Pentagon shifts major crimes prosecutions to independent lawyers

By Michael Hernandez

WASHINGTON (AA) - The Defense Department said Thursday that it shifted responsibility for the prosecution of all major military crimes to independent attorneys in a move intended to strengthen accountability.

The new Offices of Special Trial Counsel will handle prosecutions of 13 major crimes to include allegations of sexual assault, murder, manslaughter, kidnapping and domestic violence. Sexual harassment will be a covered offense beginning in 2025, according to the Pentagon.

Allegations were previously handled under the military's chain of command, and commanders ultimately had the final say as to which allegations would warrant prosecution.

The counsel's offices will be established in the Army, Navy, Air Force and Marine Corps. They will report directly to the heads of each service branch.

"This landmark change to the U.S. military justice system will significantly strengthen the independent prosecution of sexual assault and other serious criminal offenses in the Department of Defense," defense chief Lloyd Austin said in a statement.

"It is the most important reform to our military justice system since the creation of the Uniform Code of Military Justice in 1950. This reform aims to help strengthen accountability and increase all of our service members’ trust in the fairness and integrity of the military justice system," added Austin.

Congress directed the Pentagon in 2022 to overhaul its prosecution of major crimes with a particular emphasis on how it handles sexual assault allegations. That year's National Defense Authorization Act gave the Defense Department until Dec. 27, 2023, to create the special trial counsel.

The Pentagon earlier this year reported a slight increase in the number of sexual assault reports. It reported in April a 1% increase from the previous fiscal year for a total of 8,942 reported cases of sexual assault.

That stood in stark contrast to the 13% spike seen in 2021.