Sen. Mazie Hirono, a member of the Senate Armed Services Committee, today backed a measure that would take decisions of prosecuting sexual assaults in the military out of the chain of command.

In so doing, she backed Sen. Kristen Gillibrand in a high-profile policy fight between the New York senator, Sen. Carl Levin, D-MI., and military brass. Levin had struck Gillibrand’s measure from the Senate’s version of the defense funding authorization bill and proposed his own measure, which would leave prosecution decisions within the chain of command.

As The Hill reports, instead of creating a special prosecutor as Gillibrand proposed, Levin’s provision would require any decision by a commander not to prosecute a sexual assault case be reviewed by the next highest level in the chain of command. Military leaders had opposed taking the decisions out of the chain of command.

Gillibrand’s measure failed in committee despite Hirono’s support. Afterwards, she expressed “disappointment” in a statement. “ During our Senate Armed Services Committee hearings, I have heard heartbreaking stories from survivors like Rebekah Havrilla who shared how commanders took no action even after her perpetrator admitted his crime. Men and women in Rebekah’s situation deserve the opportunity to report their attacks without fear of retaliation and to face a fair military justice system,” she said.

— Kery Murakami