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10 U.S.C. § 1044e — Special Victims’ Counsel for victims of sex-related offenses
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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Source file: Laws/federal/codes/united-states-code/title-10/section-1044e-special-victims-counsel-for-victims-of-sex-related-offenses--2950f0e980.md
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Source location: Title 10, Chapter 53, § 1044e; chapter-053-miscellaneous-rights-and-benefits.md
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**(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 Authorized.—** The types of legal assistance authorized by subsection (a) include the following:
(1) Legal consultation regarding potential criminal liability of the victim stemming from or in relation to the circumstances surrounding the alleged sex-related offense and the victim’s right to seek military defense services.
(2) Legal consultation regarding the Victim Witness Assistance Program, including—
(A) the rights and benefits afforded the victim;
(B) the role of the Victim Witness Assistance Program liaison and what privileges do or do not exist between the victim and the liaison; and
(C) the nature of communication made to the liaison in comparison to communication made to a Special Victims’ Counsel or a legal assistance attorney under [section 1044 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1044&num=0&edition=prelim).
(3) Legal consultation regarding the responsibilities and support provided to the victim by the Sexual Assault Response Coordinator, a unit or installation Sexual Assault Victim Advocate, or domestic abuse advocate, to include any privileges that may exist regarding communications between those persons and the victim.
(4) Legal consultation regarding the potential for civil litigation against other parties (other than the United States).
(5) Legal consultation regarding the military justice system, including (but not limited to)—
(A) the roles and responsibilities of the trial counsel, the defense counsel, and investigators;
(B) any proceedings of the military justice process in which the victim may observe;
(C) the Government’s authority to compel cooperation and testimony; and
(D) the victim’s responsibility to testify, and other duties to the court.
(6) Representing the victim at any proceedings in connection with the reporting, military investigation, and military prosecution of the alleged sex-related offense.
(7) Legal consultation regarding eligibility and requirements for services available from appropriate agencies or offices for emotional and mental health counseling and other medical services;
(8) Legal consultation and assistance—
(A) in personal civil legal matters in accordance with [section 1044 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1044&num=0&edition=prelim);
(B) in any proceedings of the military justice process in which a victim can participate as a witness or other party;
(C) in understanding the availability of, and obtaining any protections offered by, civilian and military protecting or restraining orders; and
(D) in understanding the eligibility and requirements for, and obtaining, any available military and veteran benefits, such as transitional compensation benefits found in [section 1059 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1059&num=0&edition=prelim), [section 1408(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1408/h&num=0&edition=prelim), and other State and Federal victims’ compensation programs.
(9) Legal consultation and assistance in connection with—
(A) any complaint against the Government, including an allegation under review by an inspector general and a complaint regarding equal employment opportunities;
(B) any request to the Government for information, including a request under [section 552a of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a&num=0&edition=prelim) (commonly referred to as a “Freedom of Information Act request”); and
(C) any correspondence or other communications with Congress.
(10) Legal consultation and assistance in connection with an incident of retaliation, whether such incident occurs before, during, or after the conclusion of any criminal proceedings, including—
(A) in understanding the rights and protections afforded to victims of retaliation;
(B) in the filing of complaints; and
(C) in any resulting military justice proceedings.
(11) Such other legal assistance as the Secretary of Defense (or, in the case of the Coast Guard, the Secretary of the Department in which the Coast Guard is operating) may authorize in the regulations prescribed under subsection (i).
**(c) Nature of Relationship.—** The relationship between a Special Victims’ Counsel and a victim in the provision of legal advice and assistance shall be the relationship between an attorney and client.
**(d) Qualifications.—**
(1) An individual may not be designated as a Special Victims’ Counsel under this section unless the individual—
(A) meets the qualifications specified in [section 1044(d)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1044/d/2&num=0&edition=prelim); and
(B) is certified as competent to be designated as a Special Victims’ Counsel by the Judge Advocate General of the armed force in which the judge advocate is a member or by which the civilian attorney is employed, and within the Marine Corps, by the Staff Judge Advocate to the Commandant of the Marine Corps.
(2) The Secretary of Defense shall—
(A) develop a policy to standardize the time period within which a Special Victims’ Counsel receives training; and
(B) establish the baseline training requirements for a Special Victims’ Counsel.
**(e) Administrative Responsibility.—**
(1) Consistent with the regulations prescribed under subsection (i), the Judge Advocate General (as defined in [section 801(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section801/1&num=0&edition=prelim)) under the jurisdiction of the Secretary concerned, and within the Marine Corps the Staff Judge Advocate to the Commandant of the Marine Corps, is responsible for the establishment and supervision of individuals designated as Special Victims’ Counsel.
(2) The Secretary of Defense (and, in the case of the Coast Guard, the Secretary of the Department in which the Coast Guard is operating) shall conduct a periodic evaluation of the Special Victims’ Counsel programs operated under this section.
