Page 5 - Ft. Irwin High Desert Warrior, Aug 3 2018

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High Desert Warrior August 3, 2018
5
Legal
What is the Special Victims’ Counsel Program?
Sexual assault is one of the most pressing and difficult issues in today’s Army and combating this serious problem within our ranks is as complicated as it is critical.
As part of the Army’s efforts to combat sexual assault within our ranks, the Special Victims’ Counsel Program (SVCP) was developed to strengthen our support of victims of sexual assault and to protect and enhance their rights within our military justice system, while neither causing unreasonable delay nor infringing upon the rights of an accused. The role of a Special Victims’ Counsel (SVC) is to zealously represent the client’s interests throughout the military justice process, within the scope of representation outlined by Army Regulation. This article will illustrate some of the key aspects of this program.
The Special Victims’ Counsel is a legal assistance attorney who has received special training to provide legal representation to vic- tims of sexual assault. Preferably, and in many cases, attorneys as- signed as SVCs will have also had military justice experience. SVCs provide legal services to active duty military members, their adult dependents, Department of the Army (DA) Civilians, and persons in other specialized categories. Further, SVCs are able to provide support and legal services to certain child victims of sexual assault, by representing the child through the child’s parent or guardian. Victims of sexual assault are eligible for SVC representation once they have filed either a restricted or unrestricted report. Victim Advocates, law enforcement personnel, and other first responders will provide victims with information about the SVC if the victim
qualifies to receive SVC services, including contact information. The SVC’s only duty and loyalty is to the client, not to any other person, organization, or entity. The SVC is bound by a duty of confidentiality, meaning that they cannot and will not share anything their client has told them, without permission from the client. The SVC’s primary duty is to advocate for the best interest
of the client.
The SVC will further assist their clients in navigating the long
and frequently intimidating court martial process, accompanying them to interviews, examinations, hearings, and court proceed- ings, as well as providing continuous legal advice throughout the entire process.
In addition to the right to consult with an SVC, victims have the following legal rights: To be treated with fairness and respect for their dignity and privacy; To be reasonably protected from the accused offender; To be notified of court proceedings; To be pres- ent at all public court proceedings related to the offense, unless the court determines that your testimony would be materially affected; To confer with the attorney for the government (prosecutor); To availablerestitution;Toinformationabouttheconviction,sentenc- ing, imprisonment, and release of the offender.
In the past several years, the National Defense Authorization Act (NDAA) has significantly changed the landscape of sexual assault prosecutions, as well as the role of the SVC and rights of sexual assault victims. SVCs will continue to help their clients navigate the ever-expanding complexity of sexual assault prosecution, now
and in the future. The SVCP has grown exponentially since its initial inception, and will continue to advocate for victims of sexual assault well into the future.
Victims of sexual assault have a right to obtain and meet with an SVC prior to speaking to law enforcement or their command, or undergoing any medical examination. If you feel you need SVC representation, or have any questions regarding the SVC program, the Fort Irwin SVC can be reached at 760-380-6330.
Happy Summer
This notice advises the public that an Environmental Assessment (EA) has been prepared for the construction and operation of Landfill Operations at Fort Irwin, California. The EA will be available for public review and comment beginning July 30, 2018. Copies of the EA will be available at the Barstow Library at 304 East Buena Vista Street, Barstow, California 92311, the Fort Irwin Post Library at 331 2nd Street, Fort Irwin, California 92310, and online at http://www.irwin.army.mil/Pages/Community/ EnviornmentNEPA.html for a period of 30 days. Comments should be submitted to Mr. Clarence Everly, Fort Irwin Natural and Cultural Resources Program Manager, Environmental Division, Building 602, P.O. Box 105085, Fort Irwin, California, 92310-5085 or via email to clarence.a.everly.civ@mail.mil. Electronic transmissions must be received by August 29, 2018 and comments sent by U.S. Mail must be postmarked by August 29, 2018.
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