Misc Pub 27-8 Legal Handbook Commander’s 2019


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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17
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95
9. _____ Ask if the victim needs a support person to immediately join them. If the support person is a personal friend or family member, advise the victim this support person could later be called to testify as a witness if the case goes to trial. _____ Ask if the victim would like a chaplain to be notified and notify accordingly. _____ Make appropriate administrative and logistical coordination for movement of victim to receive care. (Involve minimum number of personnel possible on a need-to-know basis. _____ Ensure the victim is made aware of his/her options during each phase of the medical, investigative, and legal processes to include notification of the right to Special Victim Counsel. (Reference AR 600-20, AR 27-10, DoDI 6495.02, DoDI 1030.2)
13. _____ Ensure CID notifies victims and witnesses of their rights through a completed Victims and Witnesses of Crime form, DD Form 2701. (Reference AR 27–10).
14. _____ Inform the victim of the resources available through the Victim and Witness Assistance Program (VWAP) (AR 27–10). Also, inform the victim of resources accessible from anywhere in the world (that is, Military One Source (from US 1–800–464–8107; International 800–464– 81077; International collect 484–530–5889, 24-hours-a-day,
7-days-a-week)).
15. _____ To the extent practicable, strictly limit knowledge of the facts or details regarding the incident to only those personnel who have a legitimate need-to-know. Protect the victim’s privacy. _____ Take action to safeguard the victim from any formal or informal investigative interviews or inquiries, except those conducted by authorities who have a legitimate need-to-know, including but not limited to, the Criminal Investigation Command investigators) and the trial counsel. _____ Throughout the investigation, consult with the victim, and listen/engage in quiet support, as needed, and provide the victim appropriate emotional support resources.
18. _____ Continue to monitor the victim’s well-being, particularly if there are any indications of suicidal ideations.
19. _____ Determine the best courses of action for separating the victim and the alleged offender during the investigation Determine whether the victim desires to be transferred to another unit Determine if the alleged offender needs/desires to be transferred to another unit Consider whether a Military Protection Order (MPO) (DD Form 2873), referred to as no contact order is appropriate Coordinate with sexual assault response agencies and the chain of command (involve as few people as possible and only on a need to know basis, protecting the victim’s privacy) to determine if the victim’s condition warrants redeployment or reassignment until there is a final legal disposition of the sexual assault case and/or the victim is no longer in danger.

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