Sexual Assaults in the Navy
Two sexual assault cases are being reported by female students (Midshipmen) at the U.S. Naval Academy this summer. Both assaults happened during their 8 weeks of summer training with Navy units. The allegations are under investigation by the Naval Criminal Investigative Service (NCIS).
Uniform Code of Military Justice
The Uniform Code of Military Justice (UCMJ) Article 120 addresses all types of sexual assaults, indecent exposure, inappropriate behavior and rape cases. All the services have put programs into place to help counsel the victim and provide an advocate. This procedure provides a safe environment for a military member to report, in these cases, a sexual assault without fear of reprisal or not being taking seriously by their command.
Investigation of Misconduct
When allegations are raised, the commanding officer requests a Command Investigation or an official investigation by the services’ investigative branches. Once an investigation is complete, the commander considers the recommendation along with advice from his or her senior judge advocate (lawyer) and charges are either dropped or served on the accused.
What You Should Do
If you are suspected of an Article 120 charge, we recommend you do not talk to investigators (NCIS in this case) and request a meeting with the defense attorneys on your installation. Reported misconduct between members of different units, services or components, is reviewed, investigated and if substantiated, the accused may be charged under the UCMJ. Perceptions of an event can differ between the willing and unwilling participants. If you are a victim of misconduct in the military, report it to your chain of command. If you are the subject of an accusation of misconduct, maintain your good conduct and your silence with everyone and request to speak to a military attorney. Your actions during an investigation are crucial in helping the military defense attorneys determine the sequence of events.
Commander’s Responsibility
Remember, good order and discipline of a unit is the commander’s responsibility and the ability to work together, unhindered from threats and concerns about conduct require that all misconduct be reviewed and dealt with as required. The military justice system will enforce good order and discipline if Article 120 has been violated.
Tags: Midshipmen, military criminal case, Sexual Assault, UCMJ, USN
