Independent lawyers begin prosecuting cases of sex assault, other crimes in U.S. military

WASHINGTON — The U.S. military on Thursday opened a new chapter in how it investigates and prosecutes cases of sexual assault and other major crimes, putting independent lawyers in charge of those decisions and sidelining commanders after years of pressure from Congress.

The change, long resisted by Pentagon leaders, was finally forced by frustrated members of Congress who believed that too often commanders would fail to take victims’ complaints seriously or would try to protect alleged perpetrators in their units.

The new law was fueled by a persistent increase in sexual assaults and harassment across the military. The Air Force, the Marine Corps and the Navy all saw reported sexual assaults go up last year, but a sharp 9% drop in reports from the Army — the largest military service — drove the overall number down. In 2021, reported assaults spiked by 13%.

Under the law, new special counsels will have the authority to make prosecution decisions on a number of major crimes, including murder, rape and several other sexual assault-related offenses, kidnapping, domestic violence, making or possessing child sexual abuse images, stalking and retaliation.

In a statement, Secretary of Defense Lloyd J. Austin III called it “the most important reform to our military justice system since the creation of the Uniform Code of Military Justice in 1950.”

It’s unclear, however, what impact the change will have on the broader problem of sexual misconduct in the military, including if it will trigger an increase in prosecutions and, if so, whether that will have any deterrent effect.

Senior officials from the military services who are familiar with the new program said they already have more than 160 certified special trial counsels who will take over the prosecution decisions as of Thursday. Many of those lawyers, however, have already been involved, providing advice and…