Defense bill stalls amid debate on military sex assault amendments

The Senate spent more than five hours Wednesday debating two amendments that would change the way the decades-old military justice system polices the epidemic of sexual assaults in the U.S. military as part of a $625 billion defense bill that establishes military policy. The bill, known as the National Defense Authorization Act, stalled in the chamber as Democrats and Republicans struggled over how to move ahead on the massive measure. 

Female members of the Senate took the lead in an impassioned debate over the issue, agreeing that the prevalence of sexual assaults in the armed services was unacceptable, praising the 26 changes to the military justice system already in the defense bill, but strongly disagreeing about how to prosecute the crimes. 

At issue are two different amendments put forward by Sen. Kirsten Gillibrand, D-N.Y., and Sen. Claire McCaskill, D-Mo.

Gillibrand proposed taking the decision to prosecute attackers accused of rape and sexual assault from commanders and giving it to seasoned military lawyers who hold the rank of colonel or higher.

The top echelon of the military has opposed her plan and she has faced resistance from a number of Democrats and Republicans, including the chairman of the Armed Services Committee, Sen. Carl Levin, D-Mich.

Gillibrand has the public backing of 53 senators, including Reid, Sen. Dick Durbin, D-Ill., and conservative Sens. Rand Paul, R-Ky., and Ted Cruz, R-Texas. However, she faces a 60-vote threshold for her measure to pass.

Gillibrand described in explicit terms several horrific assaults only made worse by the military's handling of the cases.

Quoting the words of a female marine who was raped in 2003, Gillibrand told the Senate, "Having someone in your direct chain of command doesn't make any sense, it's like getting raped by your brother and having your dad decide the case." 

The senator said Congress should establish impartial, objective consideration of evidence by trained military prosecutors.

The Pentagon estimates 26,000 military members may have been sexually assaulted last year, based on an anonymous survey. Thousands of victims were unwilling to come forward despite new oversight and assistance programs aimed at curbing the crimes, the Pentagon said.

Displaying a chart in the Senate chamber, Gillibrand said only 302 of the 3,374 reported cases last year have gone to trial.

"The current system oriented around the chain of command has been producing horrible results," she said.

The Pentagon disputed Gillibrand's claims. Of the 3,374 reported cases of sexual assault, the Pentagon said it brought charges in 880 cases, with 594 resulting in courts-martial, 158 non-judicial punishment, and 128 settled by administrative action and discharges. 

Sen. Claire McCaskill, D-Mo., a former prosecutor, countered that the Gillibrand proposal would create too many problems, undercutting the ability of commanders to threaten courts-martial and carry out non-judicial punishments.

The Pentagon's top echelon opposes the Gillibrand proposal, as does Levin and three of the seven women on the Armed Services Committee.

McCaskill, and Sens. Kelly Ayotte, R-N.H., and Deb Fisher, R-Neb., have offered an amendment that would bar defendants from using the good military character defense, allow sexual assault victims to challenge a discharge or separation from the service, and extend the new protections to the military service academies. 

Opponents said commanders should be held responsible for meting out justice. They said the unintended consequences of Gillibrand's plan would be creating a system that could be worse for victims, undermining the ability of prosecutors to work out plea bargains that could spare victims a difficult trial.

Foes also said the plan would make it nearly impossible for commanders to threaten courts-martial and carry out non-judicial punishments.

"Commanders must be involved. They must be responsible," said Sen. Jack Reed, D-R.I., a West Point graduate who served in the Army. 

Among the changes already in the bill are provisions that would strip commanders of their ability to overturn jury convictions, require dishonorable discharge or dismissal for any individual convicted of sexual assault and establish a civilian review when a decision is made not to prosecute a case.

The bill also would provide a special counsel for victims and eliminate the statute of limitations for courts-martial on serious crimes such as rape and sexual assault.

Al Jazeera and The Associated Press