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Old 29th Apr 2022, 12:33
  #91 (permalink)  
SASless
 
Join Date: May 2002
Location: Downeast
Age: 75
Posts: 18,285
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The UK is not alone with criticism of being easy on Sex Offenders.

https://www.armed-services.senate.go...s_06-04-13.pdf

During my tenure as a US DOD Criminal Investigator....I know for a fact that every allegation of Rape or Sexual Assault was thoroughly investigated and given a high priority with very close monitoring by our Organization's HQ.

The system saw the Investigative Report be submitted to the Officer having responsibility for initiating UCMJ prosecutions for action.

We made no recommendations for an outcome but merely did the Investigation using every means required to determine the fact situation and collect testimony and evidence.

Four of my cases stand out in my memory....one a Rape/Murder of a Female Prostitute, a second case of the Rape of a Female Prostitute, a Rape of a Female Service Member by a fellow Male Service Member, and another Rape of a Female Service Member by a Male Superior Ranking Service Member.

The first case resulted in the Conviction of the Killer who was sentenced to Eighteen Years in a Non-US Prison, the next case was settled out of Court by an offer to drop the charges if a large cash payment was made to settle local charges but Administrative Action against the Servicemember, the third was a case of withdrawn consent following the consensual intercourse by a Married Woman having remorse over a drunken weekend, and the final went to General Court-Martial where the Defendant was found "Not Guilty" (also the result of a drunken weekend but only reported three days after the assault and no forensic evidence could be obtained.

So a short recap....the Rape/Murder was a very sad case and was a very brutal murder but we worked hard to solve the case and did so....gaining a confession from the Killer and collected all manner of physical evidence.
The Service Member was Dishonorably Discharged upon his Conviction in the Non-US Court and was sentenced to eighteen years in the Non-US Prison.

The next case involved a young girl who had been "sold" to a Service Member as being a "Three Hole Girl" and upon forcing himself upon her against her Will....was charged with Rape by the US Authorities. The local Mayor approached the US Government with an offer to drop the Criminal Charges in exchange for 20,000 USD. The Senior US Commander and Defendant agreed to the Deal and I was required to orchestrate the exchange. Knowing the truth of the matter....the Mayor was going to keep the vast majority of the money and the victim would get a few hundred dollars at best and still be held in her sad circumstances....I and my local Investigator Partner arranged the deal where by upon his taking possession of the Victim, I would get the Paperwork confirming the Deal signed by the Mayor....I would tell the Mayor I had to take the Paperwork back to my Boss for his approval to release the money....and instead what we did was give the money directly to the Victim and my Partner drove to a great distance away for her to join family where she would be safe. The Mayor was not amused which was most heart warming knowing we helped the young girl and there was no recourse by the Mayor or Pimps.

The third case involved a Female Service Member who had engaged in a rowdy weekend of drunken partying with other members of her Unit where she engaged in Consensual Sex with at least two different Male Members of her Unit. She then filed a complaint of Rape and specified a particular staircase in a local hotel where said Rape took place. In not time we tracked down everyone that was involved, identified the two Males who had sexual relations with her....with both freely admitting that fact and who signed sworn statements to that effect. There was no physical evidence to be found. Intereviews of several Female Members of the Unit surfaced information that raised the fact the Victim had been voicing concerns about having used no contraceptive measures and feared the adverse effects a pregnancy would have upon. her marriage. In my civilian Police Department we would have "Unfounded" that complaint but the my DOD Organization forwarded that Report as a Rape Case where some Administrative Punishment was handed down.

The final case, was really sad. Young Female Service Member went out on the town with fellow Unit Members, lots of drinking, with one Male superior treating her to drinks all night....then forcing himself upon her, throwing her out of his car onto the side of the road. Unfortunately, she did not report the Rape until three days later when her Command observed her having a psychological breakdown in Ranks and she was counseled as to the cause of her behavior when she told of the assault. The Case went to General Court-Martial despite my telling the JAG Officer we did not have a Case due to the lack of witnesses, no forensic evidence despite a Ten Man Search team who walked many miles of highway looking for her discarded underwear. The Defendant was acqutted of all Charges to include the simple "Fraternization" Offense. What I saw the Defense Counsel do to that Young Woman in Court that day amounted to a Virtual Rape as his cross examination went way over the line. I know she felt betrayed by the system.....because she was. She was to be returned to the same unit....and have to serve under the same guy that had Raped her. I was able to convince the Base Commander, a Two Star General, she should be granted a transfer to some place away from our current location and he agreed and made that happen. I drove her to the airport which was a four hour drive.....and helped her as best I could. Had it been my Daughter I would have liked for someone to do that for her.

Four good examples of what we are talking about when we talk of "Rape" in the Military.

Each time....in my part of the US DOD....we placed a high priority on the cases and worked hard to fully document what transpired....not just to convict but to clear those of false allegations.
The good results of those Investigations did not always get used by Command to take genuinely appropriate actions....and that is my concern.

Command Influence, JAG Officers yielding to Command Influence or trying to play Perry Mason, Commanders who mis-use their position, all play a role in the Sexual Assault "problem" in the Military.....exactly as it does in the Civilian World.
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