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Sexual Assault Provisions Included in Defense Authorization Bill

On May 21, the House Armed Services Subcommittee on Military Personnel approved, by voice vote, its portion of the FY2014 National Defense Authorization Act (H.R. 1960).

According to the subcommittee section-by-section analysis, the measure would reauthorize several programs to address the health and well-being of military personnel and their families.

The legislation would make several changes to provisions to address sexual assault in the military. Specifically, the bill would prohibit court martial convening authorities from dismissing findings of guilt, or from reducing guilty findings to lesser included offenses, except in the case of minor offenses. Rape, sexual assault, the rape or sexual assault of a child, or murder could not be considered lesser offenses. The measure removes the five year statute of limitations for sex-related cases.

The legislation would require the dismissal or discharge of members of the armed forces convicted of rape, sexual assault, forcible sodomy, or an attempt to commit these offenses. The secretary of Defense would be authorized to provide guidance to commanders regarding temporary reassignment or removal of individuals from positions of authority who are alleged to have committed sexual assault or other sex-related offenses. Discussions of rape, sexual assault, and other sexual misconduct would be added to the protected communications of service members with any member of Congress or an inspector general.

Qualified and specially trained lawyers in each branch of the armed forces would be available to provide legal assistance to victims of sex-related offenses. The bill would require the secretary to assess the current role and authorities of commanders in the “administration of justice and the investigation, prosecution, and adjudication of offenses under the Uniform Code of Military Justice.”

The legislation also contains provisions to help military families. The bill would establish a lapel button to identify and recognize spouses of service members in combat. Courts that issued temporary child custody orders based solely on the deployment or anticipated deployment of a parent-servicemember would be required to reinstate the custody order in effect immediately before the temporary custody order, unless doing so would not be in the best interest of the child.

The bill also would continue support for local education agencies (LEAs) that are affected by the enrollment of dependent children of service members.

Additional information will be made available once the committee issues its report.