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How military and/or civil courts address sexual assault/rape in military Essay


Rape and sexual assault is a pervasive problem in most military camps around the world. This is a serious problem that requires urgent measures to eradicate. According to Somerville, in the sexual assault reports released by the Department of Defense in the March 2007, 2947 cases of sexual assault were reported in the military camps in United States in 2006 (301). This was a 24 percent increase from the 2005 reported cases.

Furthermore, sexual harassment and assault survey of the service academies carried out in 2005 reported that six percent of females and one percent of men contended that they were sexually assaulted in one way or another between 2004 and 2005 (Somerville 301). It was reveled that approximately sixty percentage of the female cadets indicated that the rate and prevalence of sexual assault and harassment remained the same from the time of their enrollment in the military.

The statistics are alarming, but it is the truth of the matter (Somerville 301). There are various problems that relate to sexual assault in the military camps. This may not be known to the public because of the confinements of the military in the camps.

The military courts of martial are mandated to ensure that military officers who engage in sexual harassment are tried and convicted. However, it seems this court does not perform its duties diligently. According to Somerville, many military officials have admitted that less than one third of sexual offenses cases are officially reported and less than 500 cases of those reported proceed on to trial (301).

Furthermore, of those cases that proceed for trial, less than a half of them lead to conviction and many of those convicted still remain in the military service. This is a practice that does not assist in alleviating sexual offenders who continue to mar the military camps. Some of the cases involve sexual harassment of military personnel and the civilians who live around the camps.

It is difficult to detect an in-service member who has been convicted by a court martial for sexual offence crime. Military records of those convicted in sexual offences were being disposed-off after duration of five years (Katie para. 4). Therefore, this meant that the registry would not reflect on the past behaviors of the military personnel who engaged in sexual assault (Katie para. 4. This is one hindrance in ensuring that this behavior is eradicated in the military, and those who have fallen victims get justice (Hope and Eriksen 109).

It is further revealed that some of the states have not enforced rules to ensure that sexual offenders are registered in a registry to ensure that their behaviors are monitored. This registry would ensure that the community, fellow colleagues, unit commanders and civilian law enforcers watch the movement of the sexual predictors.

Another limitation in ensuring that justice is reached in the courts is the limitation of military protective orders (Hillman 101). The military commanding officers have been given the authority to maintain good order and discipline among the service members, and junior officers within the command.

Therefore, these officers have the discretion to take action, impose non judicial punishment and initiate charges for a court martial. These commanders often fail to play their role well, hence make it difficult for the accused or sexual offenders to be convicted under the court of law.

Sexual harassment leads to social and emotional problems on victims. There is need for the military courts to come up with affable programs that will ensure that sexual harassment in the military is eradicated. This requires cooperation of the states, military officials, community and the martial courts. Registry should be provided to help reduce the prevalence of sexual assaults in the military camps.

Works Cited

Hillman, Elizabeth. Front and Center: Sexual Violence in U.S. Military Law. Politics & Society, 37.1 (2009): 101-129. Print.

Hope, Angela and Eriksen Matthew. From militarysexual trauma to ‘organization-trauma’: Practicing ‘poetics of testimony’. Culture & Organization. 15.1(2009)109-127. Print.

Katie, Drummond. Sexual Assault In The Military: Petition Pleads For Offender Registry. Web. <>

Somerville, Kathlene. The Military Report Card Concerning Domestic Violence and Sexual Assault, Including Compliance with the Lautenberg Amendment. Family Law Quarterly, 43.2(2009): 301-314. Print.

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IvyPanda. (2018, November 30). How military and/or civil courts address sexual assault/rape in military. Retrieved from https://ivypanda.com/essays/how-military-and-or-civil-courts-address-sexual-assault-rape-in-military/

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"How military and/or civil courts address sexual assault/rape in military." IvyPanda, 30 Nov. 2018, ivypanda.com/essays/how-military-and-or-civil-courts-address-sexual-assault-rape-in-military/.

1. IvyPanda. "How military and/or civil courts address sexual assault/rape in military." November 30, 2018. https://ivypanda.com/essays/how-military-and-or-civil-courts-address-sexual-assault-rape-in-military/.


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IvyPanda. "How military and/or civil courts address sexual assault/rape in military." November 30, 2018. https://ivypanda.com/essays/how-military-and-or-civil-courts-address-sexual-assault-rape-in-military/.

References

IvyPanda. 2018. "How military and/or civil courts address sexual assault/rape in military." November 30, 2018. https://ivypanda.com/essays/how-military-and-or-civil-courts-address-sexual-assault-rape-in-military/.

References

IvyPanda. (2018) 'How military and/or civil courts address sexual assault/rape in military'. 30 November.

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