The DOD Inspector General’s Office Is Not Conducting Oversight of Sexual Assault Investigations or Related Training

In addition to its responsibilities for developing policy, DOD Instruction  6495.02 also specifies that the DOD Inspector General’s Office shall  oversee sexual assault investigations and related training within the DOD  investigative community. However, the DOD Inspector General’s Office is  not performing these responsibilities primarily due to its reported focus on  other, higher priorities. For example, DOD reported that in fiscal year  2010, the services’ criminal investigative organizations collectively  completed 2,594 investigations of alleged sexual assault. The Services Are Not Maximizing Opportunities to Leverage Resources Provided for Investigations and Adjudications of Sexual Assault Incidents

Consistent with the Secretary of Defense’s priorities for sexual assault  prevention and response, the military services provide various resources  to support their investigations and adjudications of alleged sexual assault  incidents. Service Investigative Organizations and Judge Advocate Offices Are Not Maximizing Opportunities to Leverage Expertise and Limited Resources

The services have taken positive steps to enhance investigations and  adjudications of alleged sexual assault incidents, but they have not fully  capitalized on existing opportunities to leverage each other’s expertise and  limited resources. The Base Realignment and Closure Commission  subsequently adopted a modified version of the Secretary’s  recommendation. However, senior officials from each service’s  investigative organization told us that there are currently no plans to use  opportunities such as this co-location to develop joint initiatives, including  advanced-level training on investigating sexual assaults, that could allow  the services to better leverage each other’s expertise and limited resources  to achieve the operational synergies noted by the Secretary of Defense. Further, the services reported in their fiscal year 2012 budget justifications  to Congress that the co-location efforts have cost over $426 million, and  produced a total of about $53 million in savings from fiscal years 2006 to  2011, which were derived, in part, through the reduction in costs to  support infrastructure. The Ronald W. Reagan National Defense Authorization Act for Fiscal Year  2005 directed the Secretary of Defense to review the Uniform Code of  Military Justice and the Manual for Courts-Martial in order to determine  what changes were required to improve the ability of the military justice  system to address issues related to sexual assault, and to conform those  authorities more closely to other federal laws and regulations that address  such issues. The task force also reported that practitioners consistently  advised its members that the new Article 120 is cumbersome and  confusing, and stated that prosecutors had expressed concern that the  new Article may be causing unwarranted acquittals. For  example, service judge advocates told us that there is a lack of clarity with  regard to the meaning of certain terms in the amended article, which  makes it more difficult to prosecute these cases. Moreover, recent  opinions issued by the Court of Appeals for the Armed Forces addressed  issues that were raised in our discussions with judge advocates, including  constitutional issues that may arise related to the burden of proof in  certain situations. In concurring with our second recommendation that the DOD Inspector  General, in conjunction with the military services, develop and implement  clear goals, objectives, and performance data for monitoring and  evaluating the services’ sexual assault investigations and related training,  the DOD Inspector General’s Office commented that it is currently  preparing its fiscal year 2012 oversight plans, which will include initiatives  that correspond to its newly developed policy on sexual assault  investigations that is currently in coordination with the military services. Appendix I: Scope and Methodology

To determine the extent to which the Department of Defense (DOD) is  conducting oversight of the military services’ investigative organizations,  we reviewed and analyzed relevant Office of the Secretary of Defense  (OSD) and DOD Inspector General policies, guidance, and procedures to  identify department-level policy development and oversight  responsibilities for the services’ military criminal investigative  organizations. To determine the extent to which the military services provide resources  for investigations and adjudications of alleged sexual assault incidents, we  reviewed OSD, DOD Inspector General, and the military service  investigative and legal policies to identify responsibilities and processes  for providing personnel and fiscal resources to initiatives that relate to  investigations and adjudications of alleged sexual assault incidents. To supplement our analyses we interviewed senior officials from OSD and spoke with a total of 48  judge advocates and DOD civilian lawyers, between the services’  headquarters and at selected installations, to gain their perspectives on the impact of the revisions made in 2007 to the Uniform Code of Military  Justice as well as their recommendations for any suggested modifications.
Why GAO Did This Study

The crime of sexual assault has serious consequences for both the aggrieved and the accused. The severity of these consequences underscores the importance of impartially administering justice in order to promote accountability and confidence that such allegations are taken seriously. GAO was asked to address the extent to which (1) the Department of Defense (DOD) conducts oversight of the military services' investigative organizations and (2) the services provide resources for investigations and adjudications of alleged sexual assault incidents. GAO also identified an issue relating to the military's criminal code during this review. GAO analyzed relevant DOD and service policies and procedures; reviewed applicable laws, including provisions of the Uniform Code of Military Justice; and interviewed senior DOD and service officials, including a total of 48 judge advocates and DOD civilian lawyers, at the headquarters level and at five selected military installations.

What GAO Found

Pursuant to the National Defense Authorization Act for Fiscal Year 2005, the Office of the Secretary of Defense (OSD) developed a policy on sexual assault prevention and response. In June 2006, OSD published DOD Instruction 6495.02, which specifies that the DOD Inspector General's Office shall develop policy and oversee sexual assault investigations and related training for the DOD criminal investigative organizations. However, the Inspector General's Office has not performed these responsibilities, primarily because it believes it has other, higher priorities. For example, GAO found no evidence of Inspector General oversight at the service level for any of the 2,594 sexual assault investigations that DOD reported the services completed in fiscal year 2010. Without a policy and plan for conducting oversight, the Inspector General's Office will remain limited in its ability to help ensure consistency and accountability, and that training is being conducted in the most effective manner. Consistent with the Secretary of Defense's priorities for sexual assault prevention and response, each service provides various resources to support investigations and adjudications of alleged sexual assault incidents. Specifically, each service has provided personnel who advise and assist on investigations and adjudications of sexual assault incidents. Each service's investigative and legal organizations also received funding, above their operating budgets, for efforts to enhance investigations and adjudications of sexual assault. For example, in fiscal year 2009, Army investigators received $4.4 million to redesign training on sexual assault investigations. However, the services' investigative and legal organizations are not fully capitalizing on opportunities to leverage each other's expertise and limited resources. For example, the Secretary of Defense, as part of the Base Realignment and Closure process, recommended that the services' investigative organizations co-locate to achieve operational synergies. However, the services currently have no plan for using opportunities such as the co-location--a move that has cost over $426 million and reportedly saved about $53 million for infrastructure support from fiscal years 2006 through 2011--to better leverage expertise and limited resources. Judge advocates also collaborate on some initiatives, but do not have a plan for leveraging resources either. Without a plan, the services cannot help ensure that resources are sustained and efficiencies are maximized. GAO met with judge advocates who consistently expressed concerns, similar to those noted in a 2009 Defense Task Force report, that a 2007 amendment to Article 120 of the Uniform Code of Military Justice complicates sexual assault prosecutions and may be causing unwarranted acquittals. Specifically, judge advocates stated that there is a lack of clarity with regard to the meaning of certain terms in the amended article, which makes it more difficult to prosecute these cases. Further, recent opinions issued by the Court of Appeals for the Armed Forces addressed constitutional issues that may arise related to the burden of proof in certain situations. For fiscal year 2012, DOD proposed revisions to Congress intended to remedy some of these issues.

What GAO Recommends

GAO is recommending that DOD develop policy and provide oversight for sexual assault investigations and related training, and for the services to develop a plan to better leverage expertise and limited resources. DOD and the Inspector General concurred with the recommendations, although the Inspector General disagreed with the characterization of its performance. GAO believes its findings are accurate, as addressed more fully in the report.