Combating Military Sexual Assault Act of 2013 - Directs each military department Secretary to implement a program providing a Special Victims' Counsel (Counsel) to a victim of a sexual assault committed by a member of the Armed Forces (member). Outlines Counsel qualifications and duties, including providing advice and assistance in connection with criminal and civil legal matters related to the assault.
Allows a member or member dependent who is a victim of an assault by another member to receive Counsel assistance. Requires such victim to be informed of the availability of such assistance at the time the victim originally seeks assistance from a sexual response coordinator or 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 concerned. Makes such assistance available regardless of whether the victim elects unrestricted or restricted (confidential) reporting of the incident.
Provides additional duties of the Director of the Sexual Assault Prevention and Response Office within the Department of Defense (DOD), including: (1) providing guidance and assistance for the military departments in addressing matters relating to sexual assault prevention and response, (2) acting as liaison between DOD and other federal and state agencies on sexual assault prevention and response programs, and (3) overseeing development of program guidance and joint planning objectives in support of such program. Requires the Director to also collect and maintain data of the military departments concerning sexual assault prevention and response.
Amends the Uniform Code of Military Justice (UCMJ) to provide for disposition and other requirements in connection with charges of rape or sexual assault, and to provide for victims' rights under such actions (including the right to a Counsel).
Adds new provisions to the UCMJ concerning the commission of a sexual act upon, or abusive sexual contact with, a member by a military instructor.
Amends the National Defense Authorization Act for Fiscal Year 2012 to require the National Guard of each state and territory to ensure that a sexual assault response coordinator is available at all times to its members.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 871 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 871
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.
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Combating Military Sexual Assault
Act of 2013''.
SEC. 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:
``Sec. 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.''.
SEC. 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:
``SEC. 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.
SEC. 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):
``Sec. 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.
SEC. 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))''.
SEC. 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.''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S3161-3162)
Read twice and referred to the Committee on Armed Services. (text of measure as introduced: CR S3162-3163)
Committee on Armed Services. Hearings held. Hearings printed: S.Hrg. 113-320.
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