The Consequence of Legislation: An Analysis of Military Sexual Assault

The purpose of the thesis is to analyze the evolution of military sexual assault and misconduct laws, under Article 120, in the Uniform Code of Military Justice to determine what factors influenced Congressional interventions that lead to policy amendments. Additionally, this thesis will examine the implications of these policy changes within the greater landscape of military sexual assault prosecution and prevention. Despite numerous changes to the definition of rape and sexual assault and provisions to protect MSA victims, instances of professional retaliation continue to be disruptive. Some scholars have written about the pervasiveness of military sexual assault and the hardships of navigating the military judicial system. Yet, no literature traces the history of military sexual assaults, to locate shortcomings and recommend potential solutions. Additionally, the existing literature lacks a veteran's perspective. Critical Military Scholars are needed in this field to investigate the ways in which different structures and power dynamics within the Armed Forces perpetuate problems, such as military sexual assault. An examination of Congressional oversight, which developed and amended the military justice system and implemented policy modifications will illuminate some of the factors that perpetuate the military sexual assault.