Biden to sign 'historic' executive order on how US military handles sexual assault cases

U.S. President Joe Biden will sign a "historic" executive order on Friday that will change how the military handles sexual assault cases, the White House said.

The executive order will amend the Uniform Code of Military Justice (UCMJ) by transferring key decision-making powers from commanders to specialized, independent military prosecutors in cases of sexual assault, domestic violence, murder, child abuse and other serious offenses. The changes, which implement reforms passed by Congress last year, will mark "the most significant transformation" of the U.S. military justice system since the UCMJ was established in 1950, according to the White House.

"The historic reforms announced today will better protect victims and ensure prosecutorial decisions are fully independent from the chain of the command," the White House said in a statement. "These reforms are a turning point for survivors of gender-based violence in the military. They fulfill President Biden’s promise to fundamentally shift how the military justice system responds to sexual assault and related crimes, which is something President Biden has prioritized since Day One of this administration."

Friday's action will establish rules that will govern the new Offices of Special Trial Counsel, the independent military prosecutors who will now decide, in place of commanders, whether to prosecute such offenses. The executive order will make clear that prosecutorial decisions made by special trial counsel are binding and fully independent from the military's chain of command, and it will delineate the relationship and authorized interactions between the two to protect the independence of the prosecutors. In addition, procedures will be modernized to better protect victims and promote fairness before, during and after court-martial proceedings; the court-martial sentencing system will be reformed to promote uniformity and fairness to reduce disparities in sentencing in cases of rape and sexual assault; and a uniform evidence standard for non-judicial punishment actions will be created to ensure consistency across the military services, according to the White House.