WASHINGTON (CN) — President Joe Biden on Friday signed an executive order giving independent military attorneys the power to prosecute serious crimes, including sexual assault, and removing that authority from victims’ commanders.
The order implements legislation passed by Congress in 2022 that strengthens protection for service members.
Sexual assault has been a persistent and growing problem in the military, with reports increasing nearly every year since 2006. There were 8,942 reports of sexual assaults in fiscal 2022, up from 8,866 the year before.
The Pentagon has argued that the increase in reported assaults is fueled partly by efforts to make it easier and safer for troops to come forward.
Defense Secretary Lloyd Austin III in 2021 recommended the shift to the Uniform Code of Military Justice to give independent attorneys power to prosecute major crimes. It was among several proposals by an independent commission Biden directed to study sexual assault in the military.
Members of Congress have pushed for the change for several years, arguing that commanders have been willing to ignore charges or crimes in their unit to protect the accused. They received pushback from military leaders who said it could erode commanders’ authority.
Although the measure was included in last year’s annual defense bill, it still required presidential action to revise the Uniform Code of Military Justice.
Officials said the revisions are the most significant to the code since it was established in 1950.
“The historic reforms announced today will better protect victims and ensure prosecutorial decisions are fully independent from the chain of the command,” the White House said in a statement.
The independent prosecutors will have decision-making authority in cases of sexual assault, domestic violence, murder and “other serious offenses,” the White House said. The order also creates standards for certain punishments and reforms the sentencing system to promote uniformity and fairness.
Defense officials have already set up new special trial counsel offices in the Army, Navy, Marine Corps and Air Force. The prosecution authority for sexual assault cases will be expanded to those offices starting Jan. 1, 2025.
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