A bill to amend title 10, United States Code, to improve and enhance the capabilities of the Armed Forces to prevent and respond to sexual assault and sexual harassment in the Armed Forces, and for other purposes.
Military Sexual Assault Prevention Act of 2012 - Prohibits any person convicted under federal or state law of rape, sexual assault, forcible sodomy, or incest from being commissioned or enlisting in the Armed Forces. Requires administrative separation from the Armed Forces, when not punitively discharged, for any member of the Armed Forces (member) on active duty, and any reserve member in an active status, who is convicted of rape, sexual assault, forcible sodomy, or an attempt thereof (covered offenses). Allows the Secretary of the military department concerned to waive such a separation in the interests of national security on a case-by-case basis.
Directs the Secretary of Defense (DOD), with respect to any charge under the Uniform Code of Military Justice (UCMJ) that alleges any of the covered offenses, to require the military department Secretaries to restrict disposition authority to specified high-command officers authorized to convene special courts-martial under the UCMJ.
States as the policy of the United States that any charge regarding the covered offenses should be disposed of by court-martial rather than non-judicial punishment or administrative action.
Requires inclusion in a member's personnel service record of a substantiated complaint of a sexual-related offense. Requires commanding officer review of a member's history of substantiated sexual offenses upon a member's transfer to the new command.
Requires sexual assault forms and records to be retained for at least 50 years.
Amends the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 to add additional required information within annual reports on sexual assaults involving members.
Establishes an independent panel to review and assess UCMJ judicial proceedings involving sexual assault and related offenses for purposes of developing potential improvements to such proceedings.
Directs the Secretary to develop a comprehensive policy to prevent and respond to sexual harassment in the Armed Forces. Requires related reports.
Introduced in Senate
Read twice and referred to the Committee on Armed Services.
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