Tag: sexual assaults

U.S. Military Judge Rules in Favor of Unanimous Jury Verdicts for Sexual Assault Cases

Here is an interesting development in the U.S. military’s legal system:

Former judge advocates and legal analysts varied in their opinions of an Army judge’s recent ruling that a court-martial case would require all jurors to agree in order for the defendant to be found guilty. The ruling is being appealed and is likely to be reversed, some analysts said. (Alexander W. Riedel/Stars and Stripes)

An Army judge’s novel ruling to require a unanimous guilty verdict in an upcoming court-martial has drawn an array of characterizations by military law experts: totally wrong, partially right, rogue and brave among them.

But all the analysts interviewed for this story agreed on one thing. They said the ruling will most likely be overturned by an appellate court. 

Col. Charles Pritchard, a judge in Kaiserslautern, Germany, issued the 16-page ruling this month in response to a motion by the defense for Lt. Col. Andrew Dial, who is charged with three counts of sexual assault.

“This judge obviously put a great deal of effort into it and used his noggin,” said Eugene Fidell, a military law professor at New York University. “It takes some courage for a judge to do this, so my hat’s off to him.” 

Pritchard held that allowing a split guilty verdict would violate Dial’s constitutional rights under the Fifth Amendment guarantees of due process and equal protection under the law. 

In essence, he said the military must accord Dial the same right to a unanimous criminal jury guilty verdict as civilian defendants have been afforded in federal, and, since 2020, state courts.

Stars & Stripes

You can read more at the link, but the ruling will likely be overturned according to the article because Congress sets the rules for the military’s justice system. It is unlikely they will change the split verdict system because it will lead to a likely decrease in sexual assault convictions.

Seoul Subway Stations with the Most Sexual Assault Cases

Here is some information to keep in mind when traveling on public transit in Seoul:

Seoul’s subway Line 2 is the most sexual crime-prone public area with 2,069 cases over the past five years. Among stations, Express Bus Terminal on Line 3 topped the list with 56 cases in the January-July period.

Rep. Han Sun-gyo of the main opposition Liberty Party of Korea revealed the figures on Sunday, citing National Police Agency data. 

Subway Line 9 was the second most prone with 1,479 cases since 2015, followed by Line 1 (848 cases), Line 4 (756 cases), Line 3 (407 cases), Line 5 (288 cases), Line 6 (163 cases) and Line 8 (41 cases). 

Noryangjin Station was the second most sexual crime-prone subway station (24 cases since July) after the Express Bus Terminal. Third was Yeouido (23 cases), followed by Sadang (21 cases), Seoul Station (20 cases), Gangnam (19 cases), Dongjak (18 cases) and Sindorim (17 cases).

Korea Times

You can read more at the link.

Report Says Pentagon Making No Progress In Perception of Retaliation for Reporting Sexual Assaults

The Stars & Stripes has a report stating that troops still feel like they are being retaliated against for reporting sexual assaults:

military sexual assault

Too little progress has been made in countering perceptions of retaliation felt by those who report a sexual assault, and all the services must take measures to protect victims and others who report wrongdoing from reprisals, especially from peers, Pentagon officials concluded from an annual report on sexual assault in the military.

About two thirds of female troops who are sexually assaulted and report those attacks believe they experience retaliation afterward, according to the report.

“We’re not making enough progress on countering retaliation,” Defense Secretary Ash Carter said at a news conference when the report was released Friday. “Too many servicemembers, the data shows, feel that when they report or try to stop these crimes, they’re being retaliated against in some way.”

The retaliation numbers, which are unchanged from 2012, come from a survey done late last year, and were first released in December. At the time, then-Defense Secretary Chuck Hagel announced new training and an additional study designed in part to prevent retaliation.  [Stars & Stripes]

I think to really understand this issue you have to define what retaliation is?  Is retaliation the command going after you with UCMJ and other measures or is it simply people in the unit not talking to you?  With an issue like sexual assault people may be uncomfortable talking to someone who made a report and that could be interpreted by someone as being retaliation.