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Sexual Assaults Under the Uniform Code of Military Justice (UCMJ)
註釋Recent high-profile military-related cases involving sexual assaults by U.S. servicemembers have resulted in increased public and congressional interest in military discipline and the military justice system. Questions have been raised regarding how allegations of sexual assault are addressed by the chain of command, the authority and process to convene a court-martial, and the ability of the convening authority to provide clemency to a servicemember convicted of an offense. In the 113th Congress, there have been no fewer than 10 separate bills introduced addressing the issue of sexual assault in the military. The bills have proposed various provisions that include, but are not limited to prohibiting enlistment in the armed forces of individuals previously convicted of sexual offenses, eliminating the statute of limitations on prosecution of sexual offenses under the UCMJ, and barring commanders from overturning convictions obtained at court-martial. This report will address selected legislative proposals including requiring special victims' counsel, changes to disposition and clemency authorities, creation of a mandatory minimum punishment, authority to transfer the accused, and protections for recruits and trainees.