Pentagon misled lawmakers on military sexual assault cases

WASHINGTON (AP) — The Pentagon misled Congress by using inaccurate or vague information about sexual assault cases in an effort to blunt support for a Senate bill that would make a major change in how the military handles allegations of sexual misconduct, an Associated Press investigation found.

Internal government records that summarized the outcomes of dozens of cases portrayed civilian district attorneys and local police forces as less willing than senior military officers to punish sex offenders.

The documents buttressed the Pentagon's position that stripping commanders of their authority to decide which crimes go to trial — as the Senate legislation proposes — will mean fewer victims will get justice because there will be fewer prosecutions.

Former Navy helicopter pilot Lt. Paula Coughlin, a member of the group's board of directors, called on Congress to hold hearings on what she called "this latest deception."

James Winnefeld, then the vice chairman of the Joint Chiefs of Staff, warned a Senate panel that if approved, the bill would result in fewer sexual assault cases going to trial.

The legislation aims to stop sexual assaults by stripping senior officers of their responsibilities to decide whether to prosecute sexual assault cases and giving that authority to seasoned military trial lawyers.

The often unflattering image of civilian law enforcement projected in the records also runs counter to the close working relationships local prosecutors told AP that they've forged with the uniformed legal staffs at military installations in their jurisdictions — far from the contentious political climate in Washington.

Civilian prosecutors said it's not unusual to transfer a sexual assault case to the military for investigation or prosecution, particularly when the incident occurred off post and involved two or more service members.

At Fort Drum in upstate New York, the Army took credit for prosecuting a soldier who had been previously convicted for the possession of child pornography but was never discharged from the service.

In another case, the sheriff's office in Macomb County, Michigan, launched an investigation of Marine Corps Staff Sgt. D.C. Hagler, who was suspected of child pornography and indecent exposure, according to the records.

The dispute over Gillibrand's bill centers on the power that senior officers known as convening authorities have to send charges to trial and select jury members.

Winnefeld told the Senate Armed Services Committee in July 2013 that there were 93 sexual assault cases that military commanders insisted on taking after civilian authorities said no.

Senior officers cannot refer cases to a general court-martial unless uniformed attorneys known as staff judge advocates have first advised them that the evidence warrants the charges.

The summary said the office of the district attorney in San Diego refused to move forward with sexual assault charges against a soldier because of insufficient evidence.

[...] the Carlsbad police investigated the allegations and the San Diego County District Attorney's office issued an arrest warrant for unlawful sexual intercourse with a minor.