 |
| Home > Features > Feature - Sexual Assault: DOD?changes way initial disposition of cases is handled |
|
Sexual Assault: DOD?changes way initial disposition of cases is handled
Posted 9/27/2012 Updated 9/27/2012
Email story
Print story
by Bo Joyner
Headquarters Air Force Reserve Command
9/27/2012 - Citizen Airman/Oct. 2012 -- The Department of Defense has made a key change in the way the military services handle certain sexual assault cases. As of June 28, only colonels or above who possess at least special court-martial convening authority can make an initial disposition in cases where the following offenses are alleged: rape, sexual assault, forcible sodomy or any attempt to commit such an offense.
For Air Force Reserve Command, this change in policy means that initial disposition in these cases can only be made by the AFRC commander, numbered air force commanders or the commander of the Air Reserve Personnel Center. As the name implies, "initial disposition" is the preliminary handling of a case that can lead to further action.
"In these cases, initial disposition can be a full range of actions, including: taking no action, forwarding the case to a superior or subordinate commander, taking administrative action, initiating nonjudicial punishment, or making a referral to court-martial," said Maj. William Vernon, chief of adverse actions in the Office of the Staff Judge Advocate at AFRC headquarters, Robins Air Force Base, Ga.
"Traditionally, the military services have had a policy of letting commanders at the lowest level possible take care of a situation before it is elevated to a higher level," Vernon said. "This directive from the Department of Defense says that in certain sexual assault cases, the initial disposition will automatically be elevated to a higher level."
"Sexual assault is an extremely serious offense, and it is not tolerated within Air Force Reserve Command," said Lt. Gen. James F. Jackson, AFRC commander. "Elevating the initial disposition authority will assure all allegations of sexual assault are taken seriously and receive the careful attention they deserve from the very beginning."
Vernon said that in some cases involving Reservists, the initial disposition authority could be an active-duty commander.
"For Reservists serving in a unit that is a tenant on an active-duty base, the initial disposition authority would more than likely be the local active-duty installation commander. For Reservists on an air reserve base, matters not proceeding to courts-martial will likely have the NAF commander as the initial disposition authority," he said, explaining that AFRC does not conduct its own courts-martial.
"Each case is different, but the bottom line is that only O-6s or above with special court-martial convening authority will be making the initial disposition on these types of sexual assault cases," Vernon said.
Vernon said the policy change includes the authority to address the misconduct of victims related in any way to the matter being investigated.
"Some examples are underage drinking, DUI, drug use or making false official statements," he said.
Those offenses, on their own, would not normally require initial disposition at such a high level.
This DOD-directed initial disposition authority change comes on the heels of a letter from the Joint Chiefs of Staff and the commandant of the Coast Guard to all DOD commanders and leaders titled "Strategic Direction to the Joint Force on Sexual Assault Prevention and Response."
The letter says that despite years of concerted effort, the chiefs are dissatisfied with progress made in reducing sexual assault in the military and spells out a strategic direction to increase the emphasis on combating the crime. In the past two years, service members have reported 6,350 cases of sexual assault.
"Sexual assaults endanger our own, violate our professional culture and core values, erode readiness and team cohesion, and violate the sacred trust and faith of those who serve and whom we serve," the document's introduction says.
"As military professionals we must fully understand the destructive nature of these acts, lead our focused efforts to prevent them, and promote positive command climates and environments that reinforce mutual respect, trust and confidence." |
|
|
|
|
|
|
|
