There is an unfortunate misconception among some people in the military community that speaking with a lawyer must mean that someone is not telling the truth.
When it comes to the special victims’ counsel program this could not be further from reality.
Victims of sexual assault tend to find themselves in a difficult position that they never could have anticipated and certainly would not have chosen to be in. Unlike offenders, who enter the military justice process as a result of their own deliberate actions, victims are thrust into this complex and often confusing process based on the actions of another. With little or no warning, victims find themselves suddenly faced with a string of difficult choices that may shape their road to recovery for years to come.
When victims speak to a special victims’ counsel they are doing so not to silence the truth. To the contrary, they are getting help from the attorney to ensure when they tell the truth, the whole truth, and nothing but the truth, their voice will be heard.
The special victims’ counsel can help the victim organize his or her statement to ensure no legally significant detail is left out. Additionally, special victims’ counsel can accompany the victim to a criminal investigation command interview to help the victim know his or her rights will be upheld during the interview.
After a report has been filed, special victims’ counsel will counsel their clients on what they can expect during the military justice process. Furthermore, the special victims’ counsel can be the voice of their clients to the key actors in the military justice process, including the investigators, the trial counsel and the defense counsel.
For each key actor, the special victims’ counsel will explain the role he or she plays in the military justice process, and identify when the actions of each individual are or are not aligned with the victim’s best interests. Not only will the special victims’ counsel obtain updates on investigations for their clients, but they can help their clients understand what those updates mean and can explain what the likelihood of each possible outcome might be based on the information received.
Special victims’ counsel endeavor to help their clients to make informed choices at every stage of the military justice process. Whether it is a decision on whether or not to file a report in the first place, whether or not to request a protective order or whether or not to recommend that a commanding general accept an offer from the offender to plead guilty, there are many weighty choices that a victim may face along the way.
Special victims’ counsel are licensed attorneys provided by the Army free of cost. Each one has received specific training and has been certified by the Judge Advocate General of the Army for the position based on extensive experience in the field of criminal justice.
All service members and dependents who are victims of sexual offenses, including sexual assault and abusive sexual contact, are entitled to receive the services. Victims have a right to consult with a special victims’ counsel prior to being asked to give a statement to a military investigator. Victims can also elect services by a special victims’ counsel at any point before a final resolution is reached on the sexual assault.
Choosing representation by a special victims’ counsel can be the first of many steps a victim can take to reclaim a sense of control in his or her life. You may request a consultation by contacting the attorney on duty at 931-217-5154 or by stopping at client services, 2765 Tennessee Ave.