Earlier this year, an historic piece of legislation was signed into law to help support victims of sexual assault within the United States military. On January 26, 2022, President Joe Biden put pen to paper on an executive order recognizing sexual harassment as an official offense in the United States’ Uniform Code of Military Justice (UCMJ).
The new order helps to solidify the military’s growing response to domestic violence and increased reports of harassment and intimidation. Before the signing of this order, there had been no recourse for abusers in the military: No charges, no punishment.
To help better understand what this means for the future of the military justice system—and both victims and perpetrators within its ranks—let’s review a few key points:
What this new executive order means
This year’s National Defense Authorization Act (NDAA), an annual must-pass piece of legislation that authorizes Department of Defense spending, included several changes to how sexual harassment and assault are prosecuted within the U.S. military. (The biggest one being sexual assault its own offense under Article 134 of the UCMJ.)
The White House reports that the new executive order will cement the military’s response to reports of domestic and sexual violence and increase the repercussions for perpetrators. The order also specifically calls out penalties to be waged against service members sharing “intimate visual images” without permission from those photographed.
What happens next
Along with this bill, the commission released roughly 80 other requests for changes and reform to existing Military Justice System laws. The NDAA includes several changes to how sexual harassment and assault are prosecuted within the US military, including:
- Sexual harassment will now be designated as an official and separate offense.
- An update to how sexual harassment complaints are handled within the military: Commanders now must forward complaints of sexual harassment to independent investigators.
- Commanders have also been removed from “decisions related to the prosecution of covered crimes,” which include rape, sexual assault, murder, and manslaughter. (These decisions will instead be managed by a special, new council.)
Robert Capovilla, a former U.S. Army Judge Advocate, shared in news releases that he thinks the President’s order sends an important message to military service members that reports of sexual harassment will be taken very seriously.
“It sends a message from our President, our Commander in Chief, that sexual harassment allegations are going to be taken very seriously,” Capovilla said. “I think any intent to eradicate sexual assault or harassment from the ranks is a good step and certainly a necessary step.”
Reach out if you’d like to chat. You’re not alone.
If you or someone you know is a survivor of sexual assault, please know you’re not alone. There is free and confidential support available through the confidential Rape, Abuse & Incest National Network’s 24/7 toll-free support line at 800-656-4673 or through its online hotline. I also invite you to reach out to me personally to share your story, or to ask questions: Jakia@jmlindley.com.