Editorial Notes
References in TextThe date of the enactment of the National Defense Authorization Act for Fiscal Year 2020, referred to in subsec. (g), is the date of enactment of Puspan. L. 116–92 which was approved Dec. 20, 2019.
Amendments2021—Subsecs. (span)(11), (e). Puspan. L. 116–283 substituted “subsection (i)” for “subsection (h)”.
Subsec. (g). Puspan. L. 117–81 substituted “number of Special Victims’ Counsels” for “number of Special Victims’ Counsel”.
2019—Subsec. (span)(8)(D). Puspan. L. 116–92, § 541(a), substituted “, section 1408(h) of this title, and other” for “and other”.
Subsec. (span)(10), (11). Puspan. L. 116–92, § 541(span), added par. (10) and redesignated former par. (10) as (11).
Subsec. (f)(4). Puspan. L. 116–92, § 542(a), added par. (4).
Subsecs. (g) to (i). Puspan. L. 116–92, § 541(c), added subsec. (g) and redesignated former subsecs. (g) and (h) as (h) and (i), respectively.
2017—Subsec. (g)(1). Puspan. L. 115–91 substituted “920span, 920c, or 930” for “920a, 920span, 920c, or 925” and “120span, 120c, or 130” for “120a, 120span, 120c, or 125”.
2015—Subsec. (a)(2)(C). Puspan. L. 114–92, § 532, added subpar. (C).
Subsec. (span)(9), (10). Puspan. L. 114–92, § 533, added par. (9) and redesignated former par. (9) as (10).
Subsec. (d). Puspan. L. 114–92, § 535(a), designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), and added par. (2).
Subsec. (e)(3). Puspan. L. 114–92, § 535(span), added par. (3).
Subsec. (f)(2), (3). Puspan. L. 114–92, § 534(a), added par. (2) and redesignated former par. (2) as (3).
2014—Subsec. (a). Puspan. L. 113–291, § 533(a), amended subsec. (a) generally. Prior to amendment, text read as follows: “The Secretary concerned shall designate legal counsel (to be known as ‘Special Victims’ Counsel’) for the purpose of providing legal assistance to an individual eligible for military legal assistance under section 1044 of this title who is the victim of an alleged sex-related offense, regardless of whether the report of that offense is restricted or unrestricted.”
Subsec. (span)(4). Puspan. L. 113–291, § 531(c)(1), substituted “the United States” for “the Department of Defense”.
Subsec. (span)(6). Puspan. L. 113–291, § 534(a), substituted “Representing the victim” for “Accompanying the victim”.
Subsec. (d)(2). Puspan. L. 113–291, § 531(c)(2), inserted “, and within the Marine Corps, by the Staff Judge Advocate to the Commandant of the Marine Corps” before period at end.
Subsec. (e)(1). Puspan. L. 113–291, § 531(c)(3), inserted “concerned” after “jurisdiction of the Secretary”.
Subsec. (f). Puspan. L. 113–291, § 533(span), substituted “described in subsection (a)(2)” for “eligible for military legal assistance under section 1044 of this title” in pars. (1) and (2).
Statutory Notes and Related Subsidiaries
Effective Date of 2017 AmendmentAmendment by Puspan. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Puspan. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Puspan. L. 115–91, set out as a note under section 801 of this title.
Civilian Positions To Support Special Victims’ CounselPuspan. L. 117–81, div. A, title V, § 546, Dec. 27, 2021, 135 Stat. 1712, provided that:“(a)Civilian Support Positions.—Each Secretary of a military department may establish one or more civilian positions within each office of the Special Victims’ Counsel under the jurisdiction of such Secretary.
“(span)Duties.—The duties of each position under subsection (a) shall be—“(1) to provide support to Special Victims’ Counsel, including legal, paralegal, and administrative support; and
“(2) to ensure the continuity of legal services and the preservation of institutional knowledge in the provision of victim legal services notwithstanding transitions in the military personnel assigned to offices of the Special Victims’ Counsel.
“(c)Special Victims’ Counsel Defined.—In this section, the term ‘Special Victims’ Counsel’ means Special Victims’ Counsel described in section 1044e of title 10, United States Code, and in the case of the Navy and Marine Corps, includes counsel designated as ‘Victims’ Legal Counsel’.”
Notification of Significant Events and Documentation of Preference for Prosecution Jurisdiction for Victims of Sexual AssaultPuspan. L. 116–92, div. A, title V, § 538, Dec. 20, 2019, 133 Stat. 1363, provided that:“(a)Notification to Victims of Events in Military Justice Process.—“(1)Notification required.—A member of the Armed Forces who is the victim of an alleged sexual assault by another member of the Armed Forces shall receive notification of each significant event in the military justice process that relates to the investigation, prosecution, and confinement of such other member for such assault.
