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When I first wrote about Vanessa Guillén in April 2021, I didn’t anticipate that within 12 months we’d see progress on The Hill, regarding more impactful and effective military sexual harassment and assault laws. 

In a huge step forward, President Biden signed the National Defense Authorization Act on December 27, 2021. The new law includes provisions from the original “I am Vanessa Guillén Act” and went into effect on January 1, 2022. 

Understanding what National Defense Authorization Act (NDAA) means

What’s most notable about this nearly $770 billion legislation is how the NDAA will ensure that Commanders are no longer involved in the investigation of military sexual harassment or sexual assault investigations. Instead, the decision-making capabilities and responsibilities to prosecute military command under the grounds of sexual assault and/or harassment will be taken outside of the military. This shift ensures that prosecution is free from any bias and also includes important protections against retaliation for the victim. 

Natalie Khawam, the attorney for the Guillén family, recently celebrated the new law, saying, “We literally moved the mountain here”.

What the National Defense Authorization Act (NDAA) gets right

The NDAA will change not only the way the military justice system prosecutes sexual assault and related crimes, it also inludes several other important and influential changes, including:

  • Support of a 2.7% base pay raise for service members in 2022.
  • An independent commission to review the 20-year war in Afghanistan.
  • A new rule allowing troops to take 12 weeks of parental leave.
  • Service members discharged for refusing to take the COVID-19 vaccine getting no less than a general discharge under honorable conditions.

According to Military.com, House Armed Services Committee Chairman Adam Smith (D-Wash.), says “There’s a lot to be proud of in this bill.” Hailing the bill being signed into law for the 61st consecutive year.

The updated federal legislation will also make sure prosecution authority for other offenses (such as murder, kidnapping, domestic violence, and child abuse) be also handled not by military command, but by independent prosecutors. Judges will handle these cases and the sentencing under the new guidelines. (Previously, sentences were largely conducted by a panel of officers, who often had no judicial experience or guidance on minimum sentences.)

What the new legislation leaves out 

Biden shared in a White House statement that, “The Act provides vital benefits and enhances access to justice for military personnel and their families, and includes critical authorities to support our country’s national defense.” 

But a few of the provisions from the original “I am Vanessa Guillén Act,” were excluded.

“I don’t think many people outside the military understand the precipice these victims experience,” Khawam says about retaliation against sexual assault victims. “Not only do they get harassed or assaulted, but they get treated like they’re a liar, getting ousted, blackballed.”

I agree with Khawam, however, the act is still missing a key measure: We continue to need a way in which victims can file a claim against the Department of Defense, if there was a sexual assault and it was found that misconduct occurred. 

Despite the missing measures, I’m thankful for the forward momentum; and I remain hopeful that a sea change is currently underway. As Vanessa’s sister tweeted in a bittersweet statement, “THE BILL HAS BEEN PASSED. […] This is a bittersweet feeling. The loss of my sister created the biggest military law change in history. I waited so long for this day. All our work paid off. There’s more to come. Amen.”

Finding support, for those who need it most

If you or someone you know has been sexually assaulted, you can receive confidential help by calling the Rape, Abuse & Incest National Network’s 24/7 toll-free support line at 800-656-4673 or visiting its online hotline.

You can always reach me at Jakia@jmlindley.com. I invite you to reach out to share your story or ask questions.