[Congressional Record (Bound Edition), Volume 151 (2005), Part 2]
[Extensions of Remarks]
[Pages 1992-1993]
[From the U.S. Government Publishing Office, www.gpo.gov]




          MILITARY SEXUAL ASSAULT CRIMES REVISION ACT OF 2005

                                 ______
                                 

                          HON. LORETTA SANCHEZ

                             of california

                    in the house of representatives

                      Wednesday, February 9, 2005

  Ms. LORETTA SANCHEZ of California. Mr. Speaker, yesterday, I 
introduced H.R. 664, the Military Sexual Assault Crimes Revision Act of 
2005. This bill would repeal Article 120 of the Uniformed Code of 
Military Justice (UCMJ) and replace it with an improved sexual abuse 
statute patterned on 18 U.S.C. Sec. Sec. 2241-2247. I introduced an 
identical bill last year, H.R. 4709, which was offered during mark-up 
of the defense authorization bill.
  Although the legislation was not included in the final authorizing 
bill last year, a provision was included requiring the Secretary of 
Defense to provide the House and Senate Armed Services Committee, by 
March 1, 2005, a proposal for changes regarding sexual offenses in the 
UCMJ and the rationale for the changes. The language also ``strongly 
encourages DoD to closely align the UCMJ's language on sexual assault 
law with the appropriate section of the federal criminal code.'' I am 
reintroducing this legislation to send a strong message to the DoD that 
Congress is serious about updating the military's sexual assault 
statute, and that the changes are expected to incorporate the U.S. 
federal code.
  This legislation would help prosecutors, protect victims, and promote 
good order and discipline in the Armed Forces. It offers a graduated 
array of offenses that more precisely define nonconsensual sex crimes. 
The proposed provisions expand the scope of sex acts that can 
constitute sexual abuse. They afford increased protection for victims 
by emphasizing acts of the perpetrator rather than the reaction of the 
victim during an assault. This legislation expressly provides for cases 
involving voluntary and involuntary intoxication of the victim, which 
are common fact patterns in military sexual assault cases. Finally, it 
criminalizes sexual extortion and other forms of coercing sex from 
subordinates and fellow service men and women in a way that will help 
commanders to maintain good order and discipline in the armed forces.
  By undertaking this critical revision to the UCMJ, we will 
demonstrate that the Department of Defense and Congress are committed 
to reducing the incidence of sexual assault within the Armed Forces, 
and bringing justice to the victims.

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