113 S871 IS: Combating Military Sexual Assault Act of 2013 U.S. Senate 2013-05-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II 113th CONGRESS 1st Session S. 871 IN THE SENATE OF THE UNITED STATES May 7, 2013 Mrs. Murray (for herself, Ms. Ayotte, and Mr. Blumenthal) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to enhance assistance for victims of sexual assault committed by members of the Armed Forces, and for other purposes.

1.

Short title

This Act may be cited as the Combating Military Sexual Assault Act of 2013.

2.

Special Victims' Counsel for victims of sexual assault committed by members of the Armed Forces

(a)

Special Victims' Counsel for victims of sexual assault committed by members of the Armed Forces

(1)

In general

Not later than 180 days after the date of the enactment of this Act, the Secretaries of the military departments shall each implement a program on the provision of a Special Victims' Counsel to victims of a sexual assault committed by a member of the Armed Forces. (2)

Qualification

An individual may not be designated as a Special Victims' Counsel under this subsection unless the individual is— (A)a judge advocate who is a graduate of an accredited law school or is a member of the bar of a Federal court or the highest court of a State; and (B)is certified as competent to be designated as a Special Victims' Counsel by the Judge Advocate General of the Armed Force of which the individual is a member. (3)

Duties

(A)

In general

Subject to subparagraph (C), the duties of a Special Victims' Counsel shall include the provision of legal advice and assistance to a victim in connection with criminal and civil legal matters related to the sexual assault committed against the victim, including the following: (i)Legal advice and assistance regarding criminal liability of the victim. (ii)Legal advice and assistance regarding the victim’s responsibility to testify, and other duties to the court. (iii)Legal advice regarding the potential for civil litigation against other parties (other than the Department of Defense). (iv)Legal advice regarding any proceedings of the military justice process which the victim may observe. (v)Legal advice and assistance regarding any proceeding of the military justice process in which the victim may participate as a witness or other party. (vi)Legal advice and assistance regarding available military or civilian restraining or protective orders. (vii)Legal advice and assistance regarding available military and veteran benefits. (viii)Legal assistance in personal civil legal matters in connection with the sexual assault in accordance with section 1044 of title 10, United States Code. (ix)Such other legal advice and assistance as the Secretary of the military department concerned shall specify for purposes of the program implemented under this subsection. (B)

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. (b)

Assistance and reporting

(1)

Assistance

Section 1565b of title 10, United States Code, is amended— (A)by redesignating subsection (b) as subsection (c); and (B)by inserting after subsection (a) the following new subsection (b): (b)

Availability of Special Victims' Counsel for victims of sexual assault committed by members of the Armed Forces

(1)A member of the armed forces, or a dependent of a member, who is the victim of a sexual assault described in paragraph (2) may be provided assistance by a Special Victims' Counsel. (2)A sexual assault described in this paragraph is any offense if alleged to have been committed by a member of the armed forces as follows: (A)Rape or sexual assault under section 920 of this title (article 120 of the Uniform Code of Military Justice). (B)An attempt to commit an offense specified in subparagraph (A) as punishable under section 880 of this title (article 80 of the Uniform Code of Military Justice). (3)A member of the armed forces or dependent who is the victim of sexual assault described in paragraph (2) 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, a trial counsel, health care providers, or any other personnel designated by the Secretary of the military department concerned for purposes of this paragraph. The member or dependent shall also be informed that the assistance of a Special Victims' Counsel under paragraph (1) is optional and may be declined, in whole or in part, at any time. (4)Assistance of a Special Victims' Counsel 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. . (2)

Reporting

Subsection (c) of such section, as redesignated by paragraph (1)(A) of this subsection, is further amended in paragraph (2)— (A)by redesignating subparagraph (C) as subparagraph (D); and (B)by inserting after subparagraph (B) the following new subparagraph (C): (C)A Special Victims' Counsel. . (c)

Conforming amendments to authority on SARC, SAVA, and related assistance

Subsection (a) of such section is amended— (1)in paragraph (1), by striking may and inserting shall, upon request,; and (2)in paragraph (2)— (A)by inserting a Special Victims' Counsel, after a Sexual Assault Victim Advocate,; and (B)by striking or a trial counsel and inserting a trial counsel, health care providers, or any other personnel designated by the Secretary of the military department concerned for purposes of this paragraph. (d)

Conforming and clerical amendments

(1)

Heading amendment

The heading of such section is amended to read as follows:

1565b.

