Posted on Oct 14, 2014
SFC Paralegal Specialist
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What do you think about the new SHARP implementations and new victim's rights according to the 2014 NDAA?
Posted in these groups: E1688309 SHARPUnited states army logo Army
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CW5 Desk Officer
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Edited >1 y ago
Thanks for bringing this to our attention, SFC (Join to see). I read about the changes to the MCM under the 2014 NDAA (http://www.defense.gov/news/newsarticle.aspx?id=121444), and I have to say the changes sound good to me. The changes seem to be all about protecting victims of sexual assault/harassment, and that's a good thing.

I'm wondering if there is even a possible down side, and I think the only down side would be that the alleged perpetrator's rights have to be in the mix somehow, especially if the "event" (say, sex) really was consensual and the "victim" decided afterwards - for whatever reason - to change her/his mind.
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SFC Paralegal Specialist
SFC (Join to see)
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CW5 (Join to see), being that I deal with this day in and day out, there is a lot of conflict. I think with us trying so many cases and working out the conflicts, new case law will be made to help find a balance between the victim's rights and accused's rights. Every time there is change, there are always kinks to work out.
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SFC Walter Wilson
SFC Walter Wilson
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Reading the article provided by CW5 Montgomery, some of these practices have been in place at my location for sometime. The SVC's and victims not being required to testify have been in place since last year. I do like the idea of JAG officers being involved in art 32 and the changes to art 60. Some of the concern I have about these changes come from incidents of Soldiers trying to weaponize the SHARP program against those they don't like. I'm not sure what the situation is like in big Army but it's has come up in several sensing sessions and focus group (IET population) that some Soldiers are using such complaints punish others or escape punishment themselves.
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SFC Paralegal Specialist
SFC (Join to see)
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SFC Walter Wilson, I'm sure there will be cases where the victim is using the program as a weapon. That is with any program though. It shouldn't be that way, but that is how it is.
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SFC Walter Wilson
SFC Walter Wilson
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SFC (Join to see) - Agreed, had a recent harassment case that escalated beyond where it needed to because of this. Had a previous assault case where the victim stopped participating after they go themselves into additional trouble. The very nature of these crimes make it very difficult to prove what actually happens. I just try to train the younger Soldiers to understand the resources involved in the making false reports.
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SGT Jay Ehrenfeld
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SSgt,
It a classic he said she said and the law usually take on the males because lack of evidence there was a sexually crime committed. I didn't said all sexually crime is false. One female news reporter said all females does lies and a female singer has been report and she blame herself and she got a back lash to because she blame herself for it and not the male.
If two people accepted of their action when it happen then it no sexually crime has committed.
There is a case in the court right now that a formal college males got kick out because the dear Colleague letter also there is two female College professors claiming that accidentally they have sex and these two college professor blame the males for it and not the females for her action. Remember it take two ramble. yes or no and you remember at university Virginia false claim and turn that she lied to cover up her action.
According these two things is against the males on campus and the so called Title 9. but the Senator form new want the Dear colleague letter became a federal law so the make wit go to court to relief them of their false lies by the females.
The females who make false claim should be Accountable for her action toward the male the feminist want to be equal can't have it both ways where their responsible for their action in this matter it not one way street both parties should held accountable.
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