Posted on Aug 20, 2020
Two-star Army general suspended amid investigation into alleged mishandling of sexual assault...
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I'm going to be watching this case closely. I smell political railroading of a commander trying to do the right thing but getting tripped up by the press and politicians. What I want to know is when it became a requirement to involve the Army's CID? At the two star level, a formal investigation (called 15-6) is normally sufficient. You appoint a dis-interested officer senior to those involved and give them 30-90 days to complete the case and report the findings. That AR 15-6 report with findings is then passed up the chain of command. Because Sens. Tammy Duckworth and Dick Durbin are involved I am very suspicious of this case; if only because they were very vocal and supportive of the "Me Two" movement.
Full disclosure, I have "helped" raise three young women. If anyone is inappropriate towards any person in my presence and in my command, the perpetrator will feel the consequences of their actions.
Full disclosure, I have "helped" raise three young women. If anyone is inappropriate towards any person in my presence and in my command, the perpetrator will feel the consequences of their actions.
Two-star Army general suspended amid investigation into alleged mishandling of sexual assault...
Posted from taskandpurpose.com
UCMJ
Sexual Assault
Sexual Harassment
Congress
Posted >1 y ago
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The article in which the comments were made is incorrect to a certain extent. Military policemen here. Investigator. Army regulations for sexual assault allow for the victim to proceed with a restricted or anonymous investigation wherein it stays within the units chain of command. The complaint may be made to a healthcare provider, a sexual harassment counselor, a superior, or even a third party can come forward which automatically triggers an investigation. It's only if the victim wants an unrestricted investigation that it goes to CID for investigation.
An AR 15-6 investigation of facts is not a criminal investigation. It gathers the facts. It may lead to criminal charges in which an article 32 hearing is held which is as some of you may know a preliminary hearing to determine whether or not probable cause exists to move forward with prosecution.
Durbin & Duckworth, both loudmouth Democrats compared to loudmouth Republicans, are just grandstanding. How is it that two investigations in particular came out against this Major General? Who went looking for the information and why? Did one victim come out and make allegations that her charges were inadequately investigated? Did she want a restricted or unrestricted investigation? If you chose a restricted investigation and did not like the results of it did she then come forward and make allegations against the General? The same question applies to the second alleged victim.
Details Matter. If I were this Major General I think I'd pull the pin and just retire. Of course she may be called back to service to be prosecuted but at this point she's only on a 15-6. Who wants her job? These two allegations just didn't pop up out of nowhere and for nothing.
An AR 15-6 investigation of facts is not a criminal investigation. It gathers the facts. It may lead to criminal charges in which an article 32 hearing is held which is as some of you may know a preliminary hearing to determine whether or not probable cause exists to move forward with prosecution.
Durbin & Duckworth, both loudmouth Democrats compared to loudmouth Republicans, are just grandstanding. How is it that two investigations in particular came out against this Major General? Who went looking for the information and why? Did one victim come out and make allegations that her charges were inadequately investigated? Did she want a restricted or unrestricted investigation? If you chose a restricted investigation and did not like the results of it did she then come forward and make allegations against the General? The same question applies to the second alleged victim.
Details Matter. If I were this Major General I think I'd pull the pin and just retire. Of course she may be called back to service to be prosecuted but at this point she's only on a 15-6. Who wants her job? These two allegations just didn't pop up out of nowhere and for nothing.
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MAJ James Woods
And there lies the problem, the chain of command was notified on two separate allegations; thus, neither were restricted reporting. Law enforcement should’ve been notified for an official criminal investigation not a fact finding 15-6.
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MAJ James Woods
Let me also add, one can argue a third party reporting the incident to chain of command depends on who the third party was and did they have the permission of the victim.
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SSG Robert Ricci
MAJ James Woods a 15-6 and a report to the MCIO can occur concurrently. That's not quite how it happened sir but close enough. The SAPR Victim Advocate should have notified the MCIO and it would not have been at the unit level necessarily. No matter what however the unit commander had a requirement to notify the MCIO so that they could register a report of an incident. At that point the alleged victim they remain anonymous, restricted, or unrestricted. We don't know the exact facts regarding this MG and I think we're all assuming facts not in evidence to us. It's best to wait and see how this fleshes out. We don't even know how it got his high as an MG. Speculating now, being a reserve unit was the MG trying to keep it in-house? I can't see that happening. Not being some rinky-dink airport cop claiming 20 years of sophisticated police work and one that actually has a 40 year career I see this a little bit differently. LAPD has strict reporting requirements and mandatory arrests if the suspect is known. Domestic violence is it something not screwed around with. Rape on the other hand, that's a biggie. Especially if it's date rape or a friend. We'll see what comes out of this. No sense arguing about it. Not you Major.
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SSG Robert Ricci
MAJ James Woods that's an interesting question sir. I don't have an answer for that. I would think that the third party could come forward through the chain of command without the permission of the victim. Here's what the regulation States:
The Secretary of Defense ensure that a victim of sexual assault reserves the right to make a restricted report despite disclosing to a third party. Victims would lose this right only if they disclose to their direct chain of command or law enforcement, or information regarding the
assault independently reaches the chain of command or law enforcement.
This suggests that if a third-party reports it without permission the victim does not have an immediate right to an unrestricted investigation. That's because the independently disclosed to a third party.
The Secretary of Defense ensure that a victim of sexual assault reserves the right to make a restricted report despite disclosing to a third party. Victims would lose this right only if they disclose to their direct chain of command or law enforcement, or information regarding the
assault independently reaches the chain of command or law enforcement.
This suggests that if a third-party reports it without permission the victim does not have an immediate right to an unrestricted investigation. That's because the independently disclosed to a third party.
