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View Diary: Old white man decides to leave military sexual assault decisions in the hands of old white men (175 comments)

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  •  in my experience (1+ / 0-)
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    RoseWeaver

    the recommendations are on the strength of the case and the law.

    Usually the concern is making sure the CG isn't going to do anything to get into trouble, which usually is more likely to involve recommending going forward on borderline cases, not recommending not going forward.

    So the interests of the commander's career in today's environment is probably aligned with sending cases to trial.

    The 80s is not today.  I've been an attorney on both sides since the early 2000s, and it's a sea change the last 3-4 years from the 2000s even.

    The introduction of the victim advocates, the special victim prosecutors, the special victim investigators/teams at CID, the questions the generals ask now about counterintuitive victim behavior, the focus on going forward on cases even when the probable cause hearing (article 32 hearing) recommends that there isn't probable cause (which I see happening now first-hand).

    You are correct, accused are going free.  In my experience, part of that reason is because we are taking and charging cases that the civilians turn down.  Part of it is that a large percentage of our cases are drunk sex cases.  And many of our panel (jury) members are hesitant to convict accused of such offenses.

    Part of it is a law that still doesn't define what it means to be impaired by alcohol very clearly which makes it tough to make such an offense stick to panel members.

    From my pov, the problem is not on the legal side of things.  The problem is an American problem and a human problem involving stopping folks from taking advantage of victims who are incapacitated by alcohol, or in some cases fear.  I think part of that is accomplished by trials obviously, you want to put folks who commit these crimes in jail and out of the military.

    I think part of it is better education both in the military and in society.  But I just don't believe this is a military-specific problem, it's a societal problem.  I think the military, thanks to the focus, is now ahead of the civilian sector in several areas.

    I don't think the local town outside the gates has victim advocates, and I know for a fact they don't prosecute anything but slam-dunk cases, and I know they treat alleged victims like crap.

    •  TY for a well reasoned response. I do agree. n/t (0+ / 0-)

      "One sees clearly only with the heart. What is essential is invisible to the eye." - The Little Prince, Antoine de Saint-Exupéry

      by RoseWeaver on Wed Jun 12, 2013 at 02:05:13 PM PDT

      [ Parent ]

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