DoD creates new special counsel for sexual assault victims

  • Published
  • By Capt. Kathryn Boucher and Staff Sgt. Erica Porter
  • 6th Air Mobility Wing legal office chief of legal assistance and 6th AMW legal office NCO in-charge
MACDILL AIR FORCE BASE, Fla. --  A new kind of military lawyer is being deployed to work with victims of sexual assault: Special Victim's Counsel, who are part of a Department of Defense pilot program with the Air Force.

The mission of the new full-time organization is to support victims of sexual assault and assist with understanding legal proceedings.

According to Lt. Gen. Richard Harding, Air Force Judge Advocate General, "SVCs are attorneys who do not represent the defendant and they don't represent the government.

They will stand up for the victims. SVCs can help address the agony many assault victims associate with the court-martial process."

Lt. Gen. Harding said, "Eighty-five percent of victims do not report, and maybe if they understood the value of an SVC, some of them might feel a little bit more comfortable about reporting."

Air Force members accused of sexual assault are entitled to representation by the Area Defense Counsel. Victims have historically been assigned a Victim or Witness Assistance Provider and work with the government on the potential prosecution of cases. Although their objectives may be similar, the base legal office and VWAPs are acting on behalf of the Air Force, not necessarily the victim, leaving somewhat of a gray area. The SVC fills that area, providing legal counsel and support solely for victims.

The SVC program launched in January 2013, and SVCs have handled cases that range from unprofessional relationships in a basic military training to very serious traumatic assaults.

Assault victims can choose whether to file a restricted report or an unrestricted report - the latter of which allows the government to investigate and potentially prosecute the accused.

To be assigned a SVC, victims who meet certain criteria simply speak with the Sexual Assault Response Coordinator to receive a referral. Reports are handled on a case-by-case basis, but generally counsel is provided to any Airman on active duty orders, regardless of the perpetrator.

Also, if the perpetrator is an Air Force member, the adult dependent can use this program, and others may qualify depending on the situation. In all cases, the SARC is the first stop for support.

SVCs operate regionally and there is not an SVC assigned to every base. MacDill does not have an SVC assigned, however, there are many SVCs available in the region that may be assigned to a case.

To discuss SVC options, clients can speak with the base SARC, who is available 24/7 at 813-828-2678. The SVC is on Facebook at www.facebook.com/airforcesvc. Service members, dependents and retirees can always visit www.safehelpline.org/DODhelpline for information about provided services.