The Sad Legal Perversity of the Military SHARP Programs

When I was in college, graduate school or the military, if a male and female soldier (or student) both voluntarily became intoxicated then had sloppy sex, the worst outcome might be one or both taking the “walk of shame” back to their own barracks or dorm room. Nowadays in the military, thanks to the likes of Claire McCaskill and a legion of Sexual Assault Response Coordinator/Victim Advocates (SARC/VA) the military has spawned, the female soldier is a de facto and de jure “victim” and the male will likely face a General Court-Martial or unfavorable administrative separation from service.

The first sign that this is a one-way street of sexism is the fact that the military rarely, if ever, charges the female with rape or sexual assault based on the same facts predicate. If little Jane is a presumed victim, how then can she be expected to join the ranks of the Infantry or Special Forces? Sexual Harassment/Assault Response and Prevention (SHARP) programs ignore human nature, the ways of the world and are lopsidedly implemented to the clear detriment of male warriors.

But, another insidious and legally problematic result of this uneven judicial result is the underlying state of Unlawful Command Influence (UCI) – the bane of a fair military justice system –that results from SARCs putting up trite posters that read, “It’s Harassment, Not a Compliment.” Besides distorting normal human interface, it is absurd on its face. For Heaven’s sake, how is it harassment to say, “Hey Chief, your Dress Uniform looks sharp”? Beyond such silliness is when allegations of harassment become offensively used as the best defense to an underlying offense committed by a female member. And, via a horrible convergence of SHARP and legal offices more concerned about protecting their commanders rather than seeking justice, UCI occurs.

A recent case-in-point involved a female officer/helicopter pilot in the 82D Airborne Division who was a serial adulteress. When confronted by her chain of command with one of her divers unlawful acts of fornication (remember, adultery is still a criminal offense under the UCMJ), she and a female colleague cooked up a sexual assault charge against her husband (also a helicopter pilot in the 82D Airborne Division).

Despite these charges being unsubstantiated by the initial Army investigation, as well as the Hartnett County, NC Police Department’s Criminal Investigation Division, the Army preferred charges against this woman’s husband after the Office of the Staff Judge Advocate and the Division Commander were pressured by the Sexual Assault Response Coordinator/Victim Advocate (SARC/VA) and the female officer’s civilian counsel.

End result: the cheating spouse gets sent to Officer’s Advance Course and Graduate School and the husband gets convicted of Sexual Assault, imprisoned and Dishonorably Discharged! This, despite the fact that the husband recently flew valorous missions in Afghanistan, flying his helicopter between the Taliban and the American lines in order to provide covering fire for friendly forces. So, a whoring wife is rewarded and a hero falsely convicted all so that the Army leadership can loudly proclaim, “We take sexual assaults seriously.” No more Task Force Smiths, my ass. America’s armed forces may be free of normal male-female relations, but it will soon get shot in the face on a battlefield with a near peer competitor if this whole SHARP nonsense is not repealed.

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