Arresting Tailhook: The Prosecution of Sexual Harassment in the Military
JUDGE ADVOCATE GENERAL'S SCHOOL CHARLOTTESVILE VA
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This thesis examines the nature and extent of sexual harassment in the military and alternative theories to prosecuting conduct that is deemed sexual harassment. The U.S. Navy has adopted a punitive regulation that directly criminalizes sexual harassment, and has pending a legislative proposal to add a specific article to the Uniform Code of Military Justice UCMJ prohibiting sexual harassment. In contrast to this direct criminalization approach, the existing UCMJ contains numerous provisions that can be used to prosecute underlying conduct that is perceived to constitute sexual harassment. This thesis examines the Navy regulatory prohibition and the proposed statute, and compares them with current UCMJ articles as means for prosecuting sexual harassment conduct. It concludes that the direct criminalization of sexual harassment poses serious constitutional and practical problems that need not be faced since the existing provisions of the UCMJ provide a sufficient substantive body of law to prosecute sexual harassment offenses.
- Sociology and Law
- Military Forces and Organizations