JUDICIAL PROCEEDINGS PANEL
Subcommittee Meeting

July 22, 2015
Arlington, VA


Article 120, Uniform Code of Military Justice Deliberations

&

Abuse of Authority/Coercive Sexual Offenses


10:30 – 10:35     Comments from Chair

10:35 – 11:30     Article 120 Deliberations (Working Groups Present to Full Subcommittee)

11:30 - 12:00      Lunch

12:00 - 1:00       Article 120 Deliberations (Working Groups Present to Full Subcommittee)

1:00 - 2:00         Article 120 Deliberations (Working Groups Present to Full Subcommittee)

2:00 - 3:30         Case Studies on Abuse of Authority/Coercive Sexual Offenses in the Training Environment

3:30 - 5:00         Former Training Commanders' Perspectives on Preventing and Prosecuting
                          Abuse of Authority / Coercive Sexual Offenses

Materials
Issues Related to Coercive Sexual Relationships and Abuse of Authority (Issues 6, 12-17) Department of Defense, Report on Protections for Prospective Members and New Members of the Armed Forces During Entry-Level Processing and Training, dated May, 2014 Duke Journal of Gender Law & Policy, Military Sex Scandals from Tailhook to the Present: The Cure Can Be Worse than the Disease, Professor Kingsley R. Browne, dated May, 2007

Department of the Air Force, Commander Directed Investigation Report, Developing America's Airmen: A Review of Air Force Enlisted Training, Executive Summary, dated August 22, 2012

Air Education & Training Command, Commander's Report to the Secretary of the Air Force, Executive Summary, dated November 2, 2012

Judicial Proceedings Panel Request for Information, Question 7: Focusing on offenses involving abuse of power or position.

Judicial Proceedings Panel Request for Information, Question 9: What impact on trial practice would you anticipate if a "strict liability" standard was applied to sexual assault allegations involving trainer/trainee and/or senior/subordinate relationships?  What impact would such a change have on organizational discipline and effectiveness? 

Judicial Proceedings Panel Request for Information, Question 10: If available, please provide sample specifications illustrating how prosecutors have charged an offense where there was a sexual act or sexual contact that involved constructive force by a trainer against a trainee or a senior against a subordinate.  

Judicial Proceedings Panel Request for Information, Question 11: Other than charging offenses under Article 120, how have offenses been charged in cases of a sexual nature that involved either a trainer or supervisor who abused their power?  Please provide sample specifications illustrating how offenses have been charged according to other punitive articles of the UCMJ.  Have the 2007 and 2012 amendments to Article 120 changed how these offenses have been charged?

Department of the Army, TRADOC Regulation 350-6, Enlisted Initial Entry Training Policies and Administration (Excerpts), dated November 7, 2013

Department of the Air Force, Air Education and Training Command Instruction 36-2909, Recruiting, Education, and Training Standards of Conduct (Excerpts), dated December 2, 2013 

United States Coast Guard, General Order: Prohibited Relationships Between Coast Guard Recruiting Command Staff and Applicants/Recent Applicants, dated December 9, 2013 

United States Marine Corps, Depot Order P1510.31: Standard Operating Procedures for Recruit Training (Short Title: SOP for Recruit Training), dated March 20, 2014

Department of the Navy, Recruit Training Command Instruction 3000.1A Change Transmittal 3, Recruit Training Command (RTC) Standard Operating Procedures (SOP), dated January 23, 2008

United States Navy-Marine Corps Court of Criminal Appeals, US v. Jacob L. Pease, dated July 14, 2015

United States Court of Appeals for the Armed Forces, US v. Christopher S. Schloff, dated July 16, 2015
   

 

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