New CA Bill Would Help Prosecute Military Sexual Assault

CALIFORNIA — A loophole that can hinder efforts to prosecute members of the military accused of sexual assault would be closed under a bill introduced last week in the California State Senate, the bill's proponents say.

Current law says that members of the military "shall not be liable civilly or criminally" for any acts they do in the performance of their duty. The bill, SB 1274, would change state law to specify that sexual harassment and assault are not part of any military member's duties.

The current language could shield military members accused of sexual misconduct from prosecution, according to the bill's sponsors, Sen. Jerry Hill (D-San Mateo and Santa Clara Counties) and Sen. Thomas J. Umberg (D-Santa Ana). Both senators are former servicemembers.

“These crimes must be properly investigated and prosecuted, and it is essential to empower survivors, not silence them," Hill said in a statement. “Our basic tenets of justice do not change because the survivors and alleged perpetrators are our servicemembers. A loophole in the law jeopardizes those principles.”

The bill follows other recent reforms in California meant to increase accountability for sexual misconduct in the military, including a 2014 law requiring civilian prosecutors to handle assault cases involving the military.

The high rates of sexual assault in the military have gotten increased scrutiny in recent years. The U.S. military estimated 20,500 instances of "unwanted sexual misconduct" in 2018, and the California National Guard reportedly tried to fire a member in 2013 who criticized the National Guard's handling of sexual assault.