Trending
Few things at the Pentagon happen quickly, but rarely have its powers of delay been as regrettable as in its decades-long reconsideration of how to handle allegations of sex crimes in the ranks. For years, the military insisted that decisions about whether to investigate and prosecute alleged sexual harassment, assault and rape were best left in the hands of unit commanders, who are responsible for the readiness and morale of their sailors, Marines, soldiers or airmen. The Pentagon stuck to this position even as reports of mishandled sex crimes dogged the services and recruiting flagged.
But thanks to the concerted efforts of a few members of Congress, justice now has a chance. Though it took years of pressure and two acts of Congress to make it happen, allegations of sex crimes are being removed from the hands of unit commanders and given instead to a team of specially chosen military lawyers. The organization, known as Offices of Special Trial Counsel, will have sole responsibility for investigating and prosecuting cases of sexual assault, domestic violence, child abuse and murder. OSTC decisions are binding and cannot be vetoed by local commanders. President Biden signed an executive order in July that formalizes the changes.
This is a welcome development. Taking cases out of the chain of command removes the influence of local commanders who might favor other priorities or who might have fostered an atmosphere that made equity and fairness inside their units a secondary concern. The reforms should also increase reporting of sexual misconduct, if only because there is little point in reporting wrongdoing if there is no independent third party to investigate it.
Certainly, the military culture needs to change. In an update last September, the Pentagon reported that sexual assault across all the services rose 13 percent between 2020 and 2021. The report also estimated unwanted sexual contact, according to a confidential survey, nearly doubled, from 20,000 incidents to some 36,000. A top Pentagon official called the results "tragic and extremely disappointing."
While our hunch is that the services might need to train more lawyers for this organization than they imagine -- and make that work a favored career inside the Army, Marines, Navy and Air Force -- this outcome is a case study in compromise and determination. It is also one the Editorial Board has long favored. Defense Secretary Lloyd Austin was right to move the Pentagon off the dime. But the biggest share of the credit goes to Sens. Kirsten Gillibrand (D-N.Y.) and Joni Ernst (R-Iowa), who worked together to build bipartisan support in the Senate for these reforms. We hope all involved will monitor the progress of these reforms to ensure the Pentagon, when it comes to its men and women in uniform, keeps moving toward justice for all.
* Guest editorial by The Washington Post.