The Hill's Morning Report - Trump lays low as approval hits 18-month low MORE (D-Mass.), Michael BennetMichael Farrand BennetHouse Democrats chart course to 'solving the climate crisis' by 2050 'The Senate could certainly use a pastor': Georgia Democrat seeks to seize 'moral moment' Some realistic solutions for income inequality MORE (D-Colo.), Amy KlobucharAmy KlobucharDemocrats: A moment in history, use it wisely The Hill's Coronavirus Report: Rep. Rodney Davis says most important thing White House can do on COVID-19 is give consistent messaging; US new cases surpass 50k for first time The Hill's Coronavirus Report: Stagwell President Mark Penn says Trump is losing on fighting the virus; Fauci says U.S. 'going in the wrong direction' in fight against virus MORE (D-Minn.), Cory BookerCory Anthony BookerSenators push foreign media to disclose if they are registered as foreign agents Joe Biden must release the results of his cognitive tests — voters need to know GOP senators debate replacing Columbus Day with Juneteenth as a federal holiday MORE (D-N.J.), Bernie SandersBernie SandersDemocratic senator will introduce bill mandating social distancing on flights after flying on packed flight Neil Young opposes use of his music at Trump Mt Rushmore event: 'I stand in solidarity with the Lakota Sioux' Democratic strategist Andrew Feldman says Biden is moving left MORE (I-Vt.) and Kamala HarrisKamala Devi HarrisSenators push foreign media to disclose if they are registered as foreign agents Warnock raises almost M in Georgia Senate race in second quarter Liberal veterans group urges Biden to name Duckworth VP MORE (D-Calif.).

The bill also has a few Republican co-sponsors: Sens. Chuck GrassleyCharles (Chuck) Ernest GrassleyCongress gears up for battle over expiring unemployment benefits US, Mexico set for new post-NAFTA trade era Senators press IRS chief on stimulus check pitfalls MORE (Iowa), Ted CruzRafael (Ted) Edward CruzTrump administration grants funding extension for Texas testing sites Hillicon Valley: Democrats introduce bill banning federal government use of facial recognition tech | House lawmakers roll out legislation to establish national cyber director | Top federal IT official to step down GOP lawmakers join social media app billed as alternative to Big Tech MORE (Texas) and Rand PaulRandal (Rand) Howard PaulRand Paul's exchange with Fauci was exactly what America needed GOP Arizona lawmaker says Fauci and Birx 'undermine' Trump's coronavirus response Fauci: 'We are not going in the right direction' MORE (Ky.).

The Senate version of the NDAA already includes several provisions meant to tackle sexual assault, including making sexual harassment a stand-alone crime in the military justice system, requiring a new policy to “reinvigorate the prevention of sexual assault” and requiring commanders to be trained in all stages of military justice related to sexual assault.

The House Armed Services Committee, meanwhile, approved Wednesday an amendment to its version of the NDAA to create a pilot program for a chief prosecutor to make recommendations on prosecuting sexual assault at military service academies rather than commanders.