SEX ASSAULT BILL PASSES
The Senate in a 97-0 vote approved a bill late Monday making big changes in the military justice system to deal with sexual assault, including scrapping the nearly century-old practice of using a “good soldier defense” to raise doubts that a crime has been committed. The bipartisan plan crafted by Democratic Sen. Claire McCaskill of Missouri and Republican Sens. Kelly Ayotte of New Hampshire and Deb Fischer of Nebraska would impose a half-dozen changes to combat the pervasive problem of rape and sexual offenses that Pentagon leaders have likened to a cancer within the ranks. The unanimous vote was in sharp contrast to last week, when military leaders vigorously opposed a measure that would have stripped commanders of their authority to prosecute cases and given that power to military lawyers outside the chain of command. The Pentagon had been generally accepting of the new bill. The bill now goes to the House.
Associated Press
The sexual assault case against an Army general was thrown into jeopardy Monday when the judge said the military may have improperly pressed ahead with a trial to send a message about its determination to curb rape and other widespread misconduct.
Judge Col. James Pohl refused to dismiss the charges against Brig. Gen. Jeffrey A. Sinclair but offered the defense another chance to plea-bargain the case with a set of military officials not previously involved with the matter.
The twist comes with the Pentagon under heavy pressure from Congress and beyond to combat rape and other sex crimes in the military. Late Monday, the Senate unanimously approved a bill making big changes in the military justice system to deal with sexual assault.
The judge reviewed newly disclosed emails in Sinclair’s case and said he found the appearance of “unlawful command influence” in Fort Bragg officials’ decision to reject a plea bargain with the general in January.
Under the military code of justice, the decision was supposed to be decided solely on the evidence, not its broader political implications.
Pohl said the emails showed that the military officials who rejected the plea bargain had discussed a letter from the accuser’s lawyer. The letter warned that allowing the general to avoid trial would “send the wrong signal.”
Sinclair’s attorneys have until this morning to decide whether to submit a plea-bargain proposal again or proceed with the court-martial, which began last week.
Sinclair, the 51-year-old former deputy commander of the 82nd Airborne Division, is accused of twice forcing a female captain to perform sexual acts in Afghanistan in 2011 during a three-year extramarital affair. He has admitted to the affair but denied assaulting the woman.
He is believed to be the highest-ranking U.S. military officer ever court-martialed on sexual assault charges. He could get life in prison if convicted.
The defense has portrayed the woman as a liar who concocted the allegations after she saw emails between Sinclair and another woman.
Richard Scheff, the general’s lead defense lawyer, said the defense has not yet decided what to do. However, he said the new developments vindicate what the defense has been claiming for months — that the Army pressed ahead with a weak case for fear of the political blowback that would result from dropping charges against such a high-profile defendant.
“This is an unprecedented situation. It’s a mess created by the government. It wasn’t created by us. We have so many options, we don’t even know what they all are,” Scheff said.
Lt. Col. Robert Stelle, the lead prosecutor, declined to comment after the hearing.
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