Mr. Speaker, for more than 7 years, I have spoken out against the broken military justice system that allows commanders to decide how sexual assaults and other criminal offenses are prosecuted under the Uniform Code of Military Justice.…
Mr. Speaker, for more than 7 years, I have spoken out against the broken military justice system that allows commanders to decide how sexual assaults and other criminal offenses are prosecuted under the Uniform Code of Military Justice. Our servicemembers are stuck in a world where their fates rest within the chain of command, where bias is king and justice often a jester.
Today, I stand here sick at heart that, once again, a rape conviction has been overturned because of the broken military justice system. In this instance, the U.S. Court of Appeals for the Armed Forces threw out Airman Rodney Boyce's rape and assault conviction because of the involvement of Lieutenant General Craig Franklin, who referred the case to court-martial.
This all came about because, in 2013, General Franklin was admonished by his superiors for tossing out the aggravated sexual assault conviction of a fellow F-16 pilot, a unanimous decision by a jury of his peers. Certainly, a general should not have the power to overturn the findings of a court of law simply because he thinks his buddy could not possibly have committed the sexual assault.
But because Franklin was appropriately admonished for this abuse of power, the U.S. Court of Appeals found that his subsequent decision to move forward with an entirely separate Boyce case constituted unlawful command influence.
This is made more ridiculous by two facts: first, the military judge during the actual trial found no evidence of unlawful command influence; second, the appeals court that threw out the Boyce case also did not find evidence of unlawful command influence, just the ``appearance'' of it.
So, apparently, unlawful command influence is like pornography: there is no definition, but judges know it when they see it.
Colleagues, it is past time to reform this unjust system that ignores jury decisions on the whim of a convening authority. The military must remove the power to decide whether or not to prosecute sexual assault cases from the chain of command and give the authority to independent military prosecutors.
I have met with countless survivors who have suffered in unique and horrifying ways. There is a hauntingly clear pattern to nearly all of their experiences: the perpetrator was let off the hook and the victim fellow servicemember was revictimized by an unjust system, all at the hands of the chain of command that is supposed to be there to protect and defend them.
The sense of betrayal by their command is marrow deep and life altering. Many describe the feelings of this betrayal more akin to a violation at the hands of a family member rather than a boss or coworker.
All that we need to do is to allow trained and experienced lawyers in the military to make a legal judgment about a crime. This in no way impacts the commander's authority. It simply gives servicemembers what we civilians take for granted, which is relying on a trained prosecutor to decide whether to move forward with serious charges of sexual assault.
Our servicemembers deserve and need a system that they can trust to be fair and impartial. Letting a convicted rapist walk free because of a mere appearance of unlawful command influence--forget the fact that he was, in fact, convicted of the assault--shows just how deep the problem runs.
As this case shows, the perception and the reality is that commanders with a built-in conflict of interest and with little or no legal training are deciding whether to move forward to trial. They make this decision not solely based on legal reasoning, but a myriad of other factors--like how well they fly a jet or how well they are liked by others--that should not be injected into the decisionmaking.
Our servicemembers deserve and need a system that they can trust to be fair and impartial. We have the power and duty to fundamentally reform the system to ensure that they are treated with a level of fairness that befits their sacrifice and service.
Mr. Speaker, the words of one military servicemember still haunt me and ring in my ears, when she said to me:
I joined the military to fight the enemy. I never thought
that he would be right next to me.