After sex assault case, Hagel seeks changes to military legal process
US Defense Secretary Chuck Hagel
April 8th, 2013
06:11 PM ET

After sex assault case, Hagel seeks changes to military legal process

By Jim Kavanagh

In response to an Air Force colonel's overturned sexual assault conviction, Defense Secretary Chuck Hagel is asking Congress to limit military commanders' authority to toss out court-martial verdicts.

"These changes would increase the confidence of service members and the public that the military justice system will do justice in every case," Hagel said in a statement Monday announcing the initiative.

Hagel also wants to require commanders who change court-martial sentences to explain their decisions in writing.

The effort comes in response to the case of Air Force Col. James Wilkerson. The F-16 pilot was freed last year from a Navy brig four months after a court-martial convicted him of sexually assaulting a woman at his home outside Aviano Air Base in Italy.

Acting under the military justice system's Article 60, the Air Force's top commanding officer in Europe, Lt. Gen. Craig Franklin, exercised his power as "convening authority" of the court-martial to overturn the conviction.

Sen. Claire McCaskill, D-Missouri, a member of the Senate Armed Services Committee, was among those expressing outrage over the decision.

"As we are trying to send a signal to women ... I question now whether that unit that that man returns to, whether there's any chance a woman who is sexually assaulted in that unit would ever say a word," McCaskill said during a hearing in March.

Lisa Windsor, a former Army Judge Advocate General officer, said any base commander has authority to do what Franklin did, but "I've actually never seen that happen before, that a convening authority would completely overturn the case."

Hagel ordered a review of the Uniform Code of Military Justice, and Monday's announcement is the result. The Joint Chiefs of Staff and secretaries of the various services support the changes, he said.

"Despite the attention and efforts of senior leaders throughout the Department of Defense, it is clear the department still has much more work to do to fully address the problem of sexual assault in the ranks," Hagel said. "This crime is damaging this institution. There are thousands of victims in the department, male and female, whose lives and careers have been upended, and that is unacceptable."

About 19,000 men and women suffer sexual assault each year in the military, former Defense Secretary Leon Panetta said last year in announcing a Pentagon effort to stop the crime. Panetta noted that only about 3,200 of those assaults were reported. About 10,700 cases - 56% - involved male victims in 2010, based on anonymous reporting collected by the military.

 CNN's Brian Todd, Josh Levs and Ashley Fantz contributed to this report.

Filed under: Legal • Military • Security Brief
soundoff (6 Responses)
  1. Dusty Micalizzi

    Once I initially commented I clicked the -Notify me when new comments are added- checkbox and now each time a remark is added I get 4 emails with the same comment. Is there any approach you can take away me from that service? Thanks!

    February 23, 2021 at 6:26 pm | Reply
  2. Joseph McCarthy

    Whether in or out of uniform, everyone needs to be held accountable for their actions!

    April 8, 2013 at 8:57 pm | Reply
  3. John Smith

    America is the root of all terror. America has invaded sixty countries since world war 2.
    In 1953 America overthrow Iran's democratic government Mohammad Mosaddegh and installed a brutal dictator Shah. America helped Shah of Iran to establish secret police and killed thousands of Iranian people.
    During Iran-Iraq war evil America supported Suddam Hossain and killed millions of Iranian people. In 1989, America, is the only country ever, shot down Iran's civilian air plane, killing 290 people.
    In 2003,America invaded Iraq and killed 1,000,000+ innocent Iraqi people and 4,000,000+ Iraqi people were displaced.
    Now America is a failed state with huge debt. Its debt will be 22 trillion by 2015.

    April 8, 2013 at 7:35 pm | Reply
    • Hedonikos

      I take it you are not an American. Because if you are... leave.

      April 8, 2013 at 10:16 pm | Reply
    • The Shot

      I guess if all else fails, simple insansity is a good option.

      April 9, 2013 at 4:49 am | Reply
    • Jim

      @John Smith

      Do you understand that such propaganda is useless in this context? No one is swayed by such childish and exaggerated statements.

      April 9, 2013 at 9:51 am | Reply

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