"Protect Our Defenders," a nonprofit human rights organization, gives voice to military service members who have been raped or sexually assaulted by service members. They post their annual media reports on this site.
The Military Justice Improvement Act (MJIA) S.1752, moved the decision whether to prosecute any crime punishable by one year or more in confinement to independent, trained, professional military prosecutors, with the exception of crimes that are uniquely military in nature, such as disobeying orders or going Absent Without Leave. The decision whether to prosecute 37 serious crimes uniquely military in nature, plus all crimes punishable by less than one year of confinement, would remain within the chain of command.
Justia offers an overview of Feres v. United States, 340 U.S. 135 (1950) argued on October 12, 1950 and decided on December 4, 1950, reminding readers that Official Supreme Court case law is only found in the print version of the United States Reports.
The Feres Doctrine bars members of the armed forces and their families from filing claims against the federal government for injuries arising from or in the course of activity incident to military service.
In the context of recent class actions against government and military officials for constitutional violations stemming from sexual assaults in the U.S. military, Francine Banner critiques the application of the Feres doctrine and the policy of judicial deference to military affairs. Her essay argues that the balance of harms weighs heavily in favor of judicial intervention understanding the the pervasive and longstanding constitutional violations.
The American Bar Association proposes a National Guard "Model State Code of Military Justice" recognizing that the roles of the Guard's Title 32 and Title 10 missions are changing over time and the Guard is mobilized for active duty at an unprecedented frequency.