Introduction
The topic of sexual assault in the Army has always been sensitive despite the continuous and consistent efforts to prevent its occurrence. Under Article 120 of the Uniform Code of Military Justice, sexual assault has always been illegal and considered a crime (Absher). The article criminalizes “all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces” (Absher). Despite this, the Army’s rates of sexual assault reports have not been decreasing, which presents a significant challenge. This paper aims to explore the reasons for the number of sexual assault instances in the Army remaining high and provide recommendations for strategies to end sexual violence in the military.
SA in the Army
There are several reasons for sexual assault (SA) to occur in the Army setting, with women being at the highest risk. The core reason why sexual assaults take place is the military leadership structure. The chain of command is expected to handle sexual assaults, which means that a commanding officer of a victim is able to intervene at any point, such as stopping an investigation, reducing the sentence, or even setting a conviction aside (Watson). This is a problem because perpetrators whose position is higher than that of victims in the Army may feel that they will not get punished for sexual assault.
The current approach to training has entailed educational efforts aimed at soldiers, intended to increase their awareness of the issue and encourage them to be more respectful of each other. However, these efforts are not effective enough because there is a lack of cohesion, with little practical guidance available for the Army. RAND has recommended that the Army look “further upstream, at what the military can do to create a safe environment” (Irving). Nevertheless, it is unclear which characteristics make environments safe and how they can be implemented in practice.
SA occurs at high rates, with 6.3% of active-duty men and 24.2% of women reported being sexually harassed in 2018 only (Protect Our Defenders). The problem is critical to address because more than 70% of SA victims in the Army do not report the crime in fear of retaliation, which has become the norm. Notably, 73% of reports regarding retaliation alleged that their retaliators were in their chain of command (Protect Our Defenders). These statistics suggest that sexual assault in the Army is pervasive, and the current prevention efforts are not effective enough.
Ending sexual violence in the military is possible by addressing its underlying causes. Notably, the removal of military sexual assault cases from the chain of command could present significant barriers to some commanders trying to interfere with investigations (Kheel). Lawmakers have already looked into this, and there are good chances to change the way in which sexual assault in the military is prosecuted. Another strategy for ending sexual assault is to address the problem through a broader perspective by creating protective environments in which potential victims will feel that they can report any sexual harassment immediately (Kheel).
Conclusion
To conclude, the lack of consistency and evidence-based support efforts aimed at preventing sexual assault in the Army makes the problem more pervasive. The military leadership structure in the form of the chain of command prevents adequate reporting and investigation of crimes. The elimination of military sexual assault case investigation from the chain of command could be the most radical solution to the issue because it could guarantee unbiased prosecution and exploration of relevant evidence.
Works Cited
Absher, Jim. “Sexual Assaults in Military Continue to Rise, but Major Legal Reform Won’t Take Effect for Years.” Military.com, 2022.
Irving, Doug. “Preventing Sexual Violence in the Military.” RAND, 2021.
Kheel, Rebecca. “Congress Pushes to Remove Sexual Harassment Prosecutions from Chain of Command.” Military.com, 2022. Web.
Protect Our Defenders. “Facts on United States Military Sexual Violence.” Protect Our Defenders, 2021.
Watson, Eleanor. “Military Sexual Assaults Increased Slightly in 2020, According to Annual Report.” CBS News, 2021.