No one should be able to commit rape with impunity. In our country, such infallibility should not exist. It’s our duty as citizens and voters to make sure that our government preserves justice and to allow no one to rise above the power of law — to settle for anything otherwise is to fail as Americans.
Because of this, we are greatly relieved that last November, Missouri voters chose to represent us in Congress a person with the values, integrity and skills to work toward ensuring all Americans are held accountable for crimes they commit, regardless of status or hierarchy. Claire McCaskill, D-Mo., recently started the fight to prevent military commanders from dismissing jury convictions of lower-ranking members, and we are proud to have her as our senator.
After a series of meetings with Pentagon officials and others, McCaskill is drafting legislation to reform the Uniform Code of Military Justice. She aims to restrict the ability of convening authorities (senior commanders in charge of courts-martial) to expunge the records of their subordinates who have been convicted of crimes and reinstate them into service.
This comes out of a particularly outrageous Air Force case, in which Lt. Col. James Wilkerson was convicted of rape in a military court but then cleared of charges and reinstated by the convening authority, Lt. Gen. Craig Franklin ([see Anthony Agbabiaka’s column for more on the case](https://www.themaneater.com/stories/2013/3/15/air-force-case-highlights-continued-reality-rape-c/)).
“I have been beyond upset that a general has overturned a jury verdict of sexual assault with the stroke of a pen, without even being required to give a reason,” McCaskill said in a conference call.
Unlike many in Washington, McCaskill is moving beyond talking about how upset she is. She’s actively working to fix it.
There’s never been a better time to tackle the immense problem of sexual assault in the military. By 2016, the ban on women in combat will be completely phased out. As the Pentagon accepts and promotes gender equality, a key component of that is ensuring women are encouraged to join the armed forces, and the widespread culture of sexual assault — and its covering up by military authorities — is perhaps the biggest obstacle to doing so. And the incredible documentary, “The Invisible War,” released last year, has helped spark interest and indignation at the disgraceful treatment of sexual assault in the armed forces.
For our military to be totally successful, it needs the complete faith and trust of the American people. When any of the people sworn to defend us and our democratic values violates their oath and is not punished for it, that erodes this faith and trust.
It appears the kind of unilateral absolution Lt. Gen. Franklin granted Lt. Col. Wilkerson is rare, but this happening even once is too many times and brings us back to the origin of the problem: the idea that you can get high enough — whether in showbiz or in the Pentagon — to become immune to the law. For all the work done by the Department of Defense in recent years to rid the armed forces of this idea, for all these steps forward we have been glad to see, this case takes our military ten steps backward.
To keep moving forward takes someone with guts and sense, and we’re very happy to see our own Sen. McCaskill step into that role.
While this forthcoming legislation alone won’t solve the problem of sexual assault and obstruction of justice in the military, it would be a huge step. Especially on the heels of [McCaskill’s successful initiative to reform wartime contracting](https://www.themaneater.com/stories/2012/12/4/mccaskill-deserves-praise-wartime-contracting-legi/), we are quite impressed with her ability and resolve in dealing with problems with our armed forces. It’s refreshing to see a Missouri legislator making headlines for accomplishments, not for bigoted gaffes, and we hope McCaskill continues to work hard and make us proud.
