Poster #94 - Exploring Military Justice: Discharge Characterization Patterns in Sexual Assault Cases

• In Event: ASC Poster Session I

Abstract

One unique characteristic of the U.S. military justice system is the option to remove alleged and convicted offenders from service as a response to wrongdoing. This may be applied in conjunction with, or in lieu of, other punitive actions, such as incarceration. Enlisted service member discharges are characterized by increasing severity, with low-level characterizations resulting in loss of veteran’s benefits. The most severe discharges, possible only following a court martial conviction, have consequences similar to felony convictions in the civilian court system. For the former group, alleged offenders do not have an analogous criminal record in the civilian world. This is particularly concerning in cases of military sexual assault (MSA). This exploratory study analyzes data from the Department of Defense’s annual reports on sexual assault in the military from fiscal years 2016-2018 (n = 2,228) to reveal patterns and trends related to various characterizations of military discharge.

Authors

• Taylor Westcott, Vermont Law and Graduate School

• Cassandra Dodge, Indiana State University