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10 U.S.C. § 1565b — Victims of sexual assault: access to legal assistance and services of Sexual Assault Response Coordinators and Sexual Assault Victim Advocates
Federal law — U.S. Code and appendices · legal_authorities
**(a) Availability of Legal Assistance and Victim Advocate Services.—**
(1) A member of the armed forces, or a dependent of a member, who is the victim of a sexual assault may be provided the following:
(A) Legal assistance provided by military or civilian legal assistance counsel pursuant to sections 1044 and 1044e of this title.
(B) Assistance provided by a Sexual Assault Response Coordinator.
(C) Assistance provided by a Sexual Assault Victim Advocate.
(2) A member of the armed forces or dependent who is the victim of sexual assault 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, or a trial counsel. The member or dependent shall also be informed that the legal assistance and the services of a Sexual Assault Response Coordinator or a Sexual Assault Victim Advocate under paragraph (1) are optional and may be declined, in whole or in part, at any time.
(3) Subject to such exceptions for exigent circumstances as the Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating may prescribe, notice of the availability of a Special Victims’ Counsel under [section 1044e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1044e&num=0&edition=prelim) shall be provided to a member of the armed forces or dependent who is the victim of sexual assault before any military criminal investigator or trial counsel interviews, or requests any statement from, the member or dependent regarding the alleged sexual assault.
(4) Legal assistance and the services of Sexual Assault Response Coordina
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Source file: Laws/federal/codes/united-states-code/title-10/section-1565b-victims-of-sexual-assault-access-to-legal-assistance-and-services-of-sex--6df2e5c51b.md
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Source location: Title 10, Chapter 80, § 1565b; chapter-080-miscellaneous-investigation-requirements-and-other-duties.md
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**(a) Availability of Legal Assistance and Victim Advocate Services.—**
(1) A member of the armed forces, or a dependent of a member, who is the victim of a sexual assault may be provided the following:
(A) Legal assistance provided by military or civilian legal assistance counsel pursuant to sections 1044 and 1044e of this title.
(B) Assistance provided by a Sexual Assault Response Coordinator.
(C) Assistance provided by a Sexual Assault Victim Advocate.
(2) A member of the armed forces or dependent who is the victim of sexual assault 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, or a trial counsel. The member or dependent shall also be informed that the legal assistance and the services of a Sexual Assault Response Coordinator or a Sexual Assault Victim Advocate under paragraph (1) are optional and may be declined, in whole or in part, at any time.
(3) Subject to such exceptions for exigent circumstances as the Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating may prescribe, notice of the availability of a Special Victims’ Counsel under [section 1044e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1044e&num=0&edition=prelim) shall be provided to a member of the armed forces or dependent who is the victim of sexual assault before any military criminal investigator or trial counsel interviews, or requests any statement from, the member or dependent regarding the alleged sexual assault.
(4) Legal assistance and the services of Sexual Assault Response Coordinators and Sexual Assault Victim Advocates 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.
**(b) Restricted Reporting.—**
(1) Under regulations prescribed by the Secretary of Defense, a member of the armed forces, or an adult dependent of a member, who is the victim of a sexual assault may elect to confidentially disclose the details of the assault to an individual specified in paragraph (2) and receive medical treatment, legal assistance under [section 1044 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1044&num=0&edition=prelim), or counseling, without initiating an official investigation of the allegations.
(2) The individuals specified in this paragraph are the following:
(A) A Sexual Assault Response Coordinator.
(B) A Sexual Assault Victim Advocate.
(C) Healthcare personnel specifically identified in the regulations required by paragraph (1).
(3) In the case of information disclosed pursuant to paragraph (1), any State law or regulation that would require an individual specified in paragraph (2) to disclose the personally identifiable information of the adult victim or alleged perpetrator of the sexual assault to a State or local law enforcement agency shall not apply, except when reporting is necessary to prevent or mitigate a serious and imminent threat to the health or safety of an individual.
**(c) Definitions.—** In this section:
(1) **Sexual assault.—** — The term “sexual assault” includes the offenses of rape, sexual assault, forcible sodomy, aggravated sexual contact, abusive sexual contact, and attempts to commit such offenses, as punishable under applicable Federal or State law.
(2) **State.—** — The term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and any territory or possession of the United States.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Designation; Purposes.—**
(1) The Secretary concerned shall designate legal counsel (to be known as “Special Victims’ Counsel”) for the purpose of providing legal assistance to an individual described in paragraph (2) who is the victim of an alleged sex-related offense, regardless of whether the report of that offense is restricted or unrestricted.
