Misc Pub 27-8 Legal Handbook Commander’s 2019


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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17
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101
C. Special Victim Counsel Program
A Special Victim Counsel (SVC) is a legal assistance attorney who may represent, counsel, and advise victims of rape, sexual assault, aggravated and abusive sexual contact (Article 120); rape and sexual assault of a child (Article b indecent viewing, recording and broadcasting, forcible pandering, indecent exposure (Article c stalking (Article 130 as exception to policy) and attempts thereof under Article 80 of the Uniform Code of Military Justice. Eligibility fora SVC is tied to 10 USC §1044 eligibility for legal assistance. Victims who make either a restricted or unrestricted report of any of the aforementioned crimes must be offered the services of a SVC upon report to a Sexual Assault Response Coordinator (SARC), Victim Advocate (VA, Military Criminal Investigative Office, Victim Witness Liaison, Trial Counselor healthcare personnel. Trial counsel and CID must notify the victim of their right to an SVC before taking a statement or beginning an interview
Special Victim Counsel provide the following legal services to victims:
• Legal consultation regarding the Victim Witness Assistance Program Legal consultation regarding responsibilities and support provided by the SARC and VA, including Military Rule of Evidence 514.
• Legal consultation regarding potential for civil litigation against parties other than the Department of Defense Legal consultation regarding collateral misconduct and the victim’s right to seek defense counsel Legal consultation regarding the military justice system Accompanying the victim at any proceedings in connection with the reporting, military investigation, and military prosecution of the offense Legal consultation regarding eligibility and requirements for services available for medical and mental health services Legal consultation and assistance in personal civil legal matters Legal consultation regarding any proceedings of the military justice process in which a victim can participate as a witness or other party, in Military Protective Orders and Civilian Protective Orders, in understanding and obtaining any military and veteran benefits, such as transitional compensation Other legal assistance as the Secretary of Defense authorizes of the relationship between a SVC and client.

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