Victims of sexual assault: access to legal assistance and services of Sexual Assault Coordinators, Sexual Assault Victim Advocates, and Special Victims' Counsels

. (2)

Table of sections

The table of sections at the beginning of chapter 80 of such title is amended by striking the item relating to section 1565b and inserting the following new item: 1565b. Victims of sexual assault: access to legal assistance and services of Sexual Assault Coordinators, Sexual Assault Victim Advocates, and Special Victims' Counsels. .

3.

Enhanced responsibilities of Sexual Assault Prevention and Response Office for Department of Defense sexual assault prevention and response program

(a)

In general

Section 1611(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 1561 note) is amended by striking shall— and all that follows and inserting “shall do the following: (1)Oversee development and implementation of the comprehensive policy for the Department of Defense sexual assault prevention and response program, including guidance and assistance for the military departments in addressing matters relating to sexual assault prevention and response. (2)Serve as the single point of authority, accountability, and oversight for the sexual assault prevention and response program. (3)Undertake responsibility for the oversight of the implementation of the sexual assault prevention and response program by the Armed Forces. (4)Collect and maintain data of the military departments on sexual assault in accordance with section 1615. (5)Provide oversight to ensure that the military departments maintain documents relating to the following: (A)Allegations and complaints of sexual assault involving members of the Armed Forces. (B)Courts-martial or trials of members of the Armed Forces for offenses relating to sexual assault. (6)Act as liaison between the Department of Defense and other Federal and State agencies on programs and efforts relating to sexual assault prevention and response. (7)Oversee development of strategic program guidance and joint planning objectives for resources in support of the sexual assault prevention and response program, and make recommendations on modifications to policy, law, and regulations needed to ensure the continuing availability of such resources. (8)Provide to the Secretary of Veterans Affairs any records or documents on sexual assault in the Armed Forces, including restricted reports with the approval of the individuals who filed such reports, that are required by the Secretary for purposes of the administration of the laws administered by the Secretary. . (b)

Collection and maintenance of data

Subtitle A of title XVI of such Act (10 U.S.C. 1561 note) is amended by adding at the end the following new section:

1615.

Collection and maintenance of data of military departments on sexual assault prevention and response

In carrying out the requirements of section 1611(b)(4), the Director of the Sexual Assault Prevention and Response Office shall do the following: (1)Collect from each military department on a quarterly and annual basis data of such military department on sexual assaults involving members of the Armed Forces in a manner consistent with the policy and procedures developed pursuant to section 586 of the National Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 1561 note) that protect the privacy of individuals named in records and the status of records. (2)Maintain data collected from the military departments under paragraph (1). (3)Assemble from the data collected and maintained under this section quarterly and annual reports on the involvement of members of the Armed Forces in incidents of sexual assault. (4)Develop metrics to measure the effectiveness of, and compliance with, training and awareness objectives of the military departments on sexual assault prevention and response. (5)Establish categories of information to be provided by the military departments in connection with reports on sexual assault prevention and response, including, but not limited to, the annual reports required by section 1631, and ensure that the submittals of the military departments for purposes of such reports include data within such categories.

. (c)

Element on unit of accused and victim in case synopses in annual report on sexual assaults

(1)

In general

Section 1631(f) of such Act (10 U.S.C. 1561 note) is amended— (A)by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively; and (B)by inserting after paragraph (4) the following new paragraph (5): (5)The case synopsis shall indicate the unit of each member of the Armed Forces accused of committing a sexual assault and the unit of each member of the Armed Forces who is a victim of sexual assault. . (2)

Application of amendments

The amendments made by paragraph (1) shall apply beginning with the report regarding sexual assaults involving members of the Armed Forces required to be submitted by March 1, 2014, under section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011.

4.

Disposition and other requirements for rape and sexual assault offenses under the Uniform Code of Military Justice

(a)

Disposition and other requirements

(1)

In general

Subchapter VI of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after section 830 (article 30) the following new section (article):

830a. Art. 30a.

Rape and sexual assault offenses: disposition and other requirements

(a)

In general

Notwithstanding any other provision of this chapter, charges on offenses specified in subsection (b) shall be subject to the disposition requirement in subsection (c) and subject to the other requirements and limitations set forth this section. (b)

Covered offenses

The charges on offenses specified in this subsection are charges on the offenses as follows: (1)Rape or sexual assault under section 920 of this title (article 120). (2)An attempt to commit an offense specified in paragraph (1) as punishable under section 880 of this title (article 80). (c)

Disposition requirements

(1)Subject to paragraph (2), the charges on any offense specified in subsection (b) shall be referred to an appropriate authority for convening general courts-martial under section 822 of this title (article 22) for disposition. (2)If the appropriate authority to which charges described in paragraph (1) would be referred under that paragraph is a member with direct supervisory authority over the member alleged to have committed the offense, such charges shall be referred to a superior authority competent to convene a general court-martial. (d)

Victim's rights

A victim of an offense specified in subsection (b) shall have rights as follows: (1)To a Special Victims' Counsel provided under section 1565b(b) of this title. (2)To have all communications between the victim and any Sexual Assault Response Coordinator, Sexual Assault Victim Advocate, or Special Victims' Counsel for the victim considered privileged communications for purposes of the case and any proceedings relating to the case.

