The supposed nothing-burger of the bill put forth by McCaskill (D-Mo.) would get rid of the good soldier defense that takes irrelevant factors such as the service record of the accused into account. In cases where there is a dual jurisdiction because the crime occurred off of a military base, the victim would get a say in whether the case would be handled in a civilian or military court. It would extend protections to students in service academies. And it would require that in every decision on every promotion in the military, that commanders record on the handling of sexual-assault cases would have to be taken into account.
The most frustrating thing about this, McCaskill said in a phone interview Friday, is the narrative that, Whose side are you on, the victims or the commanders? Thats offensive. If I didnt care so much about this, she said, she would have let Gillibrands bill go to a vote, although convinced that she would be harming the victims.
A former prosecutor, McCaskill said she spent her legal career supporting sex-crime victims at a time few others would. The guys in my office used to laugh at the cases Id take to court, she said. I took three guys who took a stripper home to court, and got them all three convicted.
McCaskill says that taking the prosecution of sex crimes in the military out of the chain of command would have resulted in fewer prosecutions, not more, because prosecutors, she said, get seduced by a win-loss record, and dont want to take a loser to court.
Under Gillibrands bill, if a prosecutor doesnt want to take the case to trial, thats the end of it, whereas under McCaskills, if the prosecutor wants to take the case and the commander does not, its automatically referred to the civilian secretary of that branch of the service for review. In cases where neither the prosecutor nor the commander wants to bring the case, its also referred to the secretary.
McCaskill points out that the military sexual-assault cases in the news would not have been brought if Gillibrands bill were law. After an Army captain accused Brig. Gen. Jeffrey A. Sinclair, it was the commander, rather than prosecutors, who insisted that the case go to court.
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McCaskill said shes been bruised by the pronouncements of other Democratic women in the Senate, especially Gillibrand and Barbara Boxer (D-Calif.). During Fridays debate, McCaskill repeatedly said it was important to focus on their many areas of agreement, but Gillibrand wasnt having it. This is not an opportunity to congratulate ourselves on the great reforms weve done, she answered pointedly.
But as much as that hurt McCaskill Im a tough cookie, but both Boxer and Gillibrands arguments stung it was her ally on the bill, Sen. Lindsey O. Graham (R-S.C.), who she seems to have wanted to throttle as he argued with great emotion that taking sex crimes out of the chain of command would be a slap in the face to commanders.
I tried to walk Lindsey back; I frankly could give a s--- if I hurt the commanders feelings, when my focus is on the victims I care about as much as she does, McCaskill said of Gillibrand, even if that acknowledgment is not always reciprocated.