(COLORADO) — The Department of Defense (DOD) has announced a change is now in effect that will impact how sexual assaults involving military members are tried in court.
Beginning Thursday, Dec. 28, decisions whether to prosecute sexual assault and several other serious crimes will instead be made by the new Offices of Special Trial Counsel (OSTC), rather than the accused service member’s chain of command. The Special Trial Counsel has general or flag officer leaders who report directly to the secretaries of the military departments.
“This military justice reform is an important step in restoring faith that the system is fair, just and equitable,” said senior Defense Department and military officials, who emphasized that the offices will be staffed by specially trained, independent military attorneys uniquely qualified to address complex cases.
The covered offenses that fall under the authority of the new OSTCs include: murder, manslaughter, kidnapping, domestic violence, stalking, child pornography and most sexual assault and sexual misconduct. Sexual harassment will become a covered offense on Jan. 1, 2025, for crimes committed after that date where a formal complaint is made and substantiated.
In the case of sexual assault, the DOD said the reform applies to unrestricted reports. A service member making an unrestricted report has decided to participate in a criminal investigation and support actions taken to hold the alleged offender appropriately accountable.
Service members filing a restricted report of sexual assault may continue to report allegations confidentially without triggering an investigation, while still connecting with medical, legal and advocacy services and submitting information to the CATCH a Serial Offender Program, if they choose.
“We are also taking major steps in the areas of prevention, climate, culture and victim care,” a senior DOD official said. “It is only with this comprehensive approach that we can prevent these crimes and work to restore the trust and confidence of our service members.”
