This paper will discuss some of the events leading the military to adopt and implement new Article 117a to the Uniform Code of military Justice (UCMJ) along with demonstrating the military's commitment to pursuing the offenders. Several online newspaper articles record throughout the research and demonstrate the facts about "revenge porn". Direct quotes from Lieutenant Colonel (LTC) Jay L. Thoman, a judge advocate, and the chief of the Army's Criminal Law, Policy Branch will demonstrate the military's dedication to eliminating this specific type of misconduct from the ranks. Additionally, this paper will inform on the data obtained by Sanders that compares the amount of given punishments to the amount of people that participated on the "Marine …show more content…
Article 120c focused more on the absence of the consent of the person depicted or in which that other person had a reasonable expectation of privacy (see appendix B for more information on Article 120c). In comparison to Article 120c, Article 117a focuses more on the consent and expectations of privacy in regards to the broadcasting and distribution of the image itself. Consequently, lawmakers have written definitions within Article 117a giving it no room for loopholes or misinterpretations, which without, could allow an offender to get away with the violation. LTC Thoman discussed that prior to the incorporation of Article 117a there was a limit that the U.S. military legal system could take against a Service Member. "While it has been illegal to create an indecent photo of an unknowing subject, if they willingly participated, the legality of forwarding that picture to a third party was uncertain" LTC Thoman said (Suits, 2018). For instance, if two Service Members previously had an intimate relationship and during this relationship, there were intimate images shared, and after the relationship ended, if one of the Service Members chose to share the others' intimate image, then the military did not have enough grounds to punish under the UCMJ. Correspondingly, with the way technology is expanding, it benefited the military to get more specific …show more content…
Consequently, a victim who undergoes this type of harassment will be suffering psychological setbacks as a person and as a Soldier. Acts covered underneath Article 117a will dramatically affect the mission, morale, and welfare of the service member and the military. Therefore, it will be crucial that appropriate sources provide support of those who need it. As specified in the Memorandum for Sexual Harassment and Response Prevention (SHARP) Professionals, which took effect on 12 December 2017, the SHARP Program will implement the changes created by public law that enacted Article 117a (see Appendix C for more information on the changes). Because it is a form of sexual harassment, victims under Article 117a are entitled to receive SHARP services. This will include referrals to behavioral health, victim witness assistance program, special victim witness liaisons, and chaplains. The military men and women who have been victimized by the offenses covered under the new Article deserve the full support from their command. Although, military officials have grown to support its' sexual harassment victims and to prosecute the offenders, the overall responsibility of protecting the service members falls within their own ranks. Therefore, leaders in the military must be able to provide training to all service members underneath their command and
In the case study of whistle-blowing at Corcoran State Prison, two corrections officers were all but shunned for the actions they took to put an end to the mistreatment of prisoners. Officers Richard Caruso and Steve Rigg witnessed their fellow corrections officers abusing their power by placing rival gang members in a small recreation yard in the Security Housing Unit (SHU) to promote fighting. The officers would make bets on the inmates, treated the fighting like a sport and used unnecessary deadly force with a firearm at will (Dryburgh, 2009). Caruso and Rigg, both former marines, had superior comprehension of ethically handling a firearm; the actions of their co-workers became unacceptable so they took action (Dryburgh, 2009).
From the mothers and fathers of the daughters and sons in the military to the friends that are left back home when someone enlists and prepares on their journey, this film provides a starting point to influence conversation’s about the sexual violence and injustice prevalent across the DOD. The film speaks out to the audience’s emotions by delivering jaw-dropping statistics all while providing a strong ethical basis of trustworthy resources, interviews, and statistics. This documentary is a great example of how using pathos, ethos and logos to implore an audience to question how the DOD reacts to MST. By combining all these rhetoric appeals, Kirby is able to convince the audience that there is sexual misconduct in the military and there is no evidence to prove that they are doing anything about
In 1996, Captain Derrick Robinson, Sergeant Delmar Simpson, and Sergeant Nathanael Beech were arraigned for their suspected involvement in one of the biggest sex scandals the United States Military had seen. According to CNN, between these three men, charges of rape and adultery were pending in a huge case of sexual misconduct against female soldiers at Aberdeen Proving Ground in Maryland (CNN, 2996). Following this incident, the United States Military took it upon themselves to open a telephone hotline to encourage the reporting of similar harsh crimes. Furthermore, the spike in reporting influenced extensive research to examine the prevalence of rape against women soldiers in the U.S. Military (Titunik, 2000). This paper will explore the dynamics of rape against women soldiers in the military and the research done on its prevalence.
The Uniform Code of Military Justice is a compilation of multiple Articles that govern the armed military services across a multitude of objects. It lists the rights and wrongs of each individual within the armed services, and provides guidance on issues and conflicts within the armed services. Specifically, the Uniform Code of Military Justice touches heavily upon violations of specific articles and the repercussions that happen with the types of conduct violating the articles.
At a young age, children are taught to obey their parents and students are taught to obey their teachers. As a race, humans are naturally inclined to obey. Obedience is an attribute numerous people strive to achieve; however, the possibility of a negative outcome from blindly obeying orders is prominent in life and in the movie A Few Good Men. In the movie, Private Louden Downey and Lance Corporal Harold Dawson are charged with murder, conspiracy, and conduct unbecoming of a U.S Marine. These charges stem from the marines completing a “Code Red”—a punishment for misconduct or fallacy—on a fellow marine, which was issued by the greatest authority in their unit. As seen throughout A Few Good Men, and according to authors Kelman, Hamilton,
Erdely, Sabrina Rubin. “The Rape of Petty Officer Blumer: Inside the military's culture of sex abuse, denial and cover-up”. The Rolling Stones Magazine. 14 February 2013. Web. 4 November 2013
Service members Legal Defense Network, ""Conduct Unbecoming: Sixth annual report on Don't ask, don't tell, don't pursue, don't harass.” (2000): 1. Print.
