Bill Text: HI HR36 | 2016 | Regular Session | Introduced

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Bill Title: Military; Child Sexual Abuse; Investigation and Prosecution

Spectrum: Moderate Partisan Bill (Democrat 10-3)

Status: (Introduced - Dead) 2016-03-11 - Referred to VMI, JUD, FIN, referral sheet 27 [HR36 Detail]

Download: Hawaii-2016-HR36-Introduced.html

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HOUSE OF REPRESENTATIVES	H.R. NO.	36
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII

HOUSE RESOLUTION

 

 

encouraging reform in the military investigatory and prosecutorial systems governing child sexual abuse and increased transparency in the military justice system and military reporting of criminal sex offenses involving children.

 

 

     WHEREAS, in 2014, through the adoption of S.C.R. No. 63, the Hawaii Women's Legislative Caucus applauded the female members of the United States Senate who were working in a bipartisan fashion to highlight and resolve the chronic and unacceptable problem of sexual assaults in the military, and the Hawaii State Senate encouraged female members of the United States Senate to reform the military investigatory and prosecutorial systems governing sexual assault; and

 

     WHEREAS, the Hawaii Women's Legislative Caucus applauds Senators Hirono, Gillibrand, and Boxer and other members of the United States Congress who have called on the Pentagon for more transparency and openness on child sex abuse reporting in the military; and

 

     WHEREAS, the Hawaii Women's Legislative Caucus is now concerned about the prevalence of child sexual abuse in the United States military; and

 

     WHEREAS, over the past decade, more than 1,400 children of Army families have been exposed to sexual abuse and about 30,000 children have suffered abuse or neglect in Army homes; and

 

     WHEREAS, almost a third of inmates in the military's prison network were charged with sex crimes involving children; and

 

     WHEREAS, the Department of Defense Inspector General reported, after looking at 163 Military Criminal Investigative Organization investigations of allegations of sexual assault against children in 2012, that 94 cases involved the investigation of a service member as the perpetrator; and

 

     WHEREAS, highlighted in this report, serious deficiencies in the military's investigation of child sexual abuse cases were found by the United States Department of Defense Inspector General, including key evidence not collected, crime scenes not examined, and witness or subject interviews not conducted or not conducted thoroughly; and

 

     WHEREAS, the same Department of Defense Inspector General report found that almost half of the 163 investigations resulted in no punishment, and that in 6 out of the 10 cases where significant deficiencies were discovered the Army chose to only reopen 4 cases; and

 

     WHEREAS, the Pentagon's ability to reduce the sentences of the child sex offenders through undisclosed pre-trial agreements is alarming and not subject to independent assessment due to the lack of transparency in the military criminal justice system; and

 

     WHEREAS, military services do not include legal records or trial outcomes in an online database like the civilian court systems, and records are often limited in access by the public or in some cases are provided only in response to Freedom of Information Act requests, which may take months; and

 

     WHEREAS, Hawaii is home to all five branches of the military forces; and

 

     WHEREAS, this body endorses reformation of the military's reporting, investigatory, adjudication, and sentencing guidelines for sexual crimes involving children in order to create a safe environment for this country's service members and their children, and to begin transforming the military culture into one that is more transparent and in keeping with the military's mission of protecting our country, including the individuals serving among its ranks and their children; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Twenty-eighth Legislature of the State of Hawaii, Regular Session of 2016, that this body respectfully encourages members of the United States Congress to reform the military reporting, investigatory, and prosecutorial systems governing child sexual abuse in view of the concerns expressed in this measure and to continue their efforts to require the military to adopt sweeping systemic reform to change the lack of transparency in the military justice system which calls into question the integrity of the institution; and

 

     BE IT FURTHER RESOLVED that the Pentagon is encouraged to apply the same openness standards with military reporting of criminal sex offenses involving children as are currently the norm in civilian courts, and to provide court documents electronically that are open to the public; and

 

     BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Speaker of the United States House of Representatives, President Pro Tempore of the United States Senate, Majority Leader of the United States Senate, Majority Leader of the United States House of Representatives, Hawaii's congressional delegation, and the Governor.

 

 

 

	OFFERED BY:	_____________________________

Report Title: 

Military; Child Sexual Abuse; Investigation and Prosecution