Prosecuting Military Sexual Assault: The Entanglement of Military Discourse and Victim Stereotypes in Prosecutor Case Strategies

Abstract

High rates of sexual assault within the United States Armed Forces have led to several initiatives designed to combat sexual violence and increase prosecution of perpetrators. While scholars argue that the military’s hypermasculine culture contributes to high rates of victimization, less is known about how this culture impacts each case within the military justice system. Using in-depth interviews, we explore how military prosecutors develop strategies to navigate this uniquely gendered terrain as it intersects with victim stereotypes. Findings suggest that prosecutors invoke military discourse to combat rape myths but are constrained by gendered assumptions of the ideal servicemember.