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Current System

This system outlines the process for handling cases of sexual assault in the military, involving legal advice, investigation, and court-martial proceedings. The process includes notification to the Military Criminal Investigative Organization, review by a prosecutor, and potential trial convening. It offers a structured approach to addressing sexual assault cases within the military justice system.

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Current System

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  1. Current System Staff Judge Advocate advises commander on the facts of the case and gives recommendation on proceeding to court martial Military Criminal Investigative Organization notified and investigation completed If yes, then the commander convenes the court martial Results of investigation sent to Staff Judge Advocate Unrestricted report of sexual assault Commander decides if trial proceeds to court martial New System Military Criminal Investigative Organization notified and investigation completed *Experienced prosecutor who is not in the chain of command of the victim or the accused reviews the evidence If yes, then the Service Secretary’s office assigns independent O-6 to convene the court martial Experienced prosecutor decides if trial proceeds to court martial Results of investigation sent to experienced prosecutor Unrestricted report of sexual assault *Only applies to offenses that are not excluded as uniquely military and are punishable by more than one year of confinement. All excluded offenses will still be handled by the chain of command.

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