Biden signs executive order making sexual harassment a military justice violation

President Joe Biden signed an executive order Wednesday altering the Uniform Code of Military Justice as it pertains to sexual misconduct.

Sexual harassment will now be a violation under the UCMJ, and it also strengthens the military’s response capabilities to domestic violence and the distribution of revenge pornography.

“The Biden-Harris administration thanks Congress for the bipartisan commitment to pass monumental reforms to our military justice system,” White House press secretary Jen Psaki told reporters Wednesday. “We also look forward to continuing to work with Congress to support the safety and dignity of our service members.”

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The military branch reported 1,781 sexual harassment complaints during last year’s fiscal calendar, according to a Pentagon report released last May. Of those, 984 were formal complaints, 765 informal, and 32 anonymous. Roughly a third of the cases involved revenge porn.

The move comes weeks after Congress passed legislation to change the military justice system through this year’s National Defense Authorization Act.

Military commanders still retain their convening authority for certain crimes — sexual assault, rape, murder, and domestic violence — though it will also empower an independent “special victim prosecutor.”

Advocates and activists, who have called for changes for years, sought to have that power stripped from commanders.

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Back in June, Secretary of Defense Lloyd Austin announced his support for removing this power from military commanders, though not everyone at the Pentagon was sold.

“I fully support removing the prosecution of sexual assaults and related crimes from the military chain of command,” Austin told lawmakers. “The department will likely need new authorities to implement many of the IRC recommendations, and we will most assuredly require additional resources, both in personnel and in funding.”