Delve into Ben's experiences prosecuting sexual assault cases in the military, focusing particularly on the high-profile case of Lieutenant Colonel James Wilkerson, whose conviction was controversially overturned by the convening authority. The conversation addresses the impact of the Wilkerson case, subsequent changes to the military justice system, and the ongoing challenges and needed reforms for handling sexual assault cases within the military. Key topics include victim testimony and corroboration, investigative process issues, the necessity for specialized prosecutors, and the importance of leadership accountability. Ben also reflects on his career journey from joining the Air Force post-9/11 to his transition into private practice, where he continues to advocate for victims of sexual assault and harassment.
About Ben Beliles
Ben is a former Air Force JAG officer with over 15 years of experience in complex criminal prosecution, civil litigation, and advocacy for victims of sexual assault and harassment. He served as a senior trial counsel for the Special Victims Unit and played a pivotal role in the high-profile Lieutenant Colonel James Wilkerson case. After his tenure in the Air Force, Ben transitioned to private practice, representing military clients and handling cases related to sexual harassment, sex crimes, and domestic abuse. His commitment to justice and reform within the military justice system continues to drive his work today.
Discussion Points
✔️ Ben discusses his decision to join the Air Force after 9/11 and his early experiences as a JAG officer prosecuting sexual assault cases in various locations.
✔️ Details of the Wilkerson case, where Wilkerson's conviction was overturned, leading to significant changes in the military justice system.
✔️ Positive changes such as the establishment of victims' legal counsel and the removal of the "good military character" defense, along with ongoing issues and the need for further reforms.
✔️ Ben's career shift post-Wilkerson case, focusing on his work in private practice representing military clients and handling cases related to sexual harassment and domestic abuse.
✔️ Discussion on persistent challenges within the military justice system and potential reforms, including the need for specialized prosecutors and independent investigations.
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🎯 Action Items
1. Celebrate Positive Changes: Acknowledge and celebrate the positive changes in the military justice system, such as the establishment of victims' legal counsel and the removal of convening authorities' power to overturn sexual assault convictions.
2. Advocate for Implementation: Push for the full implementation of reforms that have been made on paper but not fully realized in practice.
3. Specialized Prosecutors: Advocate for the establishment of specialized prosecutors who can develop expertise in handling sexual assault cases, reducing the frequent rotation of personnel.
4. Leadership Accountability: Encourage leadership within the Department of Defense to acknowledge and address issues in the military justice system, as significant change often requires high-level attention and accountability.
5. Conflict Mediation Processes: Explore the introduction of conflict mediation processes or organizational psychologists to address lower-level conflicts before they escalate to formal complaints.
6. Independent Investigations: Support efforts to establish independent investigative processes outside the chain of command to ensure impartiality and address concerns about conflicts of interest.
7. Utilize Advocacy Resources: Utilize resources and advocacy organizations, such as Protect Our Defenders and Don't Punish Pain, to assist victims and individuals navigating the military justice system.
Resources
This comprehensive interview sheds light on the complexities and ongoing challenges within the military justice system, emphasizing the need for continued advocacy and reform to better support victims of sexual assault and harassment.
