Tuesday, October 18, 2016

Richard Burr is not a proponent to end the sexual assault against women.

A brave women came forward in the US Senate to take a position to protect military personnel against sexual assault. That brave Senator was Kristen Gillibrand. She worked hard to hold hearings and take testimony from personnel in the military. There is a problem with sexual assault that has permanent scares on the lives of those assaulted. 

Over the last three years, (click here) there has been a stream of national headlines and new investigative reports exposing the military’s failure to combat sexual assault in the ranks and/or provide a military justice system that holds assailants accountable in order to maintain good order and discipline. Despite incremental reforms passed in the last two National Defense Authorization Acts (NDAA), and a sharp focus on the issue of military sexual assault in Congress, the most recent Pentagon survey found that 62 percent of women who reported being sexually assaulted experienced retaliation. The amount of retaliation remains unchanged from 2012, while the estimated number of unwanted sexual contacts remains at 2010 levels – an average of 52 new cases every day....

The name of the legislation was "The Military Justice Improvement Act." Richard Burr voted against protecting military personnel from sexual assault.

The cold-hearted Richard Burrrrr.... is no friend to our military personnel. To distract from this reality he sponsored a bill that would label sexual predators in the military, once convicted under the Military Code of Justice, to be listed with NSOR (National Sex Offender Registry). A sexual predator is not the same as rampant sexual assault in our military. 






IntroductionMilitary justice attorneys (click here) regularly face the question of whether an accused charged with a sexual crime under the UCMJ will have to register as a sex offender under federal or state law if convicted at court-martial. These questions are complicated by the various sexual offense distinctions under the new UCMJ Article 120, the lack of detail in the DOD reporting instructions, and the various state laws and interpretations by agencies implementing their respective state statutes. Neither the federal criminal justice system, nor the military justice system, govern the registration of sex offenders. The individual states decide and monitor sex offender registration requirements. Separate sections in this guide introduce the reader to the Federal, Military, and State laws applicable to sexual offender registration. An overview of the Federal and DOD authority precedes a summary of each individual state’s statutory requirements, including citations to the statutes, covered offenses, registration rules, and duration of the registration requirements. This guide is designed as a resource for military law practitioners researching these questions in order to advise their respective clients, colleagues, victims, and convening authorities. It is not offered as legal advice or a final answer to registration questions and it should not be relied upon for those purposes. The statutes themselves, interpreted by a qualified attorney, should be the only resource for individual cases....

This is from 2010. It needed updating. The question is "How effective is the new provision in the military courts?"

It has nothing to do with sexual assault of our military personnel. They aren't all women.