Ruth's Truth #9: Asking the Right Questions at the Front End: "Are You a Military Member?"

When I was Deputy Program Manager for the National Guard Special Victims’ Counsel (SVC) program, through the research of my AMAZING Non-Commissioned Officer (NCO) paralegal, we found that 43% of SVC cases had an active-duty component, meaning one or more parties' military status was “Title 10 Active Duty", and therfore subject to Active Duty Court Martial under the Uniformed Code of Military Justice (UCMJ) (NOTE: Guard members can be on Title 10 but that's another lesson).

Example: On a drill weekend in Fayetteville, NC, a National Guard Sergeant meets an active-duty Captain at a karaoke bar. They later return to her hotel, where he sexually assaults her. She calls her battle buddy, who takes her to the local hospital for a Sexual Assault Forensic Exam (SAFE).

In this example, if she reports the assault to local police, they will likely notify military authorities, triggering a military investigation alongside any civilian process.

Regardless of jurisdiction, she is entitled to Sexual Assault Prevention and Response services, which include a military Victim Advocate AND Special Victim Legal Counsel if she chooses, who can explain her rights, outline possible next steps, and be with her through the investigative and legal processes. Unlike in a court martial, if the case is handled by civilian prosecutors (and this does happen on occasion), SVCs can advise, but cannot represent victims in civilian court due to state bar licensing restrictions and individual service policies. This said, they are valuable in all instances, to serve as a communication bridge between the local Prosecutor offices, Office of Special Trial Counsel (OSTC) and the Active Component and state National Guard legal offices and Commands.

Ruth's Truth Takeaway:The earlier a victim is identified as a military member or dependent- regardless of branch of service - involves asking the right questions at the beginning: “Are you a military member or the spouse/child of a military memeber, and if so, what branch of service?" The earlier the services are offered (ideally before interviews or investigations begin) the better the chance to ensure that rights and processes are preserved and protected - the victim's, the accused's, and the organizations involved.