Continued from page 1

“A sentence doesn’t take away any of the pain and anguish that she has endured,” Barnett said.

The Associated Press generally does not identify those who say they were sexually assaulted.

Experts in military law agreed the sentence was lenient.

“I can’t believe it,” said retired Lt. Col. Gary D. Solis, a former military judge who now teaches law at West Point and Georgetown University. Solis said Sinclair “is an individual who should not be a general officer. He should have gone to jail and dismissed from the Army.”

Still, retired Maj. Gen. Walt Huffman, a Texas Tech University law professor who served as the Army’s top lawyer, said: “His career is being terminated. That much is for sure. He’s being fired for all practical purposes.”

If Sinclair had not announced his retirement, an Army disciplinary board would have almost certainly forced him into it. Now the board will decide whether to demote him, which could cost him hundreds of thousands of dollars in benefits during his retirement. Sinclair made about $145,000 a year in base pay.

Prosecutors had argued that the judge should throw Sinclair out of the Army and strip him of his benefits, while the defense said that would harm his wife and their two sons the most. Prosecutors did not ask the judge to send Sinclair to jail.

Greg Jacob of the Service Women’s Action Network said the case demonstrates the need for legislation that would strip commanders of the authority to prosecute cases and give that power to seasoned military lawyers. The bill, backed by Sen. Kirsten, D-N.Y., was defeated in the Senate earlier this month.

Gillibrand is expected to renew her effort to change military law this spring.

“This case has illustrated a military justice system in dire need of independence from the chain of command,” she said in a statement.

A spokeswoman for Sen. Claire McCaskill, D-Mo., who fought the bill, said the case reinforced her side of the argument.

“One of its lessons highlights what we already know - that commanders are often more aggressive than prosecutors in pursuing prosecutions and vetting these cases,” Sarah Feldman said.

In another high-profile case Thursday, a military judge in Washington found former Naval Academy football player Joshua Tate not guilty of sexual assault. Three midshipmen were originally charged, but only one was court-martialed.

Prosecutors said the alleged victim was too drunk to consent to sex. She testified she didn’t remember much about that night.

___

Story Continues →