TOKYO (AP) - After a night of heavy drinking at the Globe and Anchor, a watering hole for enlisted Marines in Okinawa, Japan, a female service member awoke in her barracks room as a man was raping her, she reported. She tried repeatedly to push him off. But wavering in and out of consciousness, she couldn’t fight back.
A rape investigation, backed up by DNA evidence, ended with the accused pleading guilty to a lesser charge, wrongfully engaging in sexual activity in the barracks. He was reduced in rank and confined to his base for 30 days, but received no prison time.
Fast forward a year. An intoxicated service member was helped into bed by a male Marine with whom he had spent the day. The Marine then performed oral sex on the victim “for approximately 20 minutes against his will,” records show. The accused insisted the sex was consensual, but he was court-martialed, sentenced to six years in prison, busted to E-1, the military’s lowest rank, and dishonorably discharged.
The two cases, both adjudicated by the 1st Marine Aircraft Wing, are among more than 1,000 reports of sex crimes involving U.S. military personnel based in Japan between 2005 and early 2013. Obtained through the Freedom of Information Act, the records open a rare window into the world of military justice and show a pattern of random and inconsistent judgments.
The Associated Press originally sought the records for U.S. military personnel stationed in Japan after attacks against Japanese women raised political tensions there. They might now give weight to members of Congress who want to strip senior officers of their authority to decide whether serious crimes, including sexual assault cases, go to trial.
The AP analysis found the handling of allegations verged on the chaotic, with seemingly strong cases often reduced to lesser charges. In two rape cases, commanders overruled recommendations to court-martial and dropped the charges instead.
Even when military authorities agreed a crime had been committed, the suspect was unlikely to serve time.
Nearly two-thirds of 244 service members whose punishments were detailed in the records were not incarcerated. Instead they were fined, demoted, restricted to their bases or removed from the military. In more than 30 cases, a letter of reprimand was the only punishment.
Among the other findings:
-The Marines were far more likely than other branches to send offenders to prison, with 53 prison sentences out of 270 cases. By contrast, of the Navy’s 203 cases, more than 70 were court-martialed or punished in some way. Only 15 were sentenced to time behind bars.
-The Air Force was the most lenient. Of 124 sex crimes, the only punishment for 21 offenders was a letter of reprimand.
-Victims increasingly declined to cooperate with investigators or recanted, a sign they may have been losing confidence in the system. In 2006, the Naval Criminal Investigative Service, which handles the Navy and Marine Corps, reported 13 such cases; in 2012, it was 28.
Taken together, the sex crime cases from Japan, home to the largest number of U.S. military personnel based overseas, illustrate how far military leaders have to go to reverse a spiraling number of sexual assault reports.
In one case, a woman alleged that a sailor raped her. Later, she confronted him in a recorded conversation. She accused him of pushing her down “for sex purposes,” after which he apologized for hurting her “in that way.”
An Article 32 hearing, the military’s version of a grand jury, recommended a court-martial on rape charges, but the commanding officer said no. The charges were dropped.