What happens when a servicemember is groped or sexually assaulted by a civilian?
Generally, local law enforcement has jurisdiction if off base, and there may be concurrent investigative authority if the investigation happens on base. The civilian may be charged under state law (e.g., sexual battery, assault, rape), if the servicemember reports and presses charges. The victim can get also get support from a military Victim Advocate and Sexual Assault Response Coordinator (SARC) for reporting, and a civilian victim advocate.
As the military has no jurisdiction over civilians, there is no entitlement to legal representation unless the suspect is a military member or there is a "nexus" to the military. However, under Section 546 of the FY22 NDAA, Victims' Legal Counsel (VLC) and Special Victims. