The US Department of Defense (DOD) recently announced a crucial shift in its protocol for prosecuting serious crimes within the military branches, including sexual assaults. This responsibility has been transferred from individual commanders to the newly established Offices of Special Trial Counsel (OSTC).
Prior to the establishment of the OSTC, according to Chapter 3 of the Manual for Courts-Martial, commanders had complete discretion to handle offenses in various ways, from taking no action to enforcing administrative, corrective measures. With the inception of the OSTC, a notable change has occurred in Chapter 3 of the Manual for Courts-Martial, adding a special trial counsel.
Commanders now only have initial discretion over certain offenses, while charges involving crimes under the authority of the special trial counsel must be forwarded by commanders to the OSTC for determination.
The OSTC will consist of specialized military attorneys, with a broad jurisdiction that covers crimes like murder, manslaughter, kidnapping, domestic violence, stalking, child pornography, and most sexual misconduct apart from sexual harassment, which will be added to their charge-sheet in January 2025. The officers within OSTC will report directly to the secretaries of their respective military departments.
On the topic of sexual offenses specifically, the OSTC reforms will only be applicable to cases reported through unrestricted channels. The DOD has defined two ways for survivors of sexual assault to report the crime: unrestricted and restricted reports.
Restricted reports facilitate confidential reporting to specific entities without notification to command or law enforcement. In contrast, an unrestricted report initiates an official investigation and alerts command. The new OSTC reform means crime survivors will no longer have to depend on the discretion of the accused’s commander to enforce the Uniform Code of Military Justice.
In conclusion, this reform aims to streamline the prosecution process within the military, promoting transparency and justice, and simultaneously providing victims of serious crimes with less biased channels of reporting and aid.