Army disqualifies 588 soldiers after sexual assault review

[The Straight Story]

WASHINGTON — The Army has disqualified 588 soldiers as sexual assault counselors, recruiters and drill sergeants for infractions ranging from sexual assault to child abuse to drunken driving, USA TODAY has learned.

The number of disqualified soldiers from what are called "positions of trust" is 10 times higher than the initial number the Army reported last summer after Defense Secretary Chuck Hagel ordered that troops in sensitive positions be screened for previous criminal or unethical behavior.

Hagel called for the review after a Pentagon study found troops reported that incidents of unwanted sexual contact had risen 35% from 2010 to 2012.

The Army did not provide figures on how many of the disqualified soldiers have been kicked out of the service or reassigned to other jobs.

http://www.montgomeryadvertiser.com/article/20140226/NEWS/140226012/Army-disqualifies-588-soldiers-after-sexual-assault-review

[msanthrope]

1. This comes as an explosive Army sexual assault trial is about to get started....

The stunning resignation of the military lawyer who was prosecuting an Army general on a charge of forcible sodomy is raising new questions about how commanders are handling sexual assault cases.

It is widely believed that Army attorney Lt. Col. William Helixon resigned in protest because he believed Army commanders were being too aggressive in their prosecution of Brig. Gen. Jeffrey Sinclair.

“It’s clear that the commander wanted something done that Lt. Col. Helixon thought was problematic from an ethical standpoint,” said Eugene Fidell, a military law expert who teaches at Yale Law School.

Sinclair’s trial is set to begin March 4, a rare court-martial for a general officer. The charges include forcible sodomy and adultery related to an extramarital relationship and inappropriate conduct with several women. Lawyers for Sinclair filed a motion made public Tuesday asking military judge Col. James Pohl to throw out the case. Sinclair’s lawyers argued that testimony from the primary witness against him is unreliable and that top Pentagon brass improperly meddled in prosecutorial decisions.

http://www.armytimes.com/article/20140226/NEWS06/302260006/Prosecutor-s-departure-fuels-debate-over-command-influence-sexual-assault-cases

I generally think that prosecutors should be the ones deciding charges....not command brass.

[giftedgirl77]

5. Prosecutors are typically the ones to decide the charges.

That's the issue with the attorney stepping down. He felt the command was using undo command influence & that the witness wasn't credible.

[msanthrope]

6. Not in the military---the command can substantially influence, and until recently overturn

convictions. McCaskill is looking to retain some command influence, Gillibrand's plan eliminates it.

[giftedgirl77]

8. They can overturn convictions but they don't decide

charges. Until I I was medically retired this year I worked criminal law for the Army JAG Corps for close to 10 yrs. We decide the charges based on the Manual for Courts Martial. Each crime has certain elements must be met in order for a crime to be charged.

In this instance is appears the command wasn't taking the advice of counsel & wants to go gung ho, counsel wasn't going to be part of that nonsense.

[msanthrope]

9. They can convene a court martial, can't they? Even if the prosecutor declines, a court martial can

still be convened by the command.

Thankfully, in the historic reforms we were able to pass into law just a few months ago, commanders no longer have the power to overturn convictions. And if they choose not to prosecute a case, they must answer to the civilian secretary of their branch. We should also remember that leaving these cases just to lawyers and prosecutors would have its own pitfalls for victims. I know from personal experience that prosecutors are often focused on a “won/loss” ratio, and can be hesitant to pursue charges if there are evidentiary challenges in a case, which often happens in sexual assault cases. In just the past two years, we’ve identified at least 93 cases of sexual assault in which a prosecutor declined to pursue charges, but in which a commander still launched a court-martial. Those are 93 victims of sexual assault who would never have had their day in court if these cases were left solely to prosecutors. Under the major reforms that recently became law, we have effectively eliminated commanders’ ability to abuse their power, but we also retain commanders’ ability to do it right—and we substantially increase the ability to hold them accountable if they fail. Under an alternative proposal by my colleague Senator Kirsten Gillibrand which would strip commanders of all responsibilities in these cases, if a prosecutor declines to pursue a court-martial, then the case is over and that victim has no chance at justice.

http://www.msnbc.com/taking-the-hill/sen-claire-mccaskill-answered-your-questions

When you say you "worked criminal law" does that mean you were an attorney?

