The Military’s Highest Court Rules in Favor of Special Victims’ Counsel

Recently the Court of Appeals for the Armed Forces (CAAF) issued an opinion in LRM v. Kastenberg regarding sexual assault victims’ right to representation in the court-martial process. The Court held that a victim’s right to be heard necessitates the right to be heard through legal counsel. This ruling helps solidify and protect victims’ rights, and supports the United States Air Force Special Victims Counsel (SVC) program.

The Court held that SVCs can represent survivors on issues where they have a “right to be heard” – such as under the military’s “rape shield” law, Military Rule of Evidence (MRE) 412, and under MRE 513 which protects a victim’s mental health history.

However, the court called this a “limited” right, and although the opinion helps enforce protections provided to victims under the Military Rules of Evidence, it leaves discretion with the trial judges in enforcing this right. It remains to be seen how the trial courts will react in allowing SVCs access to evidence and other specific trial matters.

This court opinion is just a start. CAAF made the right decision and now Congress must do the same.

The U.S. Air Force has created a successful SVC program that in its first year has represented over 300 victims of sexual assault. The other services are fighting this change and trying to keep victims unprotected and in the dark. Congress must mandate that standard “legal assistance” services already provided to all service members, include the right to “representation” for victims of sexual assault. This would provide attorneys to victims free of charge. As it stands now, only victims who can afford their own, private attorneys will be fully protected.

The other services have shown they will not act of their own accord – Congress must do the right thing in protecting victims!