January 1, 2023executivemilitary justicesexual assaultchain of commandmilitary reformexecutive
Military Sexual Trauma reform takes effect sexual assault prosecutions move out of chain of command
The landmark military justice reform from Biden's FY2022 National Defense Authorization Act takes effect, removing prosecution of sexual assault, sexual harassment, and several other serious crimes from the military chain of command and transferring jurisdiction to independent special trial counsels who report outside the chain of command. The reform, championed for years by Sen. Kirsten Gillibrand, ends a decades-long system in which commanding officers, who often prioritized unit cohesion over justice, had final authority over whether to prosecute sexual misconduct. The Pentagon implements the new system across all branches. DoD reports that the reform leads to a notable increase in reported cases and prosecutions in its first year.