(SNN) - In the USA thousands of military men and women are waiting for Congress to reconvene in December and, hopefully, pass the Military Justice Improvement Act of 2013 (MJIA). What the MJIA is designed to do is take authority over sexual assault, sexual battery, rape (all come under the term Military Sexual Trauma [MST]) and other serious crimes perpetrated against U.S. Military members out of the hands of commanders and into the hands of trained and qualified attorneys and other legal professionals in the military Judge Advocate General (JAG) system.
It's extremely controversial because military commanders do not want to give up any authority and MST survivors no longer have confidence in the current system of justice, meaning in the commanders and the command system which often punishes survivors and rewards perpetrators. Indeed, the military has given waivers allowing many kinds of convicted criminals to serve, including rapists.
That doesn't sound like a very good command decision. Did they think rapists would NOT negatively impact military discipline and undermine command effectiveness? Putting a rapist in an inherently misogynist organization like the military is like putting a kid in a candy store with no oversight and expecting him not to binge--only the consequences are far more severe.
There are many reasons why most MST survivors no longer trust the current justice system and don't support commanders retaining authority in these cases, but let me give one high profile example and you decide if survivors' concerns might be justified.
In 2012, U.S. Air Force pilot Lieutenant Colonel James Wilkerson was charged with sexually assaulting a physician's assistant serving in the military, while she was a guest in his home. A courts-martial was convened and Lt. Col. Wilkerson was convicted of Aggravated Sexual Assault. In January of 2013, his commander, Lieutenant General Craig Franklin, within his legal rights as things currently stand with the Uniform Code of Military Justice, voided Wilkerson's conviction against the recommendation of the General's legal counsel--effectively pronouncing Col. Wilkerson innocent.
Later, Lt. Gen. Franklin said his reasons for overturning the case were that he found Wilkerson more credible than his accuser, in part because he doubted Wilkerson would risk his family and career by engaging in sexual misconduct.
Fortunately, Wilkerson was later moved to another command and was eventually busted in rank to Major and forced to retire.
In 2012 alone, the Department of Defense estimated there were 26,000 cases of sexual assault or rape within all branches of U.S. Military. Of those 26,000, a little over half were male victims. Male victims are estimated to represent approximately 1-12% of all males serving. Female victims represent approximately one-third of all women serving. This problem of sexual assault and rape by fellow soldiers of women and men serving in the military goes back at least to World War II, and this doesn't include rape and sexual assault of military dependents, local civilians, and civilian employees of the military.
Clearly the command structure has not gotten serious about these serious crimes in its ranks. Only with the threat of losing some of its authority, and the continuous pressure by MST survivors and women Senators, like Kirsten Gillibrand, has the military command structure begun to deal somewhat seriously with these crimes and the misogynist culture that makes sexual assault and rape so prevalent.
Military men and women deserve to have as much legal recourse for these crimes as the civilian populace does. They deserve to be taken seriously when they report these crimes. They deserve to report crimes without losing their careers and/or losing their VA benefits because of trumped up diagnoses of mental disorders.
What can YOU do to help? Call your U.S. Senators and urge them to pass the MJIA when they reconvene in December, 2013. Listen to MST survivors' stories. Most importantly, believe them and respect them for their courage in whistleblowing, because they are determined that no one serving in the military should ever again have to suffer as they have.
SHORT BIO: Maye Ralston is an opinion columnist for The Sage News and contributor to Writing Heartland blog. She is also a blog contributor and member of the Midwest Writers Workshop Planning Committee.
Photo: Some rights reserved by U.S. Army Korea (Historical Image Archive) flickr photostream, The Sage nor this article endorsed.
More Opinion News
-
Cork and the Geez Talk Oscars
Monday, February 27, 2017
The Old Coot & the Geezer analyze what went wrong and what went right at the Academy Awards this year, review the show, and recommend who should host next year. The duo are America's most respected fuddy-duddy film ...
-
Cork and the Geez Dish on the Golden Globes
Tuesday, January 24, 2017
(SNN) The Old Coot and the Geezer, affected no doubt by the rainy weather in Southern California turn grumpy as they analyze the Golden Globes and show what they mean--mostly good food for the media. Will Hollywood ...
-
Revisiting "Two-a-Days" with One Small Difference
Thursday, October 06, 2016
(SNN) For four years of high school and one in college, I would spend a couple of weeks during the dog days of August involved in what was known as "Two-a-days." Those, as any current or former football player ...
-
Coping with the Wobblies
Sunday, September 18, 2016
(SNN) Belonging to an elite group is only fun if it was one you aspired to, like giving a hundred speeches and becoming a Distinguished Toastmaster. During that time I would get the “wobblies” almost weekly. “What’s ...
-
Experimental Turkeys & Murphy's Law
Friday, September 16, 2016
(SNN) It is a paradox of science that before any breakthrough there is often a f’ed-up earlier stage. Out of this f’ed-stage have come some turkeys – turkeys that crossed the road to find something of value on the ...
-
Adventures in Eating
Sunday, August 21, 2016
(SNN) Some food combinations reside in the collective unconscious – and then there are those that shouldn’t exist at all. That special is a lottery. Visible from my apartment is a restaurant that has been struggling ...
-
No More Miscarriage Taboo
Friday, June 24, 2016
(SNN) I got a tattoo recently to honor the life and death of my daughter. The potential of her. The possibility of her. The scarred grief of her that tore up my heart. The fact that she was not born alive did not ...
-
Since the Pulse Stopped
Tuesday, June 21, 2016
Since 'the Pulse stopped,' I've been thinking a few things. (SNN) The other day 49 human beings were murdered, and 53 more were injured in an attempt to murder them, simply for being in a "Gay" nightclub called ...
-
Fall Down, Go Boom
Tuesday, March 22, 2016
(SNN) My doctor has asked me to not fall down. I’ve attempted to honor his request, but it's easier said than done. Staying upright cannot be taken for granted if, like me, you own a fused ankle, Silly Putty knee ...
-
Character Actors: Not Just In It to Win It
Friday, January 29, 2016
(SNN) The death this week of actor Abe Vigoda at 94 reminds us that there are degrees of success of Hollywood, that fame can come after thirty years of toiling in obscurity, and that a great actor is a great actor ...