WASHINGTON.– US President Joe Biden will sign this Friday a reform of military justice that affects cases of sexual and child abuse, domestic violence and other crimes, such as homicides and kidnappings.
A high-ranking official of the US Administration explained in a call with journalists that this measure will transfer the authority to prosecute these types of cases from commanders to independent military prosecutors.
“It is a turning point for survivors of gender-based violence within the Armed Forces and represents the most significant transformation of the military justice system”the source pointed out.
The president’s signature implies the definitive ratification of a project approved two years ago by Congress, which has a maximum term to enter into force on December 27, 2023.
Another White House official explained that this two-year period until its signing has served to give the Government time to implement the necessary elements for the operation of the main points of the reform.
By virtue of this change, offices will be created with the new independent military prosecutors, who from now on will decide instead of the commanders whether to prosecute these types of crimes.
The order that will be signed today by Biden establishes the rules that will govern those offices and stipulates that the orders issued by the new prosecutors will be mandatory and completely independent of the chain of command of the Armed Forces.
It also includes a modification in the sentencing system to “promote uniformity and impartiality,” said the official.
According to figures offered at the end of April by the Pentagon, reports of sexual assaults in the US Armed Forces increased 1% in fiscal year 2022, when they amounted to 8,942.76 more than in 2021.
According to a report, in fiscal year 2022, commanders preferred to file charges against attackers before courts-martial in 37% of cases where there was evidence of sexual abuse. This represents a new annual decrease, since since 2013, when 71% was registered, they have been decreasing every year.
By contrast, in fiscal year 2022, 74% of cases of this type that ended up in military courts were settled with a conviction, which represents an increase of 72% compared to 2021 and confirms the upward trend since 2013.