. (2)

Clerical amendment

The table of sections at the beginning of subchapter VI of chapter 47 of such title (the Uniform Code of Military Justice) is amended by inserting after the item relating to section 830 (article 30) the following new item: 830a. Art. 30a. Rape and sexual assault offenses: disposition and other requirements. . (b)

Revision of Manual for Courts-Martial

The Joint Service Committee on Military Justice shall amend the Manual for Courts-Martial to reflect the requirements in section 830a of title 10, United States Code (article 830a of the Uniform Code of Military Justice), as added by subsection (b), including, in particular, section 306 of the Manual relating to disposition of charges.

5.

Prohibition on sexual acts and contact between certain military instructors and their trainees

(a)

Prohibition

Section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice), is amended— (1)by redesignating subsections (e) through (g) as subsections (f) through (h); respectively; and (2)by inserting after subsection (d) the following new subsection (e): (e)

Sexual acts and sexual contact between certain military instructors and trainees

(1)

Enhanced prohibition on sexual assault

A military instructor who commits a sexual act upon a member of the armed forces while the member is undergoing basic training (or its equivalent) or within 30 days after completing such training is guilty of sexual assault and shall be punished as a court-martial may direct. (2)

Enhanced prohibition on abusive sexual contact

A military instructor who commits or causes sexual contact upon or by a member of the armed forces while the member is undergoing basic training (or its equivalent), or within 30 days after completing such training, which instructor was not the spouse of the member at the member's commencement of such training, is guilty of abusive sexual contact and shall be punished as a court-martial may direct. (3)

Covered military instructors

This subsection applies with respect to the following members of the armed forces otherwise subject to this chapter: (A)Drill Sergeants in the Army. (B)Drill Instructors in the Marine Corps. (C)Recruit Division Commanders in the Navy. (D)Military Training instructors in the Air Force. (E)Company Commanders in the Coast Guard. (F)Such other members of the armed forces as the Secretary concerned may designate as having supervisory authority over new recruits undergoing basic training (or its equivalent). (4)

Consent

Lack of consent is not an element and need not be proven in any prosecution under this subsection. Consent is not a defense for any conduct in issue in any prosecution under this subsection. . (b)

Cross references to definitions

Chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended— (1)in section 920b(h)(1) (article 120b(h)(1)), by striking section 920(g) of this title (article 120(g)) and inserting section 920 of this title (article 120); and (2)in section 920c(d)(1) (article 120c(d)(1)), by striking section 920(g) of this title (article 120(g))) and inserting section 920 of this title (article 120)).

6.

Availability of Sexual Assault Response Coordinators for members of the National Guard

(a)

Availability in each National Guard State and Territory

Section 584(a) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1433; 10 U.S.C. 1561 note) is amended— (1)by redesignating paragraph (2) as paragraph (3); and (2)by inserting after paragraph (1) the following new paragraph (2): (2)

Availability in each National Guard State and territory

The National Guard of each State and Territory shall ensure that a Sexual Assault Response Coordinator is available at all times to the members of the National Guard of such State or Territory. The Secretary of the Army and the Secretary of the Air Force may, in consultation with the Chief of the National Guard Bureau, assign additional Sexual Assault Response Coordinators in a State or Territory as necessary based on the resource requirements of National Guard units within such State or Territory. Any additional Sexual Assault Response Coordinator may serve on a full-time or part-time basis at the discretion of the assigning Secretary. . (b)

Availability To provide assistance for members of the National Guard in State status

Section 1565b of title 10, United States Code, as amended by section 2 of this Act, is further amended in subsection (a)— (1)by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (2)by inserting after paragraph (1) the following new paragraph (2): (2)In the case of a member of the National Guard in State status under title 32 who is the victim of a sexual assault, assistance provided by a Sexual Assault Response Coordinator shall be provided by the Sexual Assault Response Coordinator Assistance available in the State or Territory concerned under paragraph (2) of section 584(a) of the National Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 1561 note), but, with the approval of the Secretary of the Army or the Secretary of the Air Force, as applicable, may also be provided by Sexual Assault Response Coordinator assigned under paragraph (1) of that section. .