WASHINGTON — For the first time in a generation, Congress is on the brink of passing a major overhaul to how the military handles sexual assaults and a slew of other criminal offenses. Although many lawmakers say the reforms do not go far enough, the changes are being hailed as a victory for the Houston family of Army Spc. Vanessa Guillen, whose killing at Fort Hood highlighted the problems of harassment in the military and retaliation against those who file complaints.

What You Need To Know

  • Vanessa Guillen's death in 2020 sparked national outrage across the country over the military’s handling of sexual misconduct

  • A U.S. Army investigation found the 20-year-old was sexually harassed and retaliated against

  • The National Defense Authorization Act includes provisions that would criminalize sexual harassment and require an independent investigation outside of the chain of command

  • There is a bipartisan group of lawmakers that believes the measures do not go far enough

Guillen's 2020 killing sparked national outrage across the country over the military’s handling of sexual misconduct. A U.S. Army investigation found the 20-year-old was sexually harassed and retaliated against. Sweeping changes under the massive defense bill in Congress takes steps to address the long-sought calls for reform. Guillen's family petitioned Congress for over a year to act and their lawyers said they were ecstatic to hear the changes were closer to becoming law.

"When Vanessa Guillen tragically was murdered, after being sexually harassed, everyone came out, they all said, 'This is me too. I am Vanessa Guillen. This is what I experienced. This is my daughter's experience,'" said Tampa-based attorney Natalie Khawam, who represents the Guillen family. "We realized Vanessa's situation was not unique, Vanessa's situation was quite honestly popular, and that's not fair. When our soldiers sign up to join the military, they're willing to sign up and take a bullet for our country."

The National Defense Authorization Act includes provisions that would criminalize sexual harassment and require an independent investigation outside of the chain of command. It also would strip military commanders of their authority to prosecute service members for certain crimes. Under the bill, an independent prosecutor would decide whether to bring charges involving 11 different crimes including sexual assault, rape, murder and kidnapping.

Ret. Col. Don Christensen, the former chief prosecutor of the United States Air Force, is now the president of Protect Our Defenders, an organization aimed at supporting survivors of military sexual assault.     

“What Vanessa's death showed is that there was a callousness within the chain of command. When she went missing, there was a callousness about her claims of sexual harassment. Then an independent investigation showed that there was a permissive environment at Fort Hood of sexual harassment, sexual assault," Christensen said. 

He called the military justice system "archaic" and noted that commanders are not lawyers, nor experts on serious crimes. 

"For survivors, they feel like they're not going to be given a fair shake. For those accused of crimes, they also have concerns because somebody that knows them and may have an opinion about them is making a decision," Christensen added. 

The bill would also require the Department of Defense to track allegations of retaliation of sexual assault and harassment, mandate an assessment of racial disparities and allow survivors to call a helpline to report crimes rather than doing so in-person.

There is a bipartisan group of lawmakers that believes the measures do not go far enough. They were hoping an additional two dozen criminal offenses would get independent prosecution. And they say commanders still have too much power by picking the jury or approving witnesses.

The Guillen family lives in U.S. Rep Sylvia Garcia’s district and she said while it was not everything lawmakers asked for, she will continue pushing.

"But for the tragic loss of Vanessa Guillen's life, it would not have heightened the issue to the national level that it did. It became a military 'me too' movement, if you will. The country was just shocked to hear of what happened to her," Garcia said."

"If you're not safe in a military base, well, then where are we safe? Hopefully, this will restore some trust, and some hope and direction so that the next little Vanessa again, when she's 10, or 12 years old, thinking that she wants to be in the Army, that she knows that it's an army she can trust," she added.

It was an emotional moment for the Guillen family who believes other service members will be safer. Khawam said the family feels humbled. 

"Her death had sparked ... a revolution in our military system," she said. “Vanessa's legacy was you could do it. You can change the system."