Sec. 539. Special Victims' Counsel for victims of sexual assault committed by members of the Armed Forces
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Not later than 180 days after the date of the enactment of this Act, the Secretaries of the military departments shall each implement a program on the provision of a Special Victims' Counsel to members of the Armed Forces, and dependents of members, who are victims of a sexual assault committed by a member of the Armed Forces. An individual may not be designated as a Special Victims' Counsel under this subsection unless the individual is— a judge advocate who is a graduate of an accredited law school or is a member of the bar of a Federal court or the highest court of a State; and certified as competent to be designated as a Special Victims' Counsel by the Judge Advocate General of the Armed Force of which the individual is a member.
Subject to subparagraph (C), the duties of a Special Victims' Counsel shall include the provision of legal advice and assistance to a victim described in paragraph
(1)in connection with criminal and civil legal matters related to the sexual assault committed against the victim, including the following: Legal advice and assistance regarding any potential criminal liability of the victim. Legal advice and assistance regarding the victim’s responsibility to testify, and other duties to the court. Legal advice regarding the potential for civil litigation against other parties (other than the Department of Defense). Legal advice regarding any proceedings of the military justice process which the victim may observe. Legal advice and assistance regarding any proceeding of the military justice process in which the victim may participate as a witness or other party. Legal advice and assistance regarding available military or civilian restraining or protective orders. Legal advice and assistance regarding available military and veteran benefits. Legal assistance in personal civil legal matters in connection with the sexual assault in accordance with section 1044 of title 10, United States Code. Such other legal advice and assistance as the Secretary of the military department concerned shall specify for purposes of the program implemented under this subsection. The relationship between a Special Victims' Counsel and a victim in the provision of legal advice and assistance shall be the relationship between an attorney and client. Section 1565b of title 10, United States Code, is amended— by redesignating subsection
(b)as subsection (c); and by inserting after subsection
(a)the following new subsection (b): A member of the armed forces, or a dependent of a member, who is the victim of a sexual assault described in paragraph
(2)may be provided assistance by a Special Victims' Counsel. A sexual assault described in this paragraph is any offense if alleged to have been committed by a member of the armed forces as follows: Rape or sexual assault under section 920 of this title (article 120 of the Uniform Code of Military Justice). An attempt to commit an offense specified in subparagraph
(A)as punishable under section 880 of this title (article 80 of the Uniform Code of Military Justice). A member of the armed forces or dependent who is the victim of sexual assault described in paragraph
(2)shall be informed of the availability of assistance under paragraph
(1)as soon as the member or dependent seeks assistance from a Sexual Assault Response Coordinator, a Sexual Assault Victim Advocate, a military criminal investigator, a victim/witness liaison, a trial counsel, health care providers, or any other personnel designated by the Secretary of the military department concerned for purposes of this paragraph. The member or dependent shall also be informed that the assistance of a Special Victims' Counsel under paragraph
(1)is optional and may be declined, in whole or in part, at any time. Assistance of a Special Victims' Counsel under paragraph
(1)shall be available to a member or dependent regardless of whether the member or dependent elects unrestricted or restricted (confidential) reporting of the sexual assault. . Subsection
(c)of such section, as redesignated by paragraph (1)(A) of this subsection, is further amended in paragraph (2)— by redesignating subparagraph
(C)as subparagraph (D); and by inserting after subparagraph
(B)the following new subparagraph (C): A Special Victims' Counsel. . Subsection
(a)of such section is amended— in paragraph (1), by striking may and inserting shall, upon request, ; and in paragraph (2)— by inserting a Special Victims' Counsel, after a Sexual Assault Victim Advocate, ; and by striking or a trial counsel and inserting a trial counsel, health care providers, or any other personnel designated by the Secretary of the military department concerned for purposes of this paragraph . The heading of such section is amended to read as follows: . The table of sections at the beginning of chapter 80 of such title is amended by striking the item relating to section 1565b and inserting the following new item: 1565b. Victims of sexual assault: access to legal assistance and services of Sexual Assault Coordinators, Sexual Assault Victim Advocates, and Special Victims' Counsels. .