Editorial: Air Force rape case a blot on military justice

It is unacceptable that a U.S. general has not offered an adequate explanation for overturning a military jury’s guilty verdict in a sexual assault case.

The fact that Air Force Lt. Gen. Craig Franklin would toss the conviction of Lt. Col. James Wilkerson, a fighter pilot, and order his release from jail after an all-male jury found Wilkerson guilty of aggravated sexual assault is highly questionable. But to do so without detailing specific reasons for doing so is shocking — even though the military code of justice gives him that power.

The reversal has sparked outrage from women’s advocacy groups and on Capitol Hill. Justifiably so.

On Wednesday, Defense Department officials were grilled by Senate Armed Services Committee members who contend the military justice system is uncaring and too slow to change. Calls have arisen for the Pentagon, Congress and the White House to intervene — and for Franklin’s removal. And legislation has been introduced to strip a commander of the powers to alter or overturn a military jury’s decision.

Newly appointed Defense Secretary Chuck Hagel has ordered an investigation of the case and a review of Uniform Code of Military Justice rules that give commanders that authority, according to Stars and Stripes, an independent military news organization.

Despite a pledge that the military has no tolerance for sexual misconduct and new programs to aid victims and go after perpetrators, the numbers of sexual assault, rape and sexual harassment incidents are escalating. A Pentagon report last year estimated only about one sixth of victims report the crimes.

A statement from the Third Air Force, which Franklin commands, said the general had “concluded that the entire body of evidence was insufficient to meet the burden of proof beyond a reasonable doubt.”

Franklin’s decision may or may not have been arbitrary — “It looks like somebody taking care of one of their guys,” said Sen. Claire McCaskill, D-Mo., a member of the Senate panel and a former prosecutor.

Franklin’s action sends the wrong message to U.S. military personnel.

This editorial first appeared in the Albuquerque Journal. It was written by members of the editorial board and is unsigned as it represents the opinion of the newspaper rather than the writers.