Updated: 02/09/2014 9:56 AM
Created: 02/09/2014 9:53 AM WHEC.com
By: Associated Press/News10NBC
Hundreds of records detailing sex-crime investigations involving U.S. military personnel stationed in Japan show most offenders were not incarcerated, suspects received light punishments after being accused of serious violations, and victims increasingly were wary of cooperating with investigators.
According to the Department of Defense documents:
NAVY USE OF NONJUDICIAL PUNISHMENT ON RISE
Data from the Naval Criminal Investigative Service, which handles the Navy and Marine Corps, show that Navy commanders in Japan increasingly are resolving sexual assault cases through nonjudicial punishment rather than courts-martial. From 2006 to 2009, they favored courts-martial, but from 2010 to 2012 they were three times more likely to choose nonjudicial punishment. In 2012, just one Navy sex-abuse case went to a court-martial, while 13 were handled through nonjudicial punishment.
MOST DON'T GET PRISON TIME
The NCIS documents show that out of 473 Marines and sailors accused of sex offenses, 179 were given some punishment, and 68 went to prison. Marines were accused more frequently than sailors, though they are stationed in Japan in similar numbers. But Marines were three times more likely to get prison sentences, which sailors received in only 15 cases over more than seven years. The Air Force data showed that out of 124 airmen accused over five years, 17 received prison time and 42 received some other punishment. In 21 Air Force cases, the sole punishment was a letter of reprimand.
LESSER CHARGES COMMON
In 46 Marine cases and 22 Navy cases, those initially accused of a violent sex crime ended up being punished for nonviolent or nonsexual offenses. The most common such charges were assault, failure to obey orders, adultery, having sex in barracks and fraternization.
MOST VICTIMS IN MILITARY
Of more than 620 serious sex-crime allegations against military personnel, at least 323 of the alleged victims also were in the military. Civilians were the accusers in 94 cases, but in nearly 200 cases the alleged victim's status was unclear. Among U.S. military sexual assault reports worldwide in the 2011-12 fiscal year, 2,949 of the 3,604 victims were service members, according to the department's annual report to Congress on sexual assault in the military.
VICTIMS GIVING UP
The NCIS data show a growing number of accusers dropping out of investigations, either by recanting the allegations or simply declining to cooperate further. In 2006, 13 accusers recanted or stopped cooperating, and 28 did so in 2012. The Air Force data showed a decline, and the Army data was incomplete.
The Associated Press obtained more than 1,000 summaries of sex-crime cases involving U.S. military personnel stationed in Japan, following Freedom of Information Act requests filed with the Army, Navy, Air Force, Marines and NCIS.
More than 600 of the documents come from the NCIS, which investigates Navy and Marine Corps cases. They cover allegations of sex crimes filed between mid-2005 and early 2013. More than 400 additional documents came from the Air Force, (covering cases from 2005 to 2010), the Army (2006-12), the Marines (2009-12) and the Navy (2011-2013). The AP reviewed all the documents but did not use the Marine or Navy data to compile overall statistics, to avoid duplicating parts of the more extensive and detailed NCIS data.
Senator Kirsten Gillibrand commented on the report Sunday morning in a release sent to News10NBC.
“This investigation shows disturbing evidence that there are some military commanders who do in fact refuse to prosecute sexual assault cases,” said Senator Gillibrand, “We know that nine out of ten cases in the military are not reported. And one of the prime reasons why these crimes go unreported is because trust in the system has been irrevocably broken due to the inherent bias and conflicts of interest posed by a closed system where the boss holds all the cards. Today’s report shows the direct evidence of the stories we hear every day. The men and women of our military deserve better. They deserve to have unbiased, trained military prosecutors reviewing their cases, and making decisions based solely on the merits of the evidence in a transparent way.
“Survivors of military sexual assault have been bravely walking the halls of Congress for over a year now – selflessly reliving some of the worst moments of their lives so someone else doesn’t have to suffer the trauma they did. Their day on the Senate floor is coming soon – and if we have to break a filibuster to give them justice that is exactly what we will do. We will not stop fighting until the gavel comes down. We owe them a justice system that is worthy of their sacrifice.”
Sen. Gillibrand has been leading a push in Congress to reform sexual assault reporting and handling of cases within the military.