IS MILITARY PROTOCOL EFFECTIVE REGARDING MILITARY SEXUAL ASSAULT ✓ Solved

A focus on laws and sexual ethics of the military justice system obligates a close examination of the military's public achievements and failures on solving sexual misconducts. The military together with academies forms part of a microcosm in society (Gedney et al., 2020). Thus, the military has established a justice system intended to address sexual harassment. Nevertheless, the military protocol has not been effective regarding military sexual assault. A significant indicator of this ineffectiveness is the lack of confidence in the system, which forms one of the main reasons why individuals do not report cases of sexual harassment within the military (Stander et al., 2017).

Several primary reasons contribute to the system's lack of trust. One of the most critical failures of the military justice system is the absence of victim protection laws. These laws are essential to increase the number of sexual assault reports, as they create a safer environment for victims to come forward. Due to their absence, many military sexual assault victims continue to suffer in silence, fearing repercussions or disbelief. Furthermore, the military justice system's command discretion lacks well-defined policies and laws. This ambiguity leads commanders to overlook certain cases of sexual assault, thereby empowering individuals within the system and resulting in biases in court proceedings.

Additionally, the absence of legal representation for victims further undermines the military justice system. Victims are typically left without dedicated legal agents during the justice process, which leads to a perception that the military justice system is unreliable and unjust when compared to civilian courts. Such factors contribute to a systemic culture of silence regarding sexual assaults within the military, significantly hampering efforts to combat this serious issue.

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The military system is built on rigorous codes and protocols intended to maintain order and discipline. However, when it comes to addressing issues of sexual assault and harassment, the effectiveness of these protocols has been widely criticized. The prevalence of military sexual misconduct represents a significant challenge that calls for comprehensive analysis. The evaluation of military protocols against sexual harassment indicates numerous shortcomings within the military justice system.

According to a study by Gedney et al. (2020), the military justice system fails to instill confidence in potential victims. Sexual assault in the military is often underreported, partially due to the belief that the system lacks integrity and will not adequately protect or support victims. This sentiment is further supported by the findings of Stander et al. (2017), who demonstrate that historically high rates of sexual harassment and assault within military ranks correlate with a low reporting rate, revealing a systemic issue of mistrust.

A significant problem identified within the military justice system is the lack of stringent victim protection laws. Victims often fear retaliation or are concerned that their cases will not be taken seriously. Existing protocols often do not provide the necessary safeguards that would encourage victims to come forward. Stander and Thomsen (2017) argue that protective measures are critical in creating an environment where victims can report incidents without fear of repercussions. The absence of these measures discourages individuals from reporting, leading to a cycle of silence that perpetuates the problem of sexual assault in the military.

Moreover, the command discretion exercised in handling sexual assault cases has resulted in inconsistent actions taken by military leaders. The lack of clear policies governing such discretion leads to situations wherein commanders may choose to overlook allegations, contributing to a culture of impunity. The power vested in a single commander can result in decisions influenced by personal prejudices or biases, undermining the objective administration of justice (Holliday et al., 2019).

The critique of the military justice system does not end with policies and protective measures; it extends to the lack of legal representation for victims. Unlike civilian cases, victims in military lawsuits do not have access to dedicated legal counsel. As Gedney et al. (2020) indicate, this absence complicates the ability of victims to navigate a system that is not only intimidating but also inherently biased against them. The absence of legal representation diminishes their chances of receiving a fair outcome and offense victims' belief that the military justice system adequately protects their rights.

Furthermore, the connection between the military's failure to effectively address sexual misconduct and broader cultural issues cannot be ignored. The military is inherently a reflection of societal attitudes, and as such, it may perpetuate prevalent prejudices and discrimination that exist outside of military life. Addressing this reflection is crucial to effecting change within the military. Social science research has established that organizational culture plays a critical role in shaping behavior (Holliday et al., 2019). Positive cultural shifts, including acknowledgment of the problem and active engagement in efforts to combat harassment, are necessary to restore confidence in military protocols.

To foster a more effective military justice system regarding sexual assault and harassment, substantial reforms must be initiated. By implementing stringent victim protection laws, establishing clear guidelines for command discretion, providing legal representation for victims, and addressing the underlying cultural issues, the military could improve the overall effectiveness of its protocols for addressing sexual misconduct. Changes must prioritize the rights and experiences of victims to create an environment conducive to reporting and resolution.

In conclusion, while the military has established protocols to address sexual assault and harassment, their effectiveness is severely undermined by systemic weaknesses. From a lack of victim protections to issues of command discretion and inadequate legal representation, the military justice system faces significant challenges that require urgent attention. As research has illustrated, a multifaceted approach that targets these issues can lead to a more effective framework for dealing with military sexual misconduct. Ultimately, restoring faith in the military justice system is paramount in addressing and resolving the ongoing crisis of sexual assault and harassment within military ranks.

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