Concerns Remain over Military Sex Assault Cases

The military justice system is back in the spotlight after a new study reports that rapes and sexual assaults are on the rise.

Some lawmakers think the prosecution of sexual assault cases should be taken away from the military chain of command.

But those who want the military to keep jurisdiction say the latest report suggests victims are more willing to come forward.

Rapes and sexual assaults reported by military service members increased by 8 percent in 2014, renewing a national debate over how the military handles these cases.

Brian Bouffard is a former Navy jag attorney who now practices as both a civilian and military defense counsel.

"I think the military is doing a much better job of making it a hospitable environment for somebody to come in and say 'hey I've been victimized by somebody,'" Bouffard said.

Sen. Kirsten Gillibrand, D-N.Y., has been pushing for reform of the military justice system and for transferring the authority to prosecute sexual assaults out of the military chain of command.

"We are here to say that the military has not been able to demonstrate that they have made a difference and they need to be held to the scrutiny and that standard," Gillibrand said.

But her opponents believe her plan won't bring the change they're looking for. Some Pentagon officials say the military has made real progress.

The total number of victims claiming they faced unwanted sexual contact fell from 26,000 in 2012 to 19,000 in 2014.

But with 62 percent of female victims saying they've faced repercussions for reporting assaults, the concern remains.

"This isn't going away," Gillibrand said. "We are never going to stop fighting for the men and women who serve in the military."

Bouffard said many of the military sexual assault cases he sees aren't what the public may expect.

"It's not one of those 'jump out the bushes, stranger rape scenerios,'" he explained. "It's something where it's very much 'he said, she said.' There are bad decisions made maybe on both sides. There's a ton of alcohol and you don't see those cases often prosecuted in civilian court at all."

The 2014 Defense Authorization included additional steps to address sexual assault in the military.

Gillibrand said she'll continue to push for tougher guidelines to try these cases.