There are many reports documenting violence by U.S. military personnel against women in a host country during times of peace, which often are resolved within the internal U.S. military adjudicatory process. A successful U.S. military prosecution for crimes of sexual violence, however, is difficult for a victimized woman from a host country to obtain. Foreign women with claims against U.S. military personnel not only are excluded from any participation in determining the adjudicatory forum, but then are limited to recourse within an unfamiliar U.S. military court system. Non-judicial punishments are typically verbal admonishments, demotions in rank, or forfeitures in pay. First, the status of U.S. military proceedings and the records of accused servicemen are not readily available, making transparency an additional hurdle that victims must overcome to raise a successful claim.
Transparency refers to the clarity and accessibility of the procedures and outcomes of the system.
The lack of transparency in U.S. military proceedings undermines victims' confidence in the system. In fact, the UCMJ does not prescribe where categories of offenses fall within the military justice structure. To the contrary, the UCMJ is arranged by the type of disciplinary action that may be ordered. Only if the commanding officer considers more than 30 days incarceration to be the appropriate punishment for the alleged crime will the case be referred to a court-martial. The amount of discretionary authority left to the accused 's commanding officer, therefore, highlights a judicial system where it is possible that servicemen guilty of serious crimes, such as rape, will receive non-judicial punishments.