On January 26, 2022, President Biden issued an Executive Order known as the National Defense Authorization Act (NDAA) implementing sections of the I AM Vanessa Guillén ACT. The Executive Order bolsters the military justice system to recognize and respond to gender-based violence. In addition, this Executive Order “strengthens the military justice response in prosecuting cases of domestic violence, and fully implements changes to the military justice code to criminalize the wrongful broadcast or distribution of intimate visual images”.
The additional provisions included in the NDAA enforces commanders to immediately report information regarding any missing or absent military members. Additionally, “sexual harassment complaints must be handled through independent investigations.” Furthermore, daily inspections of living quarters must be done by the Secretary of Defense. The new orders added prevent conflict of interest therefore not allowing for crimes such as sexual assault or domestic violence to be hidden.
The Executive Order comes after Vanessa Guillén’s murder in 2020, a Fort Hood soldier who was sexually harassed before her death. “The murder prompted calls for reform from her family and members of Congress about the way harassment and assault in the military are handled.” According to retired Air Force Col. Don Christensen, president of Protect our Defenders, in the military’s biannual survey of those who have tried to report sexual assault 60% experienced backlash. Overall, the Executive Order brings upon a sense of protection that was clearly missing for both men and women in the military.
The Biden-Harris administration also plans on funding “hundreds of millions of dollars of non-taxpayer funding for lifesaving services to crime victims around the country.” This is a step in the right direction acknowledging victims as well as providing them resources that at times are not easily accessible. Overall, President Biden’s stamp of approval of this Executive Order and future plans strengthen the protection of those in the military in hopes there is no more injustice for victims who have suffered sexual harassment, domestic violence, or sexual assault.
This blog post is part of the CIMA Law Group Blog. If you are in need of legal help, the CIMA Law Group is a law firm in Phoenix, Arizona which possesses expertise in Immigration Law, Criminal Defense, Personal Injury, and Government Relations.
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