Colonel Found Guilty of Sexual Harassment in Trial Seen as a Milestone
The New York Times
The conviction is considered one of the first of its kind since Congress required the military to change how its legal system addresses sexual assault and harassment.
A former Army battalion commander has been found guilty in a military court of sexually harassing a subordinate, one of the first cases of its kind brought after an overhaul of the military’s legal system that established sexual harassment as a criminal offense.
The officer, Lt. Col. Herman West of Joint Base Lewis-McChord in Washington State, was accused of repeatedly sexually harassing a female officer in his command, making unwanted comments and touching her inappropriately. He faced additional charges over his treatment of other female officers at the base.
A court-martial judge on Friday found him guilty of sexual harassment, conduct unbecoming of an officer and maltreatment. Colonel West, who had been removed from his leadership role in the battalion as a result of the case, was fined over $92,000 and received a written reprimand in his personnel file. The conviction is considered to be a felony-level offense.
According to court documents, Colonel West used sexually suggestive language when talking with the officer in his command. The documents also said that he had unbuttoned his pants in front of her, in addition to the inappropriate touching.
During a Friday afternoon sentencing hearing, Colonel West apologized to the victims. According to a local television station in Washington, he looked directly at the female officer at the center of the case and said, “My actions were despicable.” He added, “You’ve done nothing wrong.” The woman’s name has not been publicly released.
Criminalizing sexual harassment in the military was part of a broader set of changes mandated by a bipartisan law passed by Congress in 2021, the largest overhaul in generations of the Uniform Code of Military Justice. (Previously, the military’s legal system did not specifically include sexual harassment as an offense, and prosecutors had to rely on other misconduct charges to bring criminal cases.) The changes also stripped commanders’ authority to decide whether to pursue charges in sexual abuse cases and other serious crimes, transferring that responsibility to specialized prosecutors.
