Sunday, July 21, 2013

AAS on Military Justice

     This editorial from the Austin American-Statesman weighs in on the military issue of sexual assault cases and the current failure of justice in the hands of unit commanders.  As it common knowledge that Austin, the intended audience, is a generally liberal city of Texas, the Statesman has subsequently been known to lean to the left.  Taking this into account along with the fact that this editorial was written by the reasonable credible Senior Editorial Staff, I expected some liberal bias along with some semblance of objectivity that most mainstream newspapers strive for.
      The staff's argument was one in favor of backing legislation by Sen. Gillibrand of New York to "take away the power of unit commanders to decide whether to prosecute sexual assault cases and give it to experienced military lawyers ranked colonel or higher", unless the commanders are able to prove their effectiveness in reducing sexual assaults within a set period of time.  The writers' claim that giving the power of determining the judicial fate of assault victims to their bosses makes them reluctant to come forward and report the crimes.  This makes sense to me in a very broad way and I agree with them.  Especially as a female, I can imagine how this measure would be ineffective.
     The Austin American-Statesman (AAS) then went on to provide statistics of increased sexual assault reports.  In 2012, the number of reported assaults jumped from 3,192 in 2011 to 3,374.  Similarly, the Pentagon estimated a 37 percent increase in assaults in 2012 from the reported 19,000 in 2010, based on similar confidential surveys conducted each year.  
     The logic of the AAS claim, in my opinion, only added to the evidence they provided.  Republican Texas Senator, Ted Cruz, came to support Gillibrand's proposed legislation claiming to have been "persuaded by (her) exceptionally passionate and able advocacy" and the facts she presented in proposing the change.  A picture of logic that is bipartisan is a powerful picture to me in particular.  Along with highlighting support across party lines, the writers' refuted the argument of senate opposition and military leaders that removing power from commanders would "weaken officers' ability to maintain order and discipline and respect" by reminding the reader that Gillibrand's proposal does not interfere with military hierarchy in any other areas.  The AAS then reiterated their conditional support for passing this bill only if the unit commanders remain unable to stop the spread of sexual assaults plaguing the military.
     Putting aside any partisan bias I identified in this editorial, I agree with the argument its writers made.   I can't pretend to understand the importance of military commander's control over their units.  However, if handing over the power to prosecute sexual assault cases to military lawyers is the solution to this problem, it's a risk I believe is worth taking.

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