A Few Good Men, a film starring the actors Tom Cruise and Demi Moore, depicts the trial of two marines after they follow a specific order which results in the death of a fellow marine. Once again, the topic of blind obedience is revived in this major motion picture. The authors Stanley Milgram, Herbert Kelman, Lee Hamilton, and Philip Zimbardo address their concerns with blind obedience in their articles. Milgram, a former psychologist at Yale University and author of “Perils of Obedience,” conducted a groundbreaking experiment that dealt with the levels of obedience people possessed when orders were established to inflict physical pain on another human (Milgram 77). The article “The My Lai Massacre: A Military Crime of Obedience,” co-authored
In the surveys they have referenced in the article, it displays military sexual trauma increases among women during and after military deployment of unwanted sexual contact in recent years. The authors have recruited and conducted of twenty-two US servicewomen telephone interviews from May 2011 to January 2012 to participate a qualitative study with or without their MST experiences. They asked the participants questions regarding about MST during deployment and other factors which are disturbing their reporting and accessing to services against the perpetrators. The issues of sexism, high stress levels, and failed military leadership contributing factors which put these servicewomen in jeopardy of MST. Some of the interview women said that servicewomen do not report MST due to lack of support from peers, unreliable confidentiality, stigma, and other barriers. The interviewees feel more comfortable opening to medical care services after deployment in the United States that grips with sexual assault cases than throughout deployment around the world. The participants have suggested to improving the MST services: by increasing awareness, prosecution, investigation, cultural shift, and independence service providers. The interviewees recognized that Military se...
Military Sexual Trauma, also known as MST. What is it and why is it important? MST refers to psychological trauma resulting from a sexual assault or repeated, threatening harassment experienced during military service (pg. 3). Now, let us take a moment and think about the relevance of this subject? When we think of our women in combat, what do we see? We see strong and courteous females. But have we ever thought about what could be lurking underneath all that armor?
The Marine Corps Values exemplify Honor, Courage, and Commitment in a service member 's character. Honor details expectations of one’s ethical and moral conduct, Courage focuses on honor in action, and Commitment deals with total dedication to the Marine Corps and the country. If one fails to maintain the Marine Corps values they face disciplinary action and the possibility of a dishonorable discharge, depending on the nature of their actions. The honor values of the Marine Corps Values place one 's personal life, as well as their action in service, under scrutiny. Lieutenant Colonel Shane Tomko was dishonorably discharged and stripped of all Service Medals and Awards on February 12th, 2015 due to actions in his personal life. Lieutenant Tomko had an affair, which breaks the Honor Code’s clause that states “A U.S. Marine must never lie, never cheat, never steal. . . Each Marine must cling to an uncompromising code of personal integrity. . . And, above all, honor mandates that a Marine never sully the reputation of his Corps.” A spokesman for the Marine Corps, Major Dolan, made a statement that the actions taken against Lieutenant Tomko were “due to a loss of confidence in his leadership” (Marine Corps Times). The affair was seen as such a dishonor on the Marine Corps as a whole and on Lieutenant Tomko’s service as an individual that he was stripped of all of the accomplishments and
Sexual Assault in the military has become an uprising problem. Within the military community, the term sexual assault carries a meaning that includes everything from violent sexual acts such as rape and forcible sodomy, to assault with intent to commit rape, unwanted sexual touching or attention and being a witness of the crime and not reporting it. Although most believe those who commit such heinous crimes are usually a person or persons with a violent record, violence is not a prerequisite for sexual assault. Once a service member becomes a victim of sexual assault, they become much more than a victim of just the crime itself. They fall victim to their own thoughts, never being able to trust their chain of command again, jeopardizing careers
In the military, boot camp represents an abrupt, often shocking transition to a new way of life. Discipline is strict and there is an emphasis on hard work, physical training, and unquestioning obedience to authority. The new private is told when to sleep, when to get up and when to eat. He marches with his platoon everywhere he goes such as to meals and to training. Orders must be obeyed instantly and personal liberty is almost nonexistent. By the end of boot camp the new private has become a different person. Such was the hope for boot camp, or shock incarceration, programs in American prisons: that young, nonviolent offenders could be diverted from a life outside the law using the same tactics successfully employed by the military to turn civilians into soldiers. This reliance on a military atmosphere still provokes controversy over boot camp programs, with proponents arguing that the rigid discipline promotes positive behavior. (Clear, 1997; Cowels, 1995)
The US Military has been one of the most powerful and respected fighting forces in the world; it is also a hotbed for sexual assault. Each year, thousands of men and women take an oath to serve and protect their country and each thousands of military service members are sexually assaulted. “Earlier this week, Pentagon officials released a new report which estimated more than 70 sexual assaults occur in the military each day.”(Shane III) Fear of retaliation, both personal and professional, and humiliation stop many service members from reporting their sexual assaults. Those few that make the bold choice to report incidents of sexual assault often finds themselves disappointed by the outcome; assaults that do get reported have an incredibly low rate of conviction of the offender. The US Military has proven over time that they are incapable of effectively dealing with the sexual assault problem that it faces.
Over the past few decades, there has been an abundance of people faced with being a victim of blackmail or a threat that will ruin their reputation. If someone personally hasn’t dealt with this, they at least know someone that has experienced the harassment of a former lover through the sharing and exposure of inappropriate videos and images. These people are at fault to Revenge Pornography, also known as the Relationship Privacy Act. Revenge Pornography is the uploading, and or distribution of sexually explicit content of an individual without their permission or consent.