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Senator seeks records on military sex crimes

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J. Scott Applewhite | AP

Sen. Kirsten Gillibrand, D-N.Y., chair of the Senate Armed Services subcommittee on Personnel, discussing her proposed reforms for prosecuting sexual assaults in the military, during an interview Tuesday, Jan. 21, 2014, with The Associated Press in her Capitol Hill office in Washington.

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WASHINGTON — The Pentagon is coming under pressure to give Congress detailed information on the handling of sex crime cases in the armed forces following an Associated Press investigation that found a pattern of inconsistent judgments and light penalties for sexual assaults at U.S. bases in Japan.

Democratic Sen. Kirsten Gillibrand of New York, who’s led efforts in Congress to address military sexual crimes, is pressing the Defense Department to turn over case information from four major U.S. bases: Fort Hood in Texas, Naval Station Norfolk in Virginia, the Marine Corps’ Camp Pendleton in California, and Wright-Patterson Air Force Base in Ohio.

Fort Hood made national headlines in May after reports surfaced of a possible prostitution ring on post.

Army officials have not revealed if the suspected ringleader in the alleged Fort Hood prostitution ring — who was a coordinator with Fort Hood’s Sexual Harassment/Assault Response and Prevention program — has been charged.

In connection with the case, at least one local solider faced a court-martial in December on charges he solicited sex from another female solider for money. Brad Grimes was found guilty of conspiring to patronize a prostitute and solicit adultery, but was found not guilty of the more serious offenses of patronizing a prostitute and committing adultery. Grimes, a master sergeant at the time, was demoted to sergeant first class and received a letter of reprimand.

The requested records would shed more light on how military commanders make decisions about courts-martial and punishments in sexual assault cases and whether the inconsistent judgments seen in Japan are more widespread.

AP’s investigation, which was based on hundreds of internal military documents it first began requesting in 2009, found that what appeared to be strong cases were often reduced to lesser charges. Suspects were unlikely to serve time even when military authorities agreed a crime was committed. In two rape cases, commanders overruled recommendations to court-martial and dropped the charges instead.

Gillibrand, who leads the Senate Armed Services personnel panel, wrote Monday to Defense Secretary Chuck Hagel asking for “all reports and allegations of rape, forcible sodomy, sexual assault, sex in the barracks, adultery and attempts, conspiracies or solicitations to commit these crimes,” for the last five years.

She said AP’s investigation is “disturbing evidence” that some commanders refuse to prosecute sexual assault cases and the Pentagon should have provided the records more quickly.

The documents may build momentum for legislation she introduced that would strip senior officers of their authority to decide whether serious crimes, including sexual assault cases, go to trial. The bill would place that judgment with trial counsels who have prosecutorial experience and hold the rank of colonel or above. The legislation, expected to be voted on in coming weeks, is short of the 60 votes needed to prevent a filibuster.

Defense Department officials acknowledged the problem of sexual assaults in the ranks and said they are taking aggressive steps to put a stop to the crimes.

“This isn’t a sprint,” said Jill Loftus, director of the Navy’s sexual assault prevention program. “This is a marathon and it’s going to take a while.”

Col. Alan Metzler, deputy director of the Defense Department’s Sexual Assault Prevention and Response Office, said numerous changes in military law and policy made by Congress and the Pentagon are creating a culture where victims trust their allegations will be taken seriously and perpetrators will be punished. Defense officials noted the cases in Japan preceded changes the Pentagon implemented in May.

Gillibrand’s request doesn’t seek the exhibits for cases. She is asking for reports and recommendations made in Article 32 proceedings, the military’s version of a grand jury, and the results of all courts-martial that were convened to adjudicate rapes and other serious sex crimes.

She said it’s been a struggle to get timely and accurate data from the Defense Department about sexual assault cases.

“They are maintaining a closed system when what we really need is sunshine,” Gillibrand said in an AP interview. “What we really need is light and transparency so we can get to the root of the problem and then find the right solutions.”

Herald military editor Rose L. Thayer contributed to this report.

1 image

J. Scott Applewhite | AP

Sen. Kirsten Gillibrand, D-N.Y., chair of the Senate Armed Services subcommittee on Personnel, discussing her proposed reforms for prosecuting sexual assaults in the military, during an interview Tuesday, Jan. 21, 2014, with The Associated Press in her Capitol Hill office in Washington.

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