Gillibrand reintroduces proposal to confront military sexual assault

Gillibrand reintroduces proposal to confront military sexual assault
© Greg Nash

Sen. Kirsten GillibrandKirsten GillibrandInternal Democratic poll: Desiree Tims gains on Mike Turner in Ohio House race Hillicon Valley: Facebook, Twitter's handling of New York Post article raises election night concerns | FCC to move forward with considering order targeting tech's liability shield | YouTube expands polices to tackle QAnon Democrats question Amazon over reported interference of workers' rights to organize 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 WarrenJustice Department charges Google with illegally maintaining search monopoly Overnight Health Care: Trump takes criticism of Fauci to a new level | GOP Health Committee chairman defends Fauci | Birx confronted Pence about Atlas Senate Democrats call for ramped up Capitol coronavirus testing MORE (D-Mass.), Michael BennetMichael Farrand BennetDemocrats sense momentum for expanding child tax credit OVERNIGHT ENERGY: House Democrats tee up vote on climate-focused energy bill next week | EPA reappoints controversial leader to air quality advisory committee | Coronavirus creates delay in Pentagon research for alternative to 'forever chemicals' Senate Democrats demand White House fire controversial head of public lands agency MORE (D-Colo.), Amy KlobucharAmy KlobucharDurbin signals he isn't interested in chairing Judiciary Committee Democrats seem unlikely to move against Feinstein Senate Democrats call for ramped up Capitol coronavirus testing MORE (D-Minn.), Cory BookerCory Anthony BookerDurbin signals he isn't interested in chairing Judiciary Committee Booker 'outs' Cruz as vegan; Cruz jokingly decries 'scurrilous attack' Why Latinos should oppose Barrett confirmation MORE (D-N.J.), Bernie SandersBernie SandersOcasio-Cortez rolls out Twitch channel to urge voting Calls grow for Democrats to ramp up spending in Texas The Hill's Morning Report - Sponsored by Goldman Sachs - Tipping point week for Trump, Biden, Congress, voters MORE (I-Vt.) and Kamala HarrisKamala HarrisTrump plays video of Biden, Harris talking about fracking at Pennsylvania rally Overnight Defense: US, Russia closer on nuclear treaty extension after Moscow accepts warhead freeze | Khashoggi's fiancee sues Saudi crown prince | Biden nets hundreds more national security endorsements Democrats make gains in Georgia Senate races: poll MORE (D-Calif.).

The bill also has a few Republican co-sponsors: Sens. Chuck GrassleyCharles (Chuck) Ernest GrassleyGOP noncommittal about vote on potential Trump-Pelosi coronavirus deal Republicans: Supreme Court won't toss ObamaCare Barrett sidesteps Democratic questions amid high-stakes grilling MORE (Iowa), Ted CruzRafael (Ted) Edward CruzThe Hill's Morning Report - Sponsored by Goldman Sachs - Two weeks out, Trump attempts to rally the base Senate Republicans offer constitutional amendment to block Supreme Court packing 10 bellwether counties that could signal where the election is headed MORE (Texas) and Rand PaulRandal (Rand) Howard PaulMichigan Republican isolating after positive coronavirus test GOP Rep. Mike Bost tests positive for COVID-19 Top Democrats introduce resolution calling for mask mandate, testing program in Senate 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.