(3) The Secretary of Defense, in collaboration with the Secretaries of the military departments and the Secretary of the Department in which the Coast Guard is operating, shall establish—
(A) guiding principles for the Special Victims’ Counsel program, to include ensuring that—
(i) Special Victims’ Counsel are assigned to locations that maximize the opportunity for face-to-face communication between counsel and clients; and
(ii) effective means of communication are available to permit counsel and client interactions when face-to-face communication is not feasible;
(B) performance measures and standards to measure the effectiveness of the Special Victims’ Counsel program and client satisfaction with the program; and
(C) processes by which the Secretaries of the military departments and the Secretary of the Department in which the Coast Guard is operating will evaluate and monitor the Special Victims’ Counsel program using such guiding principles and performance measures and standards.
**(f) Availability of Special Victims’ Counsel.—**
(1) An individual described in subsection (a)(2) who is the victim of an alleged sex-related offense shall be offered the option of receiving assistance from a Special Victims’ Counsel upon report of an alleged sex-related offense or at the time the victim seeks assistance from a Sexual Assault Response Coordinator, a Sexual Assault Victim Advocate, a military criminal investigator, a victim/witness liaison, a trial counsel, a healthcare provider, or any other personnel designated by the Secretary concerned for purposes of this subsection.
(2) 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 shall be provided to an individual described in subsection (a)(2) before any military criminal investigator or trial counsel interviews, or requests any statement from, the individual regarding the alleged sex-related offense.
(3) The assistance of a Special Victims’ Counsel under this subsection shall be available to an individual described in subsection (a)(2) regardless of whether the individual elects unrestricted or restricted reporting of the alleged sex-related offense. The individual shall also be informed that the assistance of a Special Victims’ Counsel may be declined, in whole or in part, but that declining such assistance does not preclude the individual from subsequently requesting the assistance of a Special Victims’ Counsel.
(4)
(A) Subject to subparagraph (B), if a Special Victims’ Counsel is not available at a military installation for access by a member of the armed forces who requests access to a Special Victims’ Counsel, a Special Victims’ Counsel shall be made available at such installation for access by such member by not later than 72 hours after such request.
(B) If the Secretary concerned determines that, due to exigent circumstances related to military activities, a Special Victims’ Counsel cannot be made available to a member of the armed forces within the time period required by subparagraph (A), the Secretary concerned shall ensure that a Special Victims’ Counsel is made available to such member as soon as is practical under such circumstances.
**(g) Staffing Caseload Levels.—** Commencing not later than four years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020, each Secretary concerned shall ensure that the number of Special Victims’ Counsels serving in each military department (and with respect to the Coast Guard) is sufficient to ensure that the average caseload of a Special Victims’ Counsel does not exceed, to the extent practicable, 25 cases any given time.
**(h) Alleged Sex-related Offense Defined.—** In this section, the term “alleged sex-related offense” means any allegation of—
(1) a violation of section 920, 920b, 920c, or 930 of this title (article 120, 120b, 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 this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section880&num=0&edition=prelim) (article 80 of the Uniform Code of Military Justice).
**(i) Regulations.—** The Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating shall prescribe regulations to carry out this section.
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter (the Uniform Code of Military Justice):
(1) The term “Judge Advocate General” means, severally, the Judge Advocates General of the Army, Navy, and Air Force and, except when the Coast Guard is operating as a service in the Navy, an official designated to serve as Judge Advocate General of the Coast Guard by the Secretary of Homeland Security.
(2) The Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy, shall be considered as one armed force.
(3) The term “commanding officer” includes only commissioned officers.
(4) The term “officer in charge” means a member of the Navy, the Marine Corps, or the Coast Guard designated as such by appropriate authority.
(5) The term “superior commissioned officer” means a commissioned officer superior in rank or command.
(6) The term “cadet” means a cadet of the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy.
(7) The term “midshipman” means a midshipman of the United States Naval Academy and any other midshipman on active duty in the naval service.
(8) The term “military” refers to any or all of the armed forces.
(9) The term “accuser” means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused.
(10) The term “military judge” means a judge advocate designated under [section 826(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section826/c&num=0&edition=prelim) (article 26(c)) who is detailed under section 826(a) or [section 830a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** For purposes of this section—
(1) the term “agency” means agency as defined in section 552(e) 11 See References in Text note below. of this title;
(2) the term “individual” means a citizen of the United States or an alien lawfully admitted for permanent residence;
(3) the term “maintain” includes maintain, collect, use, or disseminate;
(4) the term “record” means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph;
(5) the term “system of records” means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual;
(6) the term “statistical record” means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by [section 8 of title 13](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title13-section8&num=0&edition=prelim);
(7) the term “routine use” means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected;
(8) the term “matching program”—
(A) means any computerized comparison of—
(i) two or more automated systems of records or a system of records with non-Federal records for the purpose
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority To Pay Compensation.—** The Secretary of Defense, with respect to the armed forces (other than the Coast Guard when it is not operating as a service in the Navy), and the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy, may each establish a program to pay monthly transitional compensation in accordance with this section to dependents or former dependents of a member of the armed forces described in subsection (b). Upon establishment of such a program, the program shall apply in the case of each such member described in subsection (b) who is under the jurisdiction of the Secretary establishing the program.
**(b) Punitive and Other Adverse Actions Covered.—** This section applies in the case of a member of the armed forces on active duty for a period of more than 30 days—
(1) who is convicted of a dependent-abuse offense (as defined in subsection (c)) and whose conviction results in the member—
(A) being separated from active duty pursuant to a sentence of a court-martial; or
(B) forfeiting all pay and allowances pursuant to a sentence of a court-martial;
(2) who is administratively separated, voluntarily or involuntarily, from active duty in accordance with applicable regulations if the basis for the separation includes a dependent-abuse offense; or
(3) who is—
(A) convicted of a dependent-abuse offense in a district court of the United States or a State court; and
(B) separated from active duty pursuant to a sentence of a court-martial, or administratively separated, voluntarily or involuntarily, from active duty, for an offense other than the dependent-abuse offense.
**(c) Dependent-Abuse Offenses.—** For purposes of this section, a dependent-abuse offense is conduct by a
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** An act, done with specific intent to commit an offense under this chapter, amounting to more than mere preparation and tending, even though failing, to effect its commission, is an attempt to commit that offense.
**(b)** Any person subject to this chapter who attempts to commit any offense punishable by this chapter shall be punished as a court-martial may direct, unless otherwise specifically prescribed.
**(c)** Any person subject to this chapter may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated.
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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
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1565b
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Court of Appeals for the Armed Forces.—** Not later than December 31 each year, the Court of Appeals for the Armed Forces shall submit a report that, with respect to the previous fiscal year, provides information on the number and status of completed and pending cases before the Court, and such other matters as the Court considers appropriate regarding the operation of this chapter.
**(b) Service Reports.—** Not later than December 31 each year, the Judge Advocates General and the Staff Judge Advocate to the Commandant of the Marine Corps shall each submit a report, with respect to the preceding fiscal year, containing the following:
(1) Data on the number and status of pending cases.
(2) Data on the number and status of completed cases, including—
(A) information on race, ethnicity, rank, and sex demographic for the victim and the accused;
(B) the enumerated offenses preferred and referred;
(C) the types of court-martial; and
(D) the results for each case, including cases that resulted in nonjudicial punishment or administrative separation.
(3) Information on the appellate review process, including—
(A) information on compliance with processing time goals;
(B) descriptions of the circumstances surrounding cases in which general or special court-martial convictions were (i) reversed because of command influence or denial of the right to speedy review or (ii) otherwise remitted because of loss of records of trial or other administrative deficiencies;
(C) an analysis of each case in which a provision of this chapter was held unconstitutional; and
(D) an analysis of each case in which a Court of Criminal Appeals made a final determination that a finding of a court-martial was clearly against the weight of the evidence, including an explana
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 946a
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Federal law — U.S. Code and appendices · legal_authorities
Page 932
TITLE 10—ARMED FORCES
§ 1044e
(B) That the signatory had the represented
status and title at the time of the execution of
the will.
(C) That the signature was executed in com-
pliance with the procedures required under the
regulations prescribed under subsection (f).
(2) A document setting forth a military testa-
mentary instrument meets the requirements of
this paragraph if it includes (or has attached to
it), in a form and content required under the
regulations prescribed under subsection (f), each
of the following:
(A) A certificate, executed by the testator,
that includes the testator’s acknowledgment
of the testamentary instrument.
(B) An affidavit, executed by each witness
signing the testamentary instrument, that at-
tests to the circumstances under which the
testamentary instrument was executed.
(C) A notarization, including a certificate of
any administration of an oath required under
the regulations, that is signed by the notary
or other official administering the oath.
(e) STATEMENT TO BE INCLUDED.—(1) Under
regulations prescribed under this section, each
military testamentary instrument shall contain
a statement that sets forth the provisions of
subsection (a).
(2) Paragraph (1) shall not be construed to
make inapplicable the provisions of subsection
(a) to a testamentary instrument that does not
include a statement described in that paragraph.
(f) REGULATIONS.—Regulations for the pur-
poses of this section shall be prescribed jointly
by the Secretary of Defense and by the Sec-
retary of Homeland Security with respect to the
Coast Guard when it is not operating as a serv-
ice in the Department of the Navy.
(g) DEFINITIONS.—In this section:
(1) The term ‘‘person eligible for military
legal assistance’’ means a person
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1044e
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