WASHINGTON — Starting Thursday, military branch commanders will no longer determine whether cases involving murder, sexual assault, child sexual assault, and intimate partner violence proceed to court-martial. These decisions will now be made by special trial counsel offices established by each military branch, in accordance with the Uniform Code of Military Justice.
This move is aimed at enhancing the fairness, justice, and equity of the military justice system. Senior Defense Department and military officials have stated that the OSTCs will be staffed by specially trained military attorneys skilled in handling complex cases. These offices are expected to operate with the professionalism and best practices of civilian prosecution offices.
“This landmark change to the U.S. military justice system will significantly strengthen the independent prosecution of sexual assault and other serious criminal offenses in the Department of Defense,” Secretary of Defense Lloyd Austin said in a Thursday statement.
The OSTCs will have authority over cases involving murder, manslaughter, kidnapping, domestic violence, stalking, child pornography, and most sexual assault and sexual misconduct offenses. Additionally, starting January 1, 2025, sexual harassment will also fall under their purview for crimes where a formal complaint is made and substantiated.
In terms of sexual assault cases, the reform applies to unrestricted reports, where the service member chooses to participate in a criminal investigation. Special victims’ counsel, victims’ counsel, and victims’ legal counsel are available for confidential support in understanding these changes.
Service members who opt for restricted reporting of sexual assault can still report allegations confidentially without initiating an investigation and access medical, legal, and advocacy services.
These reforms, initiated by Secretary of Defense Lloyd J. Austin III, are part of a broader effort to counter sexual assault in the military and were developed from recommendations by the Independent Review Commission on Sexual Assault in the Military. The implementation of these historic changes follows congressional approval and presidential endorsement.
