President Joe Biden signed an executive order on Friday instituting sweeping changes to the military legal code, marking the most significant reform since its creation in 1950.

The order grants independent military attorneys the authority to make decisions regarding the prosecution of serious military crimes, including sexual assault, thereby removing such power from victims' commanders.

The executive order is a formal implementation of legislation passed by Congress in 2022, which aims to strengthen protections for service members who have often been at the mercy of their commanders when deciding whether to take assault claims seriously.

Over the years, members of Congress have been engaged in a frustrating battle with defense leaders on this issue. They argued that commanders sometimes turned a blind eye to charges or incidents in their units in order to protect those accused of offenses.

They further contended that involving independent lawyers would bolster prosecutions. However, military leaders expressed concerns about the potential erosion of commanders' authority.

The executive order is a result of the tireless efforts of Senator Kirsten Gillibrand of New York, who spent nearly a decade advocating for reform in handling sexual assaults within the military. Gillibrand expressed her hope that these changes would instill greater trust, professionalism, and confidence in the system.

The reforms were also recommended by an independent review commission on sexual assault in the military and included in the annual defense bill. Formal presidential action was required due to the need for a change in the Uniform Code of Military Justice.

The Pentagon has been proactive in implementing these changes, with the Army, Navy, Marine Corps, and Air Force establishing new special trial counsel offices last year, which will assume prosecution decision authority by the end of this year.

Starting from January 1, 2025, these offices will also oversee sexual harassment cases. The reform comes at a time when the military is grappling with a rise in reported sexual assaults. While efforts to make it easier and safer for troops to come forward have seen some success, the number of assaults has continued to increase over the years.

During the 2022 fiscal year, there were over 8,942 reported sexual assaults involving service members, slightly higher than the previous year. Defense officials argue that the increase in reported assaults indicates a positive trend, demonstrating more confidence in the reporting system, improved support for victims, and an increased number of offenders being held accountable.

In conclusion, the executive order signed by President Biden signifies a significant step towards addressing the issue of sexual assault in the military. By empowering independent military attorneys and removing the authority from victims' commanders, the reforms aim to strengthen protections for service members and enhance prosecutions.

The implementation of these changes will play a crucial role in instilling trust, professionalism, and confidence in the military's legal code.