A former Army battalion commander has been found guilty in a military court of sexually harassing a subordinate, marking one of the first cases of its kind following a significant overhaul of the military’s legal system that established sexual harassment as a criminal offense.
Lt. Col. Herman West, stationed at Joint Base Lewis-McChord in Washington State, was accused of repeatedly sexually harassing a female officer under his command, which included making unwanted comments and engaging in inappropriate touching. He faced additional charges regarding his treatment of other female officers at the base.
A court-martial judge found him guilty of sexual harassment, conduct unbecoming of an officer, and maltreatment. As a result of the case, Colonel West was removed from his leadership role and was fined over $92,000, in addition to receiving a written reprimand in his personnel file. The conviction is classified as a felony-level offense.
According to court documents, Colonel West used sexually suggestive language when communicating with the officer and had unbuttoned his pants in her presence, alongside the inappropriate touching.
During the sentencing hearing, Colonel West expressed remorse to the victims, stating, “My actions were despicable,” and added, “You’ve done nothing wrong,” while addressing the female officer at the center of the case. Her name has not been publicly disclosed.
The criminalization of sexual harassment in the military was part of a broader legislative change mandated by a bipartisan law passed by Congress in 2021, representing the largest overhaul of the Uniform Code of Military Justice in generations. Previously, the military’s legal framework did not specifically categorize sexual harassment as an offense, compelling prosecutors to rely on other misconduct charges. The reforms also transferred the authority to pursue charges in sexual abuse cases from commanders to specialized prosecutors.
These changes concluded nearly two decades of advocacy by female lawmakers and survivors’ groups aimed at addressing the widespread issues of assault and harassment within the military. A recent Department of Defense report indicated that approximately 7 percent of active-duty women experienced unwanted sexual contact, while about a quarter reported sexual harassment in the preceding year.
The movement for reform gained traction following the murder of Vanessa Guillén, a 20-year-old Army specialist at Fort Cavazos in Texas, who was killed after attempting to report sexual harassment by another soldier.
Ryan Guilds, an attorney for the women involved in the case against Colonel West, stated that the verdict sends a strong message about the seriousness of sexual harassment as a crime that undermines the Army’s core values. However, he noted that the conviction could not reverse the harm inflicted on the women and their careers.
In contrast, Jason Wareham, representing Colonel West, argued that the punishment was excessive and suggested that the case was escalated to a general court-martial due to his client’s race. He stated, “I think it’s trauma on all sides,” and remarked that the conviction would be treated as a human resources-level offense in the civilian sector.
When asked about the racial implications of the case, Mr. Guilds acknowledged the need for the military and society to confront issues of race and the equitable application of the law, but emphasized that responsibility for the crimes and conviction ultimately lies with Lt. Col. West.
Mr. Wareham indicated that Colonel West intends to leave the Army following the conviction.
Advocacy groups focused on ending sexual violence in the military hailed the verdict as a “critical milestone,” noting that it was one of the first cases prosecuted under the updated military justice code.
Elisa Cardnell, president of the Service Women’s Action Network, remarked that the 2021 law revisions are challenging the prevailing culture of tolerance towards sexual misconduct. She stated, “Sexual assault and harassment does a disservice to everyone in the military,” and expressed hope that the mindset that no one is above the law would help prevent future incidents.