Protect Our Military Trainees Act

“(e) Sexual acts and sexual contact between certain military instructors and trainees

“(1) Enhanced sexual assault prohibition—A military instructor who commits a sexual act upon a member of the armed forces while the member is undergoing basic training (or its equivalent) or within 30 days after completing such training—

“(A) is guilty of sexual assault if the military instructor exercised any supervisory authority over the member during such training; and

“(B) shall be punished as a court-martial may direct.

“(2) Enhanced abusive sexual contact prohibition—A military instructor who commits or causes sexual contact upon or by a member of the armed forces while the member is undergoing basic training (or its equivalent) or within 30 days after completing such training—

“(A) is guilty of abusive sexual contact if the military instructor exercised any supervisory authority over the member during such training; and

“(B) shall be punished as a court-martial may direct.

“(3) Covered military instructors—This subsection applies with respect to the following members of the armed forces otherwise subject to this chapter:

“(A) Drill Sergeants in the Army.

“(B) Drill Instructors in the Marine Corps.

“(C) Recruit Division Commanders in the Navy.

“(D) Military Training instructors in the Air Force.

“(E) Company Commanders in the Coast Guard.

“(F) Such other members of the armed forces as the Secretary concerned may designate as having supervisory authority over new recruits undergoing basic training (or its equivalent).

“(4) Consent—Lack of consent is not an element and need not be proven in any prosecution under this subsection. Consent is not a defense for any conduct in issue in any prosecution under this subsection.”