[giftedgirl77]

10. I'm a paralegal which is the one who drafts the reviews

all the evidence, drafts all the chargesheets, & is with the commander when they prefer charges. The lowest commander prefers the charges (i.e. formally accuses the soldier), the middle commander accepts that the accused has been notified or if it is a summary court martial refers it to court martial. Next it goes to the General on post to be referred to court-martial (i.e. the Soldier is formally charged & rocketing & what not can begin.

Typically we find out from the command that a soldier has done something possibly criminal prior to the attorney, depending on the severity that call could come at 2 or 3 am. It was then on me to gather up all the evidence, talk to the command see what their thoughts were about possible action, see what the soldiers previous jacket looked like, then see if what the command was looking at doing was reasonable. It would be at that point I would talk to the attorney, lay it all out & explain the options, we together would formulate a game plan & what to take back to the command.

In some instances what they want to do is completely impracticable, I explain to them why & what other options they have, sometimes they are ok with that sometimes they aren't. We've taken cases to court we knew we would lose from day one, after it was done all that could be said was we told you so.

I have done my job for a very long time & was very trusted by my attorneys, my commands, & the troops simply bc I wasn't going to let the commands to do stupid shit that would get them in trouble but I was quick to call them on dirty shit they would try to do to the soldiers as well. I took great pride in my job & it's been very hard for me to adjust to never being able to work again.

[msanthrope]

12. I am an attorney, and I don't doubt your abilities, but McCaskill is correct, right?

Command can convene over the objections of a prosecutor?

[giftedgirl77]

14. Right, all we can do as the government is advise them.

I think that was my last paragraph, we then have no choice but to take it to court & when we lose tell them we told you so. Honestly, prosecuting sexual assaults in the Army has gotten waaaaaayyyyy better. The major problem isn't getting the commands to convene the courts-martial it's the terrible issues that surround how long it takes just to get the evidence from CID.

It would make everyone's life easier if the commands were taken out of the loop. The men's club is alive & well & I have seen some messed up things occur in administrative hearings as well, just because he is a good soldier.

Sorry, I didn't know you were an attorney

I miss my job, I love the law.

[msanthrope]

15. You should go to law school! I know that you've indicated a disability, but lots of law schools

can accomodate that. You sound like you know what you are talking about and that's better than half the assholes out there.

[giftedgirl77]

16. Everyone has pushed me that way & it's my intention

& dream. Most of my disability involves lesions on my frontal & occipital lobes which has wreaked havoc on my vision, cognitive abilities, & fine motor skills. My neuorologist in the military was a complete douche & watched me deteriorate for the last 4 years. If I can finally get care to help me get well enough to where daily activities don't cause me to become bedridden for days I will be there in a heartbeat.

It was great talking to you.

[giftedgirl77]

11. If it makes a difference I have a BA in Criminal Justice

with a focus in forensics & am a Certified Paralegal.

[Coyotl]

2. poor writing

"after a Pentagon study found troops reported that incidents of unwanted sexual contact had risen 35% from 2010 to 2012. "

Should be

a Pentagon study found reported incidents of unwanted sexual contact had risen 35% from 2010 to 2012. They don't know anything more than what is reported. Incidents may have gone down or risen even more. The stat is reported incidents, and that needs to be made clear. It is good news IF more are being reported while the number of actual incidents is dropping.

[flor-de-jasmim]

3. Still better:

a Pentagon study found reported incidents of unwanted sexual contact BETWEEN 2010 AND 2012 had risen 35%.

[Coyotl]

4. Well stated. This is why papers have (and need) editors.

[msanthrope]

7. Indeed....

[KitSileya]

13. I hope this gives more impetus to reform when it comes to prosecution of sexual assaults

The number of women in the armed forces who have been sexually assaulted is horrendous, worse than in civilian life, and the same goes for men in the armed forces too, though the percentage is higher for female soldiers and sailors.

The US armed forces have shown that they cannot be trusted to deal with sexual assaults - Sen. Gillibrand's suggestion should be passed, and the process should be taken away from the line of command.