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Lot of things to consider that are missing from the article. It’s a Reserve unit so did this happen while on duty, like are they AGR? Or did it happen between drill periods? If AGR then yes CID could eventually have jurisdiction- once 15-6 determines criminal act. If it was between drill duties then local police have jurisdiction. So a lot of conclusions and any time Ducksorth gets involved you know the military will come out with a black eye no matter if it is deserved or not- she is a terrible former Soldier.
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Capt Gregory Prickett
SSG Robert Ricci - LOL, you really don't get it do you? Have you ever worked with the Air Force cops? Do you know anything about our operations? I've been on both sides, and the Air Force doesn't operate like the Army. But that's immaterial, because while you retired in 1989, when things were done differently than now, I've kept up with it because it's my job. Next, ANG bases have a contingent of cops, in my case 23 of them that were full-time military cops or full-time state officers. Do you really think that this requires a light colonel or above? You are talking about a wing, that's basically equivalent to a brigade in the Army. At most you would have a major, but there are also units where a lieutenant was in that position (usually with a good SMSgt or CMSgt to back him up).
In addition, I was a police officer and supervisor for the state for over 20 years. I supervised our detective section, and I've actually worked sexual assaults. Have you? And, like I've pointed out, I'm a lawyer. And you're just flat wrong. On a third party complaint, the commander has no leeway, they have to refer it to CID. Period.
Finally, you may want to read the Military Law Review article from 2015 by MAJ Robert E. Murdough, which notes at p. 257 "Since at least 2005, commanders have been prohibited from conducting their own investigations into sexual assault allegations and are required to report to their MCIO '[w]hen information about a sexual assault comes to any commander’s attention.'"
In addition, I was a police officer and supervisor for the state for over 20 years. I supervised our detective section, and I've actually worked sexual assaults. Have you? And, like I've pointed out, I'm a lawyer. And you're just flat wrong. On a third party complaint, the commander has no leeway, they have to refer it to CID. Period.
Finally, you may want to read the Military Law Review article from 2015 by MAJ Robert E. Murdough, which notes at p. 257 "Since at least 2005, commanders have been prohibited from conducting their own investigations into sexual assault allegations and are required to report to their MCIO '[w]hen information about a sexual assault comes to any commander’s attention.'"
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SSG Brian G.
https://www.sexualassault.army.mil/policy_restricted.aspx
This from the Army website would clearly indicate that once again Capt Gregory Prickett is WRONG. He loves to throw around that he is a lawyer.
Here I will quote the relevant parts from the Army page on Sexual assault reporting.
Restricted reporting does NOT trigger CID involvement
"Sexual assault victims who want to confidentially disclose a sexual assault without triggering an official investigation can contact a SARC/SHARP Specialist, VA/SHARP Specialist, or a healthcare provider. By filing a restricted report with a SARC/SHARP Specialist, VA/SHARP Specialist, or a healthcare provider, a victim can disclose the sexual assault without triggering an official investigation and receive medical treatment, advocacy services, legal assistance, and counseling.
Victim conversations with a SARC/SHARP Specialist or VA/SHARP Specialist about the sexual assault are confidential communications, not to be disclosed to others, including law enforcement or the chain of command, except in a few very rare circumstances."
Unrestricted reporting however, DOES trigger it.
You can argue with the Army on it and pretty sure the Air Force mirrors this.
And oh wow, look at that... the Air Force MIRRORS exactly what the Army says, imagine that.
https://www.airforcemomsbmt.org/Sexual%20Harassment%20Info.htm
This from the Army website would clearly indicate that once again Capt Gregory Prickett is WRONG. He loves to throw around that he is a lawyer.
Here I will quote the relevant parts from the Army page on Sexual assault reporting.
Restricted reporting does NOT trigger CID involvement
"Sexual assault victims who want to confidentially disclose a sexual assault without triggering an official investigation can contact a SARC/SHARP Specialist, VA/SHARP Specialist, or a healthcare provider. By filing a restricted report with a SARC/SHARP Specialist, VA/SHARP Specialist, or a healthcare provider, a victim can disclose the sexual assault without triggering an official investigation and receive medical treatment, advocacy services, legal assistance, and counseling.
Victim conversations with a SARC/SHARP Specialist or VA/SHARP Specialist about the sexual assault are confidential communications, not to be disclosed to others, including law enforcement or the chain of command, except in a few very rare circumstances."
Unrestricted reporting however, DOES trigger it.
You can argue with the Army on it and pretty sure the Air Force mirrors this.
And oh wow, look at that... the Air Force MIRRORS exactly what the Army says, imagine that.
https://www.airforcemomsbmt.org/Sexual%20Harassment%20Info.htm
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MAJ James Woods
If it was to be treated as a civilian matter then chain of command has no business initiating a 15-6 and we should be asking when or why not call local police? Yes not a detailed article.
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Capt Gregory Prickett
I'll point out to Brian that only victims can make or request restricted reports. Both of the cases here involved reports by third-parties.
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My concern is that sexual assault or misconduct may be swept under the rug. Generals do make mistakes and commit misconduct. I know because my commander of the 24th Infantry was relieved for misappropriation of government property.
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LTC Thomas Tennant
Understand your concern. BUT in this case there was no sweeping under the rug of the inappropriate conduct. The investigation was being conducted but the press ran a story about the case and it appears that the two senators are now making political hay.
Here I think people need manage the expectations; the Reserves and National Guard only meet once a month for "battle assembly" aka "drill." and given the geographic dispersion of units it is almost impossible to all the key parties together to conduct an investigation.
Here I think people need manage the expectations; the Reserves and National Guard only meet once a month for "battle assembly" aka "drill." and given the geographic dispersion of units it is almost impossible to all the key parties together to conduct an investigation.
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