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NEW REQUIREMENT TO CONSIDER A VICTIMS PREFERENCE FOR PROSECUTION BY COURT-MARTIAL OR CIVILIAN COURT


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UNCLASSIFIED
 
ROUTINE
 
R 312011Z JUL 15
 
FM SECNAV WASHINGTON DC
 
TO ALNAV
 
INFO SECNAV WASHINGTON DC
CNO WASHINGTON DC
CMC WASHINGTON DC
 
BT
UNCLAS
ALNAV 061/15
 
MSGID/GENADMIN/SECNAV WASHINGTON DC/-/JUL//
 
SUBJ/NEW REQUIREMENT TO CONSIDER A VICTIMS PREFERENCE FOR PROSECUTION BY 
COURT-MARTIAL OR CIVILIAN COURT//
 
REF/A/DOC/SECDEF/30APR15//
 
REF/B/DOC/FY-15NDAA/19DEC14//
 
REF/C/JAG/26JUN12//
 
REF/D/DOC/NAVADMIN/28JUN12//
 
REF/E/SJA/LEGADMINMAN/10FEB14
 
NARR/REF A IS SECDEF MEMO IMPLEMENTATION OF SECTION 534(B)(1) OF THE NATIONAL 
DEFENSE AUTHORIZATION ACT FOR FY-15 OF 30 APR 15.  REF B IS THE FY-15 
NATIONAL DEFENSE AUTHORIZATION ACT (NDAA).  REF C IS JAGINST 5800.7F, MANUAL 
OF THE JUDGE ADVOCATE GENERAL (JAGMAN).  REF D IS NAVADMIN IMPLEMENTING THE 
SEXUAL ASSAULT INITIAL DISPOSITION AUTHORITY IN THE NAVY. REF E IS 
LEGADMINMAN, MCO P5800.16A CH 7, MARINE CORPS MANUAL FOR LEGAL ADMINISTRATION 
PARA 1110 DISCUSSING THE SEXUAL ASSAULT INITIAL DISPOSITION AUTHORITY IN THE 
MARINE CORPS //
 
RMKS/1.  In reference (a), the Secretary of Defense directed implementation 
of Section 534(b)(1) of reference (b) to establish a process to ensure 
consultation with the victim of an alleged sex-related offense that occurs in 
the United States regarding whether the victim would prefer the offense be 
prosecuted by court-martial or in a civilian court with jurisdiction of the 
offense.
 
2.  In accordance with reference (a), Section 0128 of reference © is 
amended to insert the following new subsection (a):  Consideration of a 
Victims preference in prosecution venue
    a.  For alleged sex-related offenses committed in the United States, the 
victim of the sex-related offense shall be provided an opportunity to express 
views as to whether the offense should be prosecuted by court-martial or in a 
civilian court with jurisdiction over the offense.
    b.  The cognizant commander shall consider the victims preference for 
jurisdiction, if available, prior to making an initial disposition decision.  
The victims views are not binding on that commander.
    c.  The cognizant commander should continue to consider the views of the 
victim as to jurisdiction until final disposition of the case.
    d.  If the victim of an alleged sex-related offense expresses a 
preference for prosecution of the offense in a civilian court, the cognizant 
commander shall ensure that the civilian authority with jurisdiction over the 
offense is notified of the victims preference for civilian prosecution.
    e.  The cognizant commander shall ensure the victim is notified should 
the commander learn of any decision by the civilian authority to prosecute or 
not prosecute the offense in civilian court.
    f.  For purposes of this ALNAV:
        (1) A sex-related offense means any allegation of a violation of 
Article 120, 120a, 120b, 120c, or 125 or any attempt thereof under Article 
80, Uniformed Code of Military Justice.
        (2) Victim is defined as an individual who has suffered direct 
physical, e motional, or pecuniary harm as a result of the commission of an 
alleged sex-related offense.
        (3) Cognizant Commander means the Sexual Assault Initial Disposition 
Authority (SA-IDA), General Court-Martial Convening Authority, or any other 
appropriate commander taking action on the case.
 
3.  Released by Ray Mabus, Secretary of the Navy.//
 
BT
#0001
NNNN
UNCLASSIFIED//
 
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