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Reformed Military Justice Code Tracks Greater Number of Sexual Assaults

Kentucky National Guard photo by Sgt. David Bolton, Kentucky National Guard Public Affairs Office

Changes to the Kentucky National Guard’s code of justice have enabled military police to better deal with sexual assault occurring within their ranks. 

The reforms were pushed through last year’s General Assembly by Rep. Tanya Pullin, a Democrat who co-chairs the Joint Committee on the Military, Veterans Affairs and Public Protection.

National Guard deputy state judge advocate Col. John Knox Mill told the panel this week that the number of victims’ advocates in his organization has increased to 60, and victims are reporting offenses in greater numbers as a result.

“This increase in cases is not because there have been more sexual assaults, but rather that it reflects a greater awareness and trust by victims in the program and the new criminal code,” said Mill. 

The higher level of reporting mirrors a national trend: A 2013 study by the Pentagon found a 50 percent increase in reported sexual assaults in the military due to victims being more comfortable with reporting incidents.

But the updated code also addresses crimes that have only emerged with the growth of the Internet.

“The new code also includes criminal statutes that address the more recent developments and trends in criminal behavior," said Mill. "Examples of those might include cyber-stalking, harassing communications and sexual harassment. And also other traditional criminal behavior that has taken on different forms as a result of technology or a more gender-integrated force.”

Kentucky’s new military code now provides new punishments for rape and sexual harassment, as well, and includes guidance for military police on modern day offenses such as cyber-stalking. It also authorizes stiffer court martial penalties to deter criminal behavior.

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