III. RECOMMENDATIONS [of the Commission]:
A. Modify the pretrial role of the convening authority in both selecting court-martial members and making other pre-trial legal decisions that best rest within the purview of a sitting military judge.
B. Increase the independence, availability and responsibilities of military judges.
C. Implement additional protections in death penalty cases.
D. Repeal the rape and sodomy provisions of the Uniform Code of Military Justice, 10 U.S.C. §§ 920 & 925, and the offenses specified under the general article, 10 U.S.C. § 134, that concern criminal sexual misconduct. Replace them with a comprehensive Criminal Sexual Conduct Article, such as is found in the Model Penal Code or Title 18 of the United States Code. [...]
Of all of the topics that appeared on the Commission’s long list of possible areas for consideration, the issue of prosecuting consensual sex offenses attracted the greatest number of responses from both individuals and organizations. The Commission concurs with the majority of these assessments in recommending that consensual sodomy and adultery be eliminated as separate offenses in the UCMJ and the Manual for Courts-Martial. Although popular acceptance of various sexual behaviors has changed dramatically in the fifty years since the UCMJ became effective, the Commission accepts that there remain instances in which consensual sexual activity, including that which is currently prosecuted under Articles 125 and 134, may constitute criminal acts in a military context. Virtually all such acts, however, could be prosecuted without the use of provisions specifically targeting sodomy and adultery. Furthermore, the well-known fact that most adulterous or sodomitical acts committed by consenting and often married (to each other) military personnel are not prosecuted at court-martial creates a powerful perception that prosecution of this sexual behavior is treated in an arbitrary, even vindictive, manner. This perception has been at the core of the military sex scandals of the last decade. [...] A comprehensive Criminal Sexual Conduct statute would more realistically reflect the offenses that should be proscribed under military law. The new statute would reconfigure the entire field of “Criminal Sexual Conduct” in the military context, replacing the outdated “rape and carnal knowledge,” “sodomy,” and general article offenses with a modern statute similar to the laws adopted by many states and in Title 18 of the United States Code. The Commission urges that the new statute recognize that military rank and organization may produce an atmosphere where sexual conduct, although apparently consensual on its face, should be proscribed as coercive sexual misconduct. There are many models from civilian life that make similar legal distinctions, including laws that govern sexual activity between teachers and students, doctors and patients, probationers and counselors, and corrections officers and prisoners. The Commission believes that this type of statute is appropriate and relevant in a military organization with its attendant subordinate-superior and special trust relationships.
Regarding Title 18 of the US Code itself ... it's a remarkably comprehensive law dealing with sexual abuse (although, except for the Mann Act provisions -- transportation of a minor across state lines for sexual purposes -- I'm baffled as to when any of them would take precedence over state laws dealing with the same crimes) ... remarkably, the crime of sodomy, as defined in Chapter 109a, Section 2246, is only a crime insofar as force is used. Imagine that.
I should imagine that the military will, of course, take the report under advisement.
And bury it.
Very very deep in the Pentagon vaults.
Replies: 4 comments
The military continues to cover-up many sex crimes committed by both enlisted personnel & officers. If they would only show some backbone and moral ethics they would stand up and demand that these people be court martialed! However it seems that there are few officers (JAG included) who will do this and so sexual abuse and harrassment continues with little more than a wink and sometimes even with a promotion!
Posted by Carol Ward @ 02/17/2002 05:45 PM CST
The military continues to cover-up many sex crimes committed by both enlisted personnel & officers. If they would only show some backbone and moral ethics they would stand up and demand that these people be court martialed! However it seems that there are few officers (JAG included) who will do this and so sexual abuse and harrassment continues with little more than a wink and sometimes even with a promotion!
Posted by Carol Ward @ 02/17/2002 05:46 PM CST
The military continues to cover-up many sex crimes committed by both enlisted personnel & officers. If they would only show some backbone and moral ethics they would stand up and demand that these people be court martialed! However it seems that there are few officers (JAG included) who will do this and so sexual abuse and harrassment continues with little more than a wink and sometimes even with a promotion!
Posted by Carol Ward @ 02/17/2002 05:46 PM CST
The military continues to cover-up many sex crimes committed by both enlisted personnel & officers. If they would only show some backbone and moral ethics they would stand up and demand that these people be court martialed! However it seems that there are few officers (JAG included) who will do this and so sexual abuse and harrassment continues with little more than a wink and sometimes even with a promotion!
Posted by Carol Ward @ 02/17/2002 05:46 PM CST
Copyright © 2001, Iain Jackson, after-words.org
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