WASHINGTON (dpa-AFX) - The U.S. Defense Department has decided to prosecute cases of sexual assault and several other serious crimes at new Offices of Special Trial Counsel.
The Offices of Special Trial Counsel will consist of general or flag officer leaders who report directly to the secretaries of the military departments.?
Beginning Thursday, the trial has been moved from an accused service member's chain of command.
This military justice reform is an important step in restoring faith that the system is fair, just and equitable, said senior Defense Department and military officials. They emphasized that the offices will be staffed by specially trained, independent military attorneys uniquely qualified to address complex cases.
The OSTCs will handle cases professionally, applying the best practices and procedures of civilian prosecution offices, a senior DOD official said.
The covered offenses that fall under the authority of the new OSTCs include murder, manslaughter, kidnapping, domestic violence, stalking, child pornography and most sexual assault and sexual misconduct. -
Sexual harassment will become a covered offense on Jan. 1, 2025, for crimes committed after that date where a formal complaint is made and substantiated.?
In the case of sexual assault, the reform applies to unrestricted reports. A service member making an unrestricted report has decided to participate in a criminal investigation and support actions taken to hold the alleged offender appropriately accountable. Individualized, confidential help is available to understand these changes from special victims' counsel in the Army; victims' counsel in the Department of the Air Force; and victims' legal counsel in the Navy and Marine Corps. Sexual assault response coordinators can assist in contacting the attorneys and other assistance services.
Service members filing a restricted report of sexual assault may continue to report allegations confidentially without triggering an investigation, while still connecting with medical, legal and advocacy services and submitting information to the CATCH a Serial Offender Program, if they choose.?
This is one of the reforms recommended by the Independent Review Commission on Sexual Assault in the U.S. Military.
After considering the commission's recommendations, DOD proposed historic military justice reforms, leading to congressional passage and presidential approval of the new system that took effect Thursday.
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