The president’s executive order, signed Wednesday, establishes sexual harassment as an offense under the Uniform Code of Military Justice.
WASHINGTON — President Joe Biden is strengthening the military justice system’s response to sexual and gender-based violence, a move the White House said was key after Houston native and Army Spc. Vanessa Guillén’s death in 2020 and the legislative reforms her murder spurred in Congress.
An executive order Biden signed Wednesday establishes sexual harassment as a specific offense under the Uniform Code of Military Justice and will allow officials to prosecute the crime directly.
Biden said he signed the order to advance the series of historic reforms Congress passed late last year as part of the 2022 National Defense Authorization Act, including key components of the I Am Vanessa Guillén Act, which specifically called for establishing sexual harassment as an offense under the military justice code.
Guillén, whose dismembered remains were found two months after she went missing from Fort Hood in 2020, told her family she was being sexually harassed at work before she disappeared. Her remains were found buried next to the Leon River outside the massive Army base.
In a report released after her death, the Army confirmed Guillén was sexually harassed by a supervisor, but not by the soldier accused of killing her. Continued study of the environment at Fort Hood in Central Texas, the nation’s largest military installation, showed a culture of sexual harassment and a lack of action from leadership.
“The Guillén family’s leadership and determination in advocating for change underscored the need for military justice reform, including how the Uniform Code of Military Justice (UCMJ) addresses sexual harassment,” the White House said in a statement Wednesday.
In addition to formally adding sexual harassment to the Uniform Code of Military Justice, which activists hope will both help punish offenders and prevent other serious crimes from developing, Biden’s executive order also strengthens the military justice system’s response to domestic violence and the unwanted sharing of intimate visual images.
Reforms in the NDAA include moving decisions to prosecute sexual assault, domestic violence and other serious crimes out of the chain of command and instead into the hands of independent, specialized prosecutors.
Lawmakers and advocates said this change is key to ensuring justice for survivors, but some argued the NDAA still had flaws, and that not all of the changes they pushed for were included. Biden signed the act into law on Dec. 27.
“@POTUS has signed an [executive order] establishing sexual harassment as a military offense based on my I Am Vanessa Guillén Act provision in the NDAA,” Rep. Jackie Speier, D-Calif., tweeted Wednesday. “This is a testament to Vanessa’s legacy and her family’s resiliency, and I commend Biden’s action on this critical issue. But more is needed!”
Speier has worked for over a decade to shine light on the problems the military has had in preventing and prosecuting sexual assault and harassment.
“We must move sexual harassment cases from the chain of command and implement independent investigations,” Speier said. “Our servicemembers should be focused on the enemy outside the wire, not defending themselves from within their own ranks.”
“Bold action is needed to address the scourge of sexual misconduct crimes in our military,” Rep. Veronica Escobar, D-El Paso, tweeted after Biden signed the order. “Thank you @POTUS for making sexual harassment an offense in the Uniform Code of Military Justice. This is a great step in delivering justice for Vanessa Guillen’s family and other victims.
Defense Secretary Lloyd Austin said all men and women in uniform should be able to serve their country without fear of violence or harassment.
“To that end, I was glad to be present today as @POTUS took real action to improve the military justice system’s response to sexual assault, harassment, and related crimes,” Austin tweeted Wednesday.
