What is sexual assault? And how JBER aims to stop it

  • Published
  • By Air Force Staff Sgt. William Banton
  • JBER Public Affairs
JOINT BASE ELMENDORF-RICHARDSON, Alaska --  This week's public announcement of yet another sexual assault-related prosecution on Joint Base Elemendorf-Richardson has brought to the forefront a problem plaguing the Department of Defense to JBER's community.

"We take this matter very seriously, and my hope is that people will not walk away with the idea that the military is not addressing this in as quickly a way as we can," said Air Force Col. Brian Duffy, commander of the 673d Air Base Wing, in an interview with KTVA Channel 11 May 16. "We take our prevention program very seriously, we take our education program very seriously, and I as a commander take accountability of our personnel very seriously."

According to the U.S Army's Sexual Assault Prevention and Response Program web page, the military defines sexual assault as any intentional sexual contact, characterized by use of force, physical threat or abuse of authority, or when the victim does not or cannot consent. This can include everything from non-consensual sodomy (oral or anal sex), indecent assault (unwanted and inappropriate sexual contact or fondling), rape, and attempts to commits these acts. Other sex-related offenses, which do not meet the definition of sexual assault are defined as all other sexual acts or acts in violation of the Uniform Code of Military Justice.

In order to ensure the Air Force is addressing a problem President Obama recently described as a "shameful and disgraceful crime" and an "insidious germ that will eat at the trust necessary to hold service members together under tough circumstances," this past March the Air Force Office of Special Investigations began heading the investigations of all sexual assaults regardless of severity. To help support this new policy, the Air Force hired and trained 24 AFOSI agents charged exclusively to investigate sexual assaults.

Despite the increase in trained personnel, the prosecution of individuals accused of sexual assault or sex related crimes can still be a long and drawn out process.
According to Air Force Capt. Tyler Sena, chief of Military Justice for the 673d Air Base Wing Judge Advocate, the completion of the investigation is just the beginning.

"At the completion of an investigation by AFOSI or other law enforcement agency, all the available evidence is reviewed by both JA and command," Sena said. "Based on the investigation, we outline the commander's legal options as to which offenses are supported by the evidence and he or she makes a determination to prefer charges or not. In this process, victims are also given an opportunity for input on disposition decisions."

This process can take months and is the reason crimes committed last fall are just going to trial.

Those accused of sexual assault are also entitled under the UCMJ an opportunity to be represented by an Area Defense Counsel, a military attorney whose chain of command is distinct from the commander deciding disposition of the allegation. Making sure the accused is provided a proper defense plays an important role in assuring justice, but can also factor into the decisions of when a case goes to trial.

"If there is a prosecution [of the accused] that results in a conviction, the court-martial could adjudge jail time up to life in prison for the most serious types of sexual assault offenses," Sena said. "The court-martial could also adjudge a punitive discharge. In addition, most jurisdictions require some type of sex offender registration."

The Department of Defense is continuously evaluating how best to combat the problem of sexual assault, not only through increased publicity and greater familiarity with prevention and awareness programs but also by focusing on victims' rights.

The legal office has a Victim Witness Assistance Program designed to ensure victims are informed of the legal process, their rights in it, and to coordinate with other agencies for other victim support services.

Starting this summer, JBER will also be implementing a new DoD pilot program, the Special Victims' Counsel, which will provide sexual assault victims a specially trained Judge Advocate who will represent them throughout the investigation and prosecution processes. The new program provides another avenue for victims to receive help and is designed with the intention of increasing a victim's empowerment and willingness to cooperate in military justice system.

For more information on sexual assault prevention, the reporting process or to report an assault, contact JBER's Sexual Assault Response Coordinator; Air Force at 551-7272, Army at 384-7272.