10 U.S. Code § 806b - Art. 6b. Rights of the victim of an offense under this chapter
prev | next
(a) Rights of a Victim of an Offense Under This Chapter.— A victim of an offense under this chapter has the following rights:
(2)The right to reasonable, accurate, and timely notice of any of the following:
(B)A preliminary hearing under section 832 of this title (article 32) relating to the offense.
(3)The right not to be excluded from any public hearing or proceeding described in paragraph (2) unless the military judge or investigating officer, as applicable, after receiving clear and convincing evidence, determines that testimony by the victim of an offense under this chapter would be materially altered if the victim heard other testimony at that hearing or proceeding.
(4)The right to be reasonably heard at any of the following:
(5)The reasonable right to confer with the counsel representing the Government at any proceeding described in paragraph (2).
(b) Victim of an Offense Under This Chapter Defined.— In this section, the term “victim of an offense under this chapter” means an individual who has suffered direct physical, emotional, or pecuniary harm as a result of the commission of an offense under this chapter (the Uniform Code of Military Justice).
(c) Appointment of Individuals to Assume Rights for Certain Victims.— In the case of a victim of an offense under this chapter who is under 18 years of age (but who is not a member of the armed forces), incompetent, incapacitated, or deceased, the military judge shall designate a representative of the estate of the victim, a family member, or another suitable individual to assume the victim’s rights under this section. However, in no event may the individual so designated be the accused.
(d) Rule of Construction.— Nothing in this section (article) shall be construed—
(e) Enforcement by Court of Criminal Appeals.—
(1)If the victim of an offense under this chapter believes that a court-martial ruling violates the victim’s rights afforded by a Military Rule of Evidence specified in paragraph (2), the victim may petition the Court of Criminal Appeals for a writ of mandamus to require the court-martial to comply with the Military Rule of Evidence.
Source(Added Pub. L. 113–66, div. A, title XVII, § 1701(a)(1),Dec. 26, 2013, 127 Stat. 952; amended Pub. L. 113–291, div. A, title V, §§ 531(f), 535,Dec. 19, 2014, 128 Stat. 3364, 3368.)
2014—Subsec. (b). Pub. L. 113–291, § 531(f)(1), substituted “an individual” for “a person”.
Subsec. (c). Pub. L. 113–291, § 531(f)(2), in heading, substituted “Appointment of Individuals to Assume Rights” for “Legal Guardian” and, in text, inserted “(but who is not a member of the armed forces)” after “under 18 years of age” and substituted “designate a representative” for “designate a legal guardian from among the representatives”, “another suitable individual” for “other suitable person”, and “the individual” for “the person”.
Subsec. (e). Pub. L. 113–291, § 535, added subsec. (e).
“(1) Issuance.—Not later than one year after the date of the enactment of this Act [Dec. 26, 2013]—
“(A) the Secretary of Defense shall recommend to the President changes to the Manual for Courts-Martial to implement section 806b of title 10, United States Code (article 6b of the Uniform Code of Military Justice), as added by subsection (a); and
“(B) the Secretary of Defense and Secretary of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Navy) shall prescribe such regulations as each such Secretary considers appropriate to implement such section.
“(2) Mechanisms for affording rights.—The recommendations and regulations required by paragraph (1) shall include the following:
“(A) Mechanisms for ensuring that victims are notified of, and accorded, the rights specified in section 806b of title 10, United States Code (article 6b of the Uniform Code of Military Justice), as added by subsection (a).
“(B) Mechanisms for ensuring that members of the Armed Forces and civilian personnel of the Department of Defense and the Coast Guard make their best efforts to ensure that victims are notified of, and accorded, the rights specified in such section.
“(C) Mechanisms for the enforcement of such rights, including mechanisms for application for such rights and for consideration and disposition of applications for such rights.
“(D) The designation of an authority within each Armed Force to receive and investigate complaints relating to the provision or violation of such rights.
“(E) Disciplinary sanctions for members of the Armed Forces and other personnel of the Department of Defense and Coast Guard who willfully or wantonly fail to comply with requirements relating to such rights.”
LII has no control over and does not endorse any external Internet site that contains links to or references LII.