Sec. 534. Enhancement of victims' rights in connection with prosecution of certain sex-related offenses
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Section 1044e(b)(6) of title 10, United States Code, is amended by striking Accompanying the victim and inserting Representing the victim . The Secretary of Defense shall establish a process to ensure consultation with the victim of an alleged sex-related offense that occurs in the United States to solicit the victim's preference regarding whether the offense should be prosecuted by court-martial or in a civilian court with jurisdiction over the offense. The preference expressed by the victim of an alleged sex-related offense under paragraph
(1)regarding the prosecution of the offense, while not binding, should be considered by the convening authority in making the determination regarding whether to refer the charge or specification for the offense to a court-martial for trial. If the victim of an alleged sex-related offense expresses a preference under paragraph
(1)for prosecution of the offense in a civilian court, the convening authority described in paragraph
(2)shall ensure that the civilian authority with jurisdiction over the offense is notified of the victim’s preference for civilian prosecution. Following notification of the civilian authority with jurisdiction over an alleged sex-related offense of the preference of the victim of the offense for prosecution of the offense in a civilian court, the convening authority shall be responsible for notifying the victim if the convening authority learns of any decision by the civilian authority to prosecute or not prosecute the offence in a civilian court. Not later than 180 days after the date of the enactment of this Act, Part III of the Manual for Courts-Martial shall be modified to provide that when a victim of an alleged sex-related offense has a right to be heard in connection with the prosecution of the alleged sex-related such offense, the victim may exercise that right through counsel, including through a Special Victims' Counsel under section 1044e of title 10, United States Code (as amended by subsection (a)). The Secretary concerned shall establish policies and procedures designed to ensure that any counsel of the victim of an alleged sex-related offense, including a Special Victims' Counsel under section 1044e of title 10, United States Code (as amended by subsection (a)), is provided prompt and adequate notice of the scheduling of any hearing, trial, or other proceeding in connection with the prosecution of such offense in order to permit such counsel the opportunity to prepare for such proceeding. In this section: The term alleged sex-related offense has the meaning given that term in section 1044e(g) of title 10, United States Code. The term Secretary concerned has the meaning given that term in section 101(a)(9) of such title.