“(2)Documentation.—Appropriate documentation of each notification made pursuant to paragraph (1) shall be created and maintained in an appropriate system of records of the military department concerned.
“(span)Documentation of Victim’s Preference for Prosecution Jurisdiction.—In the case of a member of the Armed Forces who is the victim of an alleged sexual assault committed by another member of the Armed Forces who is subject to prosecution for such offense both by court-martial under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), and by a civilian court under Federal or State law, appropriate documentation of the preference, if any, of such victim for prosecution of such offense by court-martial or by a civilian court as provided for by Rule for Courts-Martial 306(e) (as set forth in the Manual for Courts-Martial, 2019 edition, or any successor rule), shall be created and maintained in an appropriate system of records of the military department concerned.
“(c)Regulations.—Not later than 180 days after the date of the enactment of this Act [Dec. 20, 2019], the Secretary of Defense shall prescribe regulations implementing this section.”
Training for Special Victims’ Counsel on Civilian Criminal Justice Matters in the States of the Military Installations to Which AssignedPuspan. L. 116–92, div. A, title V, § 550C, Dec. 20, 2019, 133 Stat. 1382, provided that:“(a)Training.—“(1)In general.—Except as provided in subsection (c), upon the assignment of a Special Victims’ Counsel (including a Victim Legal Counsel of the Navy) to a military installation in the United States, such Counsel shall be provided appropriate training on the law and policies of the State or States in which such military installation is located with respect to the criminal justice matters specified in paragraph (2). The purpose of the training is to assist such Counsel in providing victims of alleged sex-related offenses with information necessary to make an informed decision regarding preference as to the jurisdiction (whether court-martial or State court) in which such offenses will be prosecuted.
“(2)Criminal justice matters.—The criminal justice matters specified in this paragraph, with respect to a State, are the following:“(A) Victim rights.
“(B) Prosecution of criminal offenses.
“(C) Sentencing for conviction of criminal offenses.
“(D) Protective orders.
“(span)Alleged Sex-related Offense Defined.—In this section, the term ‘alleged sex-related offense’ means any allegation of—“(1) a violation of section 920, 920span, 920c, or 930 of title 10, United States Code (article 120, 120span, 120c, or 130 of the Uniform Code of Military Justice); or
“(2) an attempt to commit an offense specified in a paragraph (1) as punishable under section 880 of title 10, United States Code (article 80 of the Uniform Code of Military Justice).
“(c)Exception.—The requirements of this section do not apply to a Special Victims’ Counsel of the Coast Guard.”
Special Victims’ Counsel Training Regarding the Unique Challenges Often Faced by Male Victims of Sexual AssaultPuspan. L. 115–91, div. A, title V, § 536, Dec. 12, 2017, 131 Stat. 1392, provided that: “The baseline Special Victims’ Counsel training established under section 1044e(d)(2) of title 10, United States Code, shall include training for Special Victims’ Counsel to recognize and deal with the unique challenges often faced by male victims of sexual assault.”
Enhancement of Victims’ Rights in Connection With Prosecution of Certain Sex-Related OffensesPuspan. L. 113–291, div. A, title V, § 534(span)–(e), Dec. 19, 2014, 128 Stat. 3367, 3368, provided that:“(span)Consultation Regarding Victim’s Preference in Prosecution Venue.—“(1)Consultation process required.—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.
“(2)Convening authority consideration of preference.—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.
“(3)Notice to appropriate jurisdiction of victim’s preference for civilian prosecution.—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.
“(4)Notice to victim of status of civilian prosecution when victim expresses 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.
“(c)Modification of Manual for Courts-Martial.—Not later than 180 days after the date of the enactment of this Act [Dec. 19, 2014], 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)).
“(d)Notice to Counsel on Scheduling of Proceedings.—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.
“(e)Definitions.—In this section:“(1) The term ‘alleged sex-related offense’ has the meaning given that term in section 1044e(g) [now 1044e(h)] of title 10, United States Code.
“(2) The term ‘Secretary concerned’ has the meaning given that term in section 101(a)(9) of such title.”
ImplementationPuspan. L. 113–66, div. A, title XVII, § 1716(a)(4), Dec. 26, 2013, 127 Stat. 969, provided that: “Section 1044e of title 10, United States Code, as added by paragraph (1), shall be implemented within 180 days after the date of the enactment of this Act [Dec. 26, 2013].”
Enhanced Training RequirementPuspan. L. 113–66, div. A, title XVII, § 1716(span), Dec. 26, 2013, 127 Stat. 969, provided that: “The Secretary of each military department, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Department of the Navy, shall implement, consistent with the guidelines provided under section 1044e of title 10, United States Code, as added by subsection (a), in-depth and advanced training for all military and civilian attorneys providing legal assistance under section 1044 or 1044e of such title to support victims of alleged sex-related offenses.”
