Army SHARP: Laws and Regulations for Sexual Harassment in Court-Martials Overview

The Manual for Courts-Martial outlines the purpose of Military Law. The source of military jurisdiction include the constitution and international law. Military Law consists of the statutes governing the military establishments and regulations. The purpose of military law is to promote justice, to assist in maintaining good order and disipline in the Armed Forces. (MCM, preamble, pg 1- 1)

Appendix 2 Uniform Code of Military Justice (UCMJ) applies to all members of the armed forces. Consisting of 146 articles which govern the administration of courts martial. Punitive articles are articles that can be tried in a court martial and there are a total of 59. Nonjudicial punishment is governed under Article 15. Commanders use this article when administrative measures are not appropriate for the offense. Use of nonjudicial punishment is proper in all cases involving minor offenses in which non-punitive measures are considered inadequate or inappropriate. (AR 27-10 pg. 27)

Sexual harassment is not governed specifically in any article, however article 134 governs those offenses that involves disorders and neglects to the prejudice and good order and discipline in the military. One example would be that the accused touched a person in a certain manner that was not appropriate. Article 134- (assault-indecent) says that the acts were done with the intent to gratify the lust or sexual desires.

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The regulation, which governs sexual harassment in the Army, is AR (Army Regulation) 600-20 dated 15 August 1999. The title of the regulation is Army Command Policy. This regulation covers many policies in the army, however chapter 7 specifically covers the prevention of sexual harassment. The purpose of this regulation is to prescribe the policies and responsibilities of command, which include military discipline and conduct and The Equal Opportunity Program.

The definition of sexual harassment is that it is a form of gender discrimination that includes unwelcome sexual advances, requests for sexual favors and other verbal, nonverbal and physical conduct of a sexual nature. The categories of verbal include the inappropriate Jody calls that are of a sexual or gender nature. Telling sexual and or racial jokes, talking and describing ones physical appearance and whistling in a suggestive manner. Nonverbal would be using email and faxes to send unwanted messages, winking, blowing kisses and undressing a person with your eyes. Physical contact is touching, patting, giving unwanted neck rubs; bumping and grabbing just to name a few.

There are two types of sexual harassment, Quid Pro Quo, meaning This for that and hostile environment. Using your position to affect a persons career or promotion, promising special favors and giving special treatment would be an example of Quid Pro Quo. Hostile environment is bringing sex or gender differences into the workplace and that it would interfere with the performance of your job.

In Summary, the laws and regulations are in place to protect members of the military and to punish those that violate these policies. All members in the military should be able to work comfortably in an environment that is free of sexual harassment. Immediately reporting any instances is the key to this program being successful and with the chain of command immediately taking action.

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