(2) An individual described in this paragraph is any of the following:
(A) An individual eligible for military legal assistance under [section 1044 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1044&num=0&edition=prelim).
(B) An individual who is—
(i) not covered under subparagraph (A);
(ii) a member of a reserve component of the armed forces; and
(iii) a victim of an alleged sex-related offense as described in paragraph (1)—
(I) during a period in which the individual served on active duty, full-time National Guard duty, or inactive-duty training; or
(II) during any period, regardless of the duty status of the individual, if the circumstances of the alleged sex-related offense have a nexus to the military service of the victim, as determined under regulations prescribed by the Secretary of Defense.
(C) A civilian employee of the Department of Defense who is not eligible for military legal assistance under [section 1044(a)(7) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1044/a/7&num=0&edition=prelim), but who is the victim of an alleged sex-related offense, and the Secretary of Defense or the Secretary of the military department concerned waives the condition in such section for the purposes of offering Special Victims’ Counsel services to the employee.
**(b) Types of Legal Assistance Autho
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Subject to the availability of legal staff resources, the Secretary concerned may provide legal assistance in connection with their personal civil legal affairs to the following persons:
(1) Members of the armed forces who are on active duty.
(2) Members and former members entitled to retired or retainer pay or equivalent pay.
(3) Officers of the commissioned corps of the Public Health Service or the commissioned officer corps of the National Oceanic and Atmospheric Administration who are on active duty or entitled to retired or equivalent pay.
(4) Members of reserve components not covered by paragraph (1) or (2) following release from active duty under a call or order to active duty for more than 30 days issued under a mobilization authority (as determined by the Secretary), for a period of time (prescribed by the Secretary) that begins on the date of the release and is not less than twice the length of the period served on active duty under that call or order to active duty.
(5) Dependents of members and former members described in paragraphs (1), (2), (3), and (4).
(6) Survivors of a deceased member or former member described in paragraphs (1), (2), (3), and (4) who were dependents of the member or former member at the time of the death of the member or former member, except that the eligibility of such survivors shall be determined pursuant to regulations prescribed by the Secretary concerned.
(7) Civilian employees of the Federal Government serving in locations where legal assistance from non-military legal assistance providers is not reasonably available, except that the eligibility of civilian employees shall be determined pursuant to regulations prescribed by the Secretary concerned.
**(b)** Under such regulations as may be prescribed by the Secr
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Federal law — U.S. Code and appendices · legal_authorities
Page 1492
TITLE 10—ARMED FORCES
§ 1565a
(f) REGULATIONS.—This section shall be carried
out under regulations prescribed by the Sec-
retary of Defense, in consultation with the Sec-
retary of Homeland Security and the Attorney
General. Those regulations shall apply, to the
extent practicable, uniformly throughout the
armed forces.
(Added Pub. L. 106–546, § 5(a)(1), Dec. 19, 2000, 114
Stat. 2731; amended Pub. L. 107–296, title XVII,
§ 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L.
108–405, title II, § 203(c), Oct. 30, 2004, 118 Stat.
2270.)
Editorial Notes
REFERENCES IN TEXT
Section 3 of the DNA Analysis Backlog Elimination
Act of 2000, referred to in subsecs. (a)(2), (d)(2), and
(e)(2)(A), is section 3 of Pub. L. 106–546, which was clas-
sified to section 14135a of Title 42, The Public Health
and Welfare, prior to editorial reclassification as sec-
tion 40702 of Title 34, Crime Control and Law Enforce-
ment.
Section 4 of the DNA Analysis Backlog Elimination
Act of 2000, referred to in subsec. (e)(2)(B), is section 4
of Pub. L. 106–546, which is classified to section 40703 of
Title 34, Crime Control and Law Enforcement.
The Uniform Code of Military Justice, referred to in
subsec. (d), is classified to chapter 47 (§ 801 et seq.) of
this title.
Section 210304 of the Violent Crime Control and Law
Enforcement Act of 1994, referred to in subsec. (e)(1), is
classified to section 12592 of Title 34, Crime Control and
Law Enforcement.
AMENDMENTS
2004—Subsec. (d). Pub. L. 108–405 reenacted heading
without change and amended text generally. Prior to
amendment, text read as follows:
‘‘(1) Subject to paragraph (2), the Secretary of De-
fense, in consultation with the Attorney General, shall
determine those felony or sexual offenses under the
Unifor
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1565b
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