Protect Our Military Trainees Act

To amend the Uniform Code of Military Justice to protect new members of the Armed Forces who are undergoing basic training from the sexual advances of the members of the Armed Forces responsible for their instruction. 1. Short title This Act may be cited as the Protect Our Military Trainees Act 2. Prohibition on sexual acts and sexual contact between certain military instructors and their trainees (a) Prohibition Section 920 (1) by redesignating subsections (e) through (g) as subsections (f) through (h); respectively; and (2) by inserting after subsection (d) the following new subsection (e): (e) Sexual acts and sexual contact between certain military instructors and trainees (1) Enhanced sexual assault prohibition A military instructor who commits a sexual act upon a member of the armed forces while the member is undergoing basic training (or its equivalent) or within 30 days after completing such training— (A) is guilty of sexual assault if the military instructor exercised any supervisory authority over the member during such training; and (B) shall be punished as a court-martial may direct. (2) Enhanced abusive sexual contact prohibition A military instructor who commits or causes sexual contact upon or by a member of the armed forces while the member is undergoing basic training (or its equivalent) or within 30 days after completing such training— (A) is guilty of abusive sexual contact if the military instructor exercised any supervisory authority over the member during such training; and (B) shall be punished as a court-martial may direct. (3) Covered military instructors This subsection applies with respect to the following members of the armed forces otherwise subject to this chapter: (A) Drill Sergeants in the Army. (B) Drill Instructors in the Marine Corps. (C) Recruit Division Commanders in the Navy. (D) Military Training instructors in the Air Force. (E) Company Commanders in the Coast Guard. (F) Such other members of the armed forces as the Secretary concerned may designate as having supervisory authority over new recruits undergoing basic training (or its equivalent). (4) Consent Lack of consent is not an element and need not be proven in any prosecution under this subsection. Consent is not a defense for any conduct in issue in any prosecution under this subsection. . (b) Cross references to definitions Chapter 47 of title 10, United States Code (the Uniform Code of Military Justice) is amended— (1) in section 920b(h)(1) (article 120b(h)(1)), by striking section 920(g) of this title (article 120(g)) section 920 of this title (article 120) (2) in section 920c(d)(1) (article 120c(d)(1)), by striking section 920(g) of this title (article 120(g))) section 920 of this title (article 120))

Summary: Protect Our Military Trainees Act - Amends the Uniform Code of Military Justice to establish sexual assault and abusive sexual contact offenses that prohibit covered military instructors from committing sexual acts upon, or causing sexual contact upon or by, members of the armed forces undergoing basic training if the military instructor exercised supervisory authority over the member. Requires violators to be punished as a court-martial may direct. Defines "covered military instructors" as drill sergeants in the Army, drill instructors in the Marine Corps, recruit division commanders in the Navy, military training instructors in the Air Force, company commanders in the Coast Guard, and such other members as the Secretary concerned may designate as having supervisory authority over new recruits undergoing basic training or its equivalent. Prohibits consent from being a defense in any such prosecution.