Wednesday, March 14, 2018

Juvenile on juvenile sexual assault on military bases-what to do?

The media is reporting a problem on U.S. military bases.
"When the children of U.S. service members sexually assault one another on a military base there often is no justice.
That's because federal law governs civilians on many U.S. military installations, and federal prosecutors have little interest in pursuing juvenile sex assault cases. As a result, both victims seeking closure and young offenders needing treatment often receive neither, an Associated Press investigation found.
One solution, known as "retrocession," offers some hope."
Basically, retrocession means the military gives the cases over to the local prosecutor for action where the MCIO and command believe there are credible allegations. The process has been tried and seems to be working at several Army and Marine Corps installations.

Note we are talking about juvenile accused's who are not subject to UCMJ jurisdiction.

A decade after the Pentagon began confronting rape in the ranks, the U.S. military frequently fails to provide justice to the children of service members when they are sexually assaulted by other kids on base.
. . .
Instead of punishment or rehabilitation, young offenders may be shuffled into the civilian world.
The Pentagon doesn’t know the problem’s true extent, but officials promised “appropriate actions.”
Some have been trying to get Congress to allow local authorities to handle crimes against juveniles.  However, "Base commanders objected, and state officials worried they would inherit new problems, said Haines, a 29-year federal prosecutor who wrote a book about the issue."

[Federal Enclave Law, Atlas Books (2011) may be the book.]

A 2012 U.S. Attorney General National Task Force on Children Exposed to Violence describes some of the issues and also some of the proposed ways to address them.

1 comment:

  1. Update: "Congress reacted Thursday to an Associated Press investigation into sexual assault among children on U.S. military bases by demanding the Defense and Justice departments explain how they will solve the problem."


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