The Role of Military Law and Systemic Issues in the Military's Handling of Sexual Assault Cases

Abstract

Allegations of sexual assault and sexual harassment by prominent entertainment and media figures and politicians in the United States have brought renewed attention to a political debate that earlier had been focused on universities and the military: the apparent failure of institutions to address and punish cases of sexual assault by their members. In light of this debate, we consider how cases fare in an institution that is perennially accused of gender bias and of tolerating rape: the US military. Through the analysis of 585 sexual assault report summaries from the US military bases in Japan, we find that the military often tries to punish cases of sexual assault. However, many cases do not have sufficient evidence for prosecution as sexual assault cases. Low conviction rates at court-martial for reported sexual assaults may indicate systemic problems with the nature of the cases themselves and the circumstances in which the cases arise. Low conviction rates may also reflect the military's legal mandate to prioritize mission, and its legal system's multiple options for addressing crime outside of trial procedures. Case characteristics interact with the primary concerns of command authority and complainants, within a highly institutionalized, closed context, to affect the military's handling and disposition of reported sexual assault cases.