President Joe Biden delivers remarks to Department of Defense personnel. (Photo: Lisa Ferdinando, DOD)
President Joe Biden has signed an executive order that brings changes to the Uniform Code of Military Justice, or UCMJ, regarding the prosecution of serious crimes within the military, such as sexual assault, domestic violence, child abuse, murder, and other charges.
The order shifts decision-making authorities outside the military chain of command in such cases. This move follows recommendations made by an independent review commission on sexual assault in the military, established by Defense Secretary Lloyd Austin, to move prosecution of sexual assault cases outside the chain of command.
The key changes in the order include the establishment of the Offices of Special Trial Counsel, or OSTC, composed of independent military prosecutors, who will be responsible for making prosecutorial decisions in cases of sexual assault and violent crimes. The executive order will create a fairer and more just system for survivors of gender-based violence in the military.
The changes are seen as a major reform to the military justice system and represent a significant milestone in the efforts to address gender-based violence. Congress had given the administration until December 2023 to implement these changes, but they were completed ahead of schedule.
Sen. Kirsten Gillibrand (D-NY) played a role in pushing for these reforms and expressed gratitude for the President’s action, stating that these measures will instill more trust and confidence in the military justice system.
The Pentagon had already started setting up the Offices of Special Trial Counsel, which will have authority over prosecution decisions by the end of the year and will expand their authority to include sexual harassment cases starting January 1, 2025.
The changes come amid increasing reports of sexual assault within the military. However, defense officials view this as a positive trend indicating increased confidence in the reporting system and support for victims, as well as greater accountability for offenders, rather than a higher rate of incidence.
Author: Rikki Almanza
Rikki is a Web Content Coordinator for the American Legion, Department of California. With a deep-rooted connection to the military, a spouse who is a Navy veteran, a father who served in the Air Force for 25 years, and a grandfather who proudly served, Rikki is committed to using her skills and knowledge to provide valuable assistance and resources to servicemembers and veterans.