In a historic move, U.S. President Joe Biden is set to sign an executive order on Friday that will bring significant changes to the military's handling of sexual assault cases. The order will transfer decision-making powers regarding sexual assault, domestic violence, murder, child abuse, and other serious offenses from commanders to independent military prosecutors. This executive order implements reforms that were passed by Congress in 2022 to strengthen protections for servicemembers and ensure that their assault claims are taken seriously.

The White House described these changes as a turning point for survivors of gender-based violence in the military. It fulfills President Biden's promise to fundamentally shift how the military justice system responds to sexual assault and related crimes. The changes are considered the most significant transformation of the military justice system since the establishment of the Uniform Code of Military Justice in 1950.

Members of Congress had been pushing for these reforms for several years, arguing that commanders often ignored charges or incidents in their units to protect those accused of offenses. They believed that using independent lawyers would strengthen prosecutions. However, military leaders initially resisted the changes, fearing that it would erode commanders' authority.

The reforms were recommended by an independent review commission on sexual assault in the military and were included in the annual defense bill. However, a formal presidential action was required to amend the Uniform Code of Military Justice. The Pentagon had already been moving forward with the changes, setting up new special trial counsel offices to assume authority over prosecution decisions by the end of this year. Starting from January 1, 2025, these offices will also handle sexual harassment cases.

The changes come at a time when the military is grappling with increasing reports of sexual assaults. While efforts have been made to make it easier for troops to come forward, the number of assaults has continued to rise. In the 2022 fiscal year, there were over 8,942 reports of sexual assaults involving service members, a slight increase from the previous year. Defense officials argue that this increase in reporting reflects greater confidence in the reporting system and support for victims.

The executive order will establish rules for the new Offices of Special Trial Counsel, clarifying their authority and ensuring their decisions are binding and independent. Procedures will also be modernized to better protect victims and promote fairness in court-martial proceedings. The sentencing system will be reformed to reduce disparities in sentencing for rape and sexual assault cases. Additionally, a uniform evidence standard for non-judicial punishment actions will be created to ensure consistency across the military services.

The changes have been hailed as a major step towards addressing gender-based violence in the military. They fulfill President Biden's commitment to protecting servicemembers and making the military safer and more just. The White House emphasized that ending gender-based violence has been a top priority for President Biden throughout his career.

The executive order comes after a survey released by the Department of Defense showed a spike in reported sexual assaults on service members in 2021. Despite efforts to address the issue, women in the military services have lost trust in the military's ability to follow through on their cases and treat them with respect.

President Biden's approval of the executive order will mark a significant shift in the military's approach to sexual assault cases. By removing decision-making powers from commanders and placing them in the hands of specialized prosecutors, the hope is that victims will receive the justice they deserve and that the military justice system will become more accountable and fair. While the full impact of these changes will take time to measure, they represent a crucial step towards addressing gender-based violence in the military.