"Good Soldier Defense" in Military Sexual Abuse to be dumped

Senate approves McCaskill sex assault bill
Army Times
By Leo Shane III
Staff writer
March 10, 2014

The Senate on Monday finalized plans for broad reforms in how sexual assault cases are handled in the military, just days after a bitter floor fight over a larger overhaul of the entire military justice system.

The new measure, sponsored by Sen. Claire McCaskill, D-Mo., passed unanimously, disguising deep rifts within the chamber over how best to protect victims and punish sex offenders.

It halts — for now — a months-long fight between two top female Democrats in the Senate on this issue, one that McCaskill complained painted her as soft on military leaders despite her insistence on tougher rules for the services.

“The argument was posed as victims versus commanders and whose side are you on,” she told reporters last week. “It’s not that simple.”

Under the Senate-passed bill, military commanders no longer would be able to overturn jury convictions; the statute of limitations for military rapes would be erased; and victims would receive their own independent counsel in sex crimes cases.

The bill also would require civilian review if a commander declines to prosecute a sexual assault case; require dishonorable discharges for troops convicted of such crimes; and create harsh punishments for anyone who retaliates against victims who report rapes and assaults.

And it dumps the so-called “good soldier” defense, which allowed lawyers to cite service members’ past exemplary service as evidence that they would not commit violent crimes.
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