I wanted to share this with you due to the fact that HIV is charged as an Assault charge, usually Aggravated Assault and/or Wrongful Sexual Contact...
Even though Congress has never included specific HIV criminal language in the Uniform Code of Military Justice, the services continue to charge and usually convict service members based on their HIV status.
The language in the report is quite damning - http://www.militarytimes.com/article/20140916/NEWS06/309160067/IG-Sexual-assault-investigators-should-improve-methods
"Military investigators responding to reports of sexual assaults do not always follow the widely accepted standards set by civilian police agencies, according to a new Pentagon Inspector General’s report.
The final draft concluded that the military investigators adhere to most of the standards outlined by the International Association of Chiefs of Police. But the IG cited several exceptions, which included:
■ The Army’s CID and the Navy’s NCIS should consider changing their policies to encourage sexual assault investigators to proceed with a thorough investigation regardless of whether they obtain laboratory findings."
I am hopeful that with the language in sec 572 of NDAA 2014, and both HR 1843 and S 1790, the Department of Defense will begin to see the errors and wrongful prosecutions that continue to take place in our Nations armed forces.
I am specifically asking the Secretary Hagel, Secretary McHugh, Attorney General Holder, DOD General Counsel Stephen Preston, the Army General Counsel Brad Carson, the Judge Advocate General of the Army LTG Darpino, Senator Schumer, Senator Gillbrand, Senator McCaskill, Rep Sean Maloney, and Rep Barbara Lee to demonstrate Leadership in the light of this report and ensure that our men and women serving the Nation are always afforded the highest level of respect and ensure our rights to fair impartial thorough investigations are always guaranteed.
The Attorney General should conduct an independent investigation of a cross section of UCMJ cases ensure basics rights have been afforded and when they have not recommend to the President as Commander in Chief to Article 73 retrial or immediate dismissal of those cases deemed appropriate.
We should NEVER have to worry that a thorough impartial investigation will take place, but just as my case, in which there was no investigation conducted, there is a systemic problem with the entire process of how allegations are investigated at all...
We cannot leave it up to the military appellate court system...This has to be corrected at the lowest level.
On a special note related to HIV Criminalization specifically, I believe we have solid evidence in this report to help frame the HIV Criminalization discussion at the state level, since the DOD IG embraces the civilian standards outlined by the International Association of Chiefs of Police.
Congresswoman Barbara Lee is right on point with the legislative language..requiring "evidence based and medically accurate.." facts
We need to educate legislators, prosecutors and police officials on what that means.
It's sad to think that, in 2014, we have to fight to have thorough and impartial investigations conducted by any police authority.
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