Wednesday, September 4, 2024

Sex and Consent in the Military

Global Military Justice Reform contributor Prof. Rachel E. VanLandingham has this timely column in Lawfare. Excerpt:

So while most of the interested public will likely focus on the fact that Maj. Gen. [Phillip] Stewart was found not guilty of sexually assaulting his subordinate officer, the fact that he was prosecuted is itself hugely significant as it reflects the sea change in military law regarding affirmative consent. Through this court-martial, in which an officer’s claims against her general officer boss were taken seriously, the Air Force seemingly demonstrated that it understands and supports the law’s affirmative consent standard and those it is designed to protect.

It’s about time to understand that the lack of a “no” does not mean “yes.” It’s also long past time that senior and junior leaders of U.S. Armed Forces behave in the professional, noncriminal manner that those they lead, and the nation, deserve—and that those who do not are held to account.

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