Military Sexual Assault: A Framework for Congressional Oversight
Abstract
The rate of sexual assault in the military has garnered significant attention over the past decade from policymakers. While there have been several efforts to improve prevention, response, and accountability for sex-related offenses within the Department of Defense (DOD), there has not been a concomitant decrease in either estimated prevalence or sex-assault reports among military servicemembers. In addition, there is some evidence that a majority of sexual offenses are not being reported, as estimated prevalence of sexual assault from survey data consistently exceeds the number of incidents that are reported. DOD encourages sexual assault reporting for two reasons, 1) to allow victims to get access to support services (e.g., legal, medical, and health counseling), and 2) to hold perpetrators accountable through the military justice system. Congress has the Constitutional authority to enact military criminal law applicable to members of the Armed Forces. Congress has determined that sexual assault is a criminal act under the Uniform Code of Military Justice (UCMJ) in Title 10 of the United States Code. Since 2004, Congress has enacted over 100 provisions intended to address different aspects of the problem as part of the annual National Defense Authorization Act (NDAA) and as stand-alone legislation affecting veterans and civilians. In addition, DOD and other federal agencies have devoted significant resources to the issue in terms of funds, personnel, and training time. Given the scope and complexity of this issue, it is helpful to apply a framework for analysis and oversight. This report provides such a framework to help congressional staff understand the legislative and policy landscape, and to link proposed policy solutions with potential impact metrics.
Document Details
- Document Type
- Technical Report
- Publication Date
- Feb 26, 2021
- Accession Number
- AD1169698
Entities
People
- Barbara Salazar Torreon
- Kristy N. Kamarck