There are few cases that better illustrate why the military needs to create an independent office to investigate rape than that of Lt. Col. James Wilkerson. Wilkerson, a fighter pilot, was sentenced to a year in prison and dismissed from military service after being found guilty of aggravated sexual assault by a jury of his peers. His commanding officer then threw out the conviction and reinstated Wilkerson at full rank. Under the military code of justice ... the commanding officer's discretion and bias may overrule legal decisions. In this case, Lt. Gen. Craig Franklin, the commander of the 3rd Air Force, declined to approve Wilkerson's conviction by a jury of senior officers, all men. His decision suggests the Air Force doesn't take sexual assault seriously. Yet, an estimated 19,000 rapes or sexual assaults occur each year in the military, although just 8 percent of sexual assaults are referred to military court, according to a Department of Defense survey of active-duty members. That compares with 40 percent in the civilian court system. Rep. Jackie Speier, D-[CA], last week reintroduced legislation that calls for overhauling how the military justice system handles rape and sexual assault by taking prosecution, reporting, oversight, investigation and victim care out of the chain of command and putting it in an autonomous office housed in the military but staffed by both civilian and military personnel. Victims of rape and sexual assault should not have to choose between career-ending retaliation and seeking judicial action against their attackers," said Speier.
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