Biden tackles serious crimes in military with executive order

Independent prosecutors, not commanders, to decide on sexual assault cases to deal with 'scourge' within the armed forces

The Pentagon in Arlington, Virginia. AFP

US President Joe Biden signed a military justice executive order on Friday to give independent prosecutors the authority to decide on sexual assault cases, rather than commanders.

The order mandates “specialised, independent” military prosecutors will make key decisions in cases of sexual assault, domestic violence, murder and “other serious offences by amending the Uniform Code of Military Justice”, the White House said.

“Any change to the Uniform Code of Military Justice is a big deal. This one is particularly important given the scourge of sexual assault and sexual harassment that the military still continues to wrestle with,” White House National Security spokesman John Kirby said.

Mr Kirby added that the executive order is “a turning point, quite frankly, for survivors of gender-based violence in the military” and represents “the most significant transformation of the military justice system” since the Uniform Code of Military Justice was established in 1950.

Military sexual assault remains a pressing issue.

A 2022 report found that reports of sexual assault in the US military rose 13 per cent from the previous fiscal year, driven by a particularly sharp jump in reports within the US Army.

That same survey showed that 8.4 per cent of active duty women and 1.5 per cent of active duty men reported “at least one unwanted sexual contact in the prior year”, amounting to an estimated 35,900 total active duty service members.

Secretary of Defence Lloyd Austin has called sexual violence a “scourge” in the military.

In 2021, Mr Austin announced he would recommend the changes implemented in Friday's executive order, taking the prosecution of sexual assaults out of the hands of commanders.

The Rand Corporation quoted studies that showed enlisted service members in lower ranks carry a particularly greater risk of sexual assault than officers.

It also found that basic training and moving between duty stations have been identified as periods of increased risk for sexual assault among men and women.

The White House said that in addition to military reforms focused on chain of command, Friday's executive order also aims to modernise procedures to “better protect victims and promote fairness”.

It will also reform the court-martial system to “reduce disparities in sentencing in cases of rape and sexual assault”, and create a uniform evidence standard for non-judicial punishments.

The reforms “follow decades of tireless efforts by survivors, advocates and members of Congress, to strengthen the military justice system’s response to gender-based violence”, the White House said.