Sec. 545. Additional enhancements of military department actions on sexual assault prevention and response

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In addition to any duties authorized by section 1044e of title 10, United States Code, a Special Victims’ Counsel designated under subsection

(a)of such section shall provide advice to victims of sexual assault on the advantages and disadvantages of prosecution of the offense concerned by court-martial or by a civilian court with jurisdiction over the offense before such victims express their preference as to the prosecution of the offense under subsection (b). The Secretaries of the military departments shall each establish a process to ensure consultation with the victim of a covered sexual offense that occurs in the United States with respect to the victim's preference as to whether the offense should be prosecuted by court-martial or by a civilian court with jurisdiction over the offense. The preference expressed by a victim under paragraph

(1)with respect to the prosecution of an offense, while not binding, should be considered in the determination whether to prosecute the offense by court-martial or by a civilian court. In the event a victim expresses a preference under paragraph

(1)in favor of prosecution of an offense by civilian court and the civilian authorities determine to decline prosecution, or defer to prosecution by court-martial, the victim shall be promptly notified of that determination. The Secretaries of the military departments shall each ensure that the written performance appraisals of members of the Armed Forces (whether officers or enlisted members) under the jurisdiction of such Secretary include an assessment of the extent to which each such member supports the sexual assault prevention and response program of the Armed Force concerned. The Secretaries of the military departments shall each ensure that the performance appraisals of commanding officers under the jurisdiction of such Secretary indicate the extent to which each such commanding officer has or has not established a command climate in which— allegations of sexual assault would be properly managed and fairly evaluated; and a victim can report criminal activity, including sexual assault, without fear of retaliation, including ostracism and group pressure from other members of the command. Section 1743(c)(1) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 979; 10 U.S.C. 1561 note) is amended by inserting at the end the following new subparagraph: A review of the most recent climate assessment conducted pursuant to section 572(a)(3) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1754) for the command or unit of the suspect and the command or unit of the victim, and an assessment of whether another such climate assessment should be conducted. . The Secretaries of the military departments shall each establish a confidential process, through boards for the correction of military records of the military department concerned, by which an individual who was the victim of a covered sexual offense during service in the Armed Forces may challenge, on the basis of being the victim of such an offense, the terms or characterization of the individual's discharge or separation from the Armed Forces. In deciding whether to modify the terms or characterization of an individual's discharge or separation pursuant to the process required by paragraph (1), the Secretary of the military department concerned shall instruct boards to give due consideration to the psychological and physical aspects of the individual’s experience in connection with the offense concerned, and to determine what bearing such experience may have had on the circumstances surrounding the individual's discharge or separation from the Armed Forces. Documents considered and decisions rendered pursuant to the process required by paragraph

(1)shall not be made available to the public, except with the consent of the individual concerned. In subsections

(a)through (e), the term covered sexual offense means any of the following: Rape or sexual assault under subsection

(a)or

(b)of section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice). Forcible sodomy under section 925 of such title (article 125 of the Uniform Code of Military Justice). An attempt to commit an offense specified in paragraph

(1)or

(2)as punishable under section 880 of such title (article 80 of the Uniform Code of Military Justice). Not later than 180 days after the date of the enactment of this Act, Rule 404(a) of the Military Rules of Evidence shall be amended to provide that the general military character of an accused is not admissible for the purpose of showing the probability of innocence of the accused for an offense specified in paragraph (2). An offense specified in this paragraph is an offense as follows: An offense under sections 920 through 923a of title 10, United States Code (articles 120 through 123a of the Uniform Code of Military Justice). An offense under sections 925 through 927 of such title (articles 125 through 127 of the Uniform Code of Military Justice). An offense under sections 929 through 932 of such title (articles 129 through 132 of the Uniform Code of Military Justice). Any other offense under chapter 47 of such title (the Uniform Code of Military Justice) in which evidence of the general military character of the accused is not relevant to an element of an offense for which the accused has been charged. An attempt to commit an offense specified in subparagraph (A), (B), (C), or

(D)as punishable under section 880 of such title (article 80 of the Uniform Code of Military Justice). A conspiracy to commit an offense specified in subparagraph (A), (B), (C), or

(D)as punishable under section 881 of such title (article 81 of the Uniform Code of Military Justice).

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