Letter To Senator Levin

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THE VICE CHAIRMAN OF THE JOINT CHIEFS OF STAFF
WASHINGTON, D.C. 20318-9999

23 July 2013

The Honorable Carl Levin
Chairman
Committee on Armed Services
United States Senate
Washington, DC 20510

Dear Mr. Chairman:

As General Dempsey and I stated during our reconfirmation hearing, the military services
have investigated and prosecuted a number of sexual assault cases after civilian authorities either
did not pursue a full investigation or formally declined to prosecute. The Army and Marine
Corps statistics we cited are below, as well as additional statistics from the Navy and Air Force.
The statistics cover the last two years.

U.S. Army. Commanders exercised jurisdiction in 49 sexual assault cases that local
civilian authorities declined to pursue.

* 32 of these cases were tried by court-martial, resulting in 26 convictions--an 81%
  conviction rate
  * 25 of the 26 (96%) convicted were sentenced to confinement and a
    punitive discharge or dismissal from the military
  * Six accused were acquitted of sexual assault charges
* Two of the accused were administratively discharged in lieu of trial by court-
  martial under other than honorable conditions
* 15 cases are still in the pre-trial phase of the military justice system

U.S. Marine Corps. Commanders exercised jurisdiction in 28 sexual assault cases that
local civilian authorities declined to pursue.

* All 28 cases were tried by court-martial
* 16 cases resulted in convictions--a 57% conviction rate

U.S. Navy. Commanders exercised jurisdiction in six sexual assault cases that local
civilian authorities declined to pursue.

* Three cases were tried by court-martial, resulting in one conviction--a 33%
  conviction rate
* Three cases are still in the pre-trial phase of the military justice system

U.S. Air Force. Commanders exercised jurisdiction in ten sexual assault cases that local
civilian authorities declined to pursue.

* All ten cases were tried by court-martial, resulting in nine convictions--a 90%
  conviction rate
  * Seven of the nine (78%) convicted were sentenced to confinement and/or
    a punitive discharge or dismissal from the military

I believe these statistics demonstrate the personal ownership commanders take in the
discipline of their units--even in the face of often challenging circumstances.

In one case, for example, two soldiers engaged in sexual intercourse with a victim who
was substantially incapacitated by alcohol. When questioned, both soldiers lied to civilian law
enforcement. A civilian investigator accused the victim of lying, and concluded as much in the
official report. After local authorities declined to prosecute, military investigators opened a case,
located additional victims, and discovered evidence indicating that the soldiers had conspired to
obstruct justice. Both soldiers were convicted by a court-martial, sentenced to confinement, and
punitively discharged.

Another case involved a soldier's rape and forcible sodomy of his 10-year-old autistic
step-daughter. Lacking physical evidence and a statement from the accused, civilian authorities
declined to prosecute. Military investigators opened a case and located a key piece of evidence
that corroborated the victim's allegations against the soldier. A court-martial convicted the
soldier, sentencing him to 35 years confinement and a dishonorable discharge.

In cases like these and others, which independent authorities declined to pursue,
commanders recognized the need to hold service members accountable for their crimes both for
the sake of justice, and to preserve good order and discipline.

You also asked whether, conversely, civilian authorities have prosecuted cases that the
military services did not pursue. The services currently do not track that information. However,
after querying the field, the Army, Navy, and Air Force have responded that they have no
recollection of cases in which commanders declined to prosecute, or a court-martial ended in an
acquittal, and civilian authorities subsequently prosecuted. From time to time, civilian
authorities prosecute cases that the military could prosecute, but that is the result of informal
discussions regarding which system is better suited to handle the case rather than a result of a
service formally declining prosecution.

I appreciate your energetic support for our determined efforts to eliminate the insider
threat of sexual assault, and your continued concern for and support of our men and women in
uniform.

Sincerely,

[signature]
JAMES A. WINNEFELD, JR.
Admiral, U.S. Navy