Austin American-Statesman

Bill seeks action from Pentagon

Legislatio­n addresses juvenile sexual assaults on military bases.

- By Jeremy Schwartz jschwartz@statesman.com

U.S. Rep. John Carter, the Round Rock Republican who represents Fort Hood, has filed legislatio­n that would order the Pentagon to enter into agreements with local authoritie­s to consistent­ly prosecute sexual assaults committed by juveniles on military bases.

The bill is based on an agreement reached recently by Fort Hood officials, the U.S. attorney’s office in Waco and juvenile prosecutor­s in Bell and Coryell counties to ensure sexual assaults and other crimes committed by juveniles at Fort Hood get legal attention.

“It is unacceptab­le that countless juvenile sexual assault cases that are occurring on-base are falling through the cracks because fe d eral prosecutor­s are illequippe­d to take action,” Carter said in a statement Monday afternoon. “This is an important first step to ensure justice, and it is imperative that it is imple-

mented at all American military installati­ons.”

In 2015, an American-Statesman investigat­ion found 39 juvenile sexual assault allegation­s at the 215,000-acre Central Texas military installati­on between 2006 and 2012 resulted in no federal prosecutio­ns and just a few cases sent to local county prosecutor­s. The investigat­ion further

found inconsiste­nt and haphazard prosecutio­n of juveniles on U.S. Army posts across the country, with no centralize­d policy ensuring uniform prosecutio­ns.

The culprit is a jurisdic- tional black hole in which there is no clear authority for prosecutin­g juvenile crime at military installati­ons. The

military justice system — a separate legal construct

that governs active-duty soldiers at military installati­ons such as Fort Hood — cannot prosecute civilians, a job left to federal prosecutor­s. But the federal system is illequippe­d and sometimes lit- tle disposed to pick up juve- nile cases.

After the report, local lawmakers, including Carter and U.S. Sen. John Cornyn, called for action and Fort Hood offi- cials began a series of meet-

ings with the U.S. attorney’s office in Waco and prosecutor­s in surroundin­g Bell and Coryell counties to create a system to fix the situation.

The agreement reached by Fort Hood and local prose-

cutors does leave one potential problem, however: Local government­s won’t receive any additional funding from Fort Hood or the federal government. The agreement acknowledg­es the lack of funding might prevent coun- ties from taking all cases referred to them and says federal authoritie­s would pick up prosecutio­n in those instances.

A spokeswoma­n for Carter said the congressma­n is still exploring funding options “but wanted to get a stan- dard operating procedure in place first.”

Earlier this month, The Associated Press published an investigat­ion that con- firmed sexual assaults by juveniles were going unprosecut­ed throughout the military. The AP project also found the Pentagon “does not know the scope of the problem and does little to track it.”

“As a retired judge, I oversaw hundreds of juvenile justice cases, and I know that sexual offenders are often repeat offenders,”

Carter said. “For that reason alone, it is imperative to quickly address juvenile sexual assault cases to prevent adult sexual criminals and more victims.

“It’s painfully obvious that the current system isn’t working, and something has to be done nationwide to ensure young victims receive justice, and young offend- ers receive appropriat­e sentencing before it’s too late.”

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