‘The scourge of sexual assault’: Push to change military prosecutions gains traction

Amy Marsh testifies before Congress in a March hearing on how sexual assault cases are prosecuted in the military. Defense Secretary Lloyd J. Austin III vowed to work with Congress to enact the change, saying the reform offered “real opportunities to finally end the scourge of sexual assault and sexual harassment in the military.” In Marsh’s case, the commander of her husband’s unit “decided not to prosecute the alleged assailant” because “he determined that the investigation yielded insufficient evidence to prove Ms. Marsh was too intoxicated to consent to sexual activity,” William E. Orr Jr, associate director of the Air Force Judiciary, said in a 2020 letter to a senator from Arizona, where Marsh’s husband is now based. “The Air Force promises survivors ‘maximum support’ after reporting sexual assault,” Marsh told the senators, “but that is not what I felt following my decision to come forward.” At first, she decided against reporting the incident, fearing retaliation in the insular and rumor-ridden world she found at the base, Marsh said in an interview. “Sexual assault and harassment of any kind are inconsistent with the Department of the Air Force’s core values,” said Ann Stefanek, an Air Force spokesperson. “Allegations of sexual assault are taken seriously and investigated thoroughly.” The Air Force’s letter to McSally described its decision not to charge the noncommissioned officer who accompanied Marsh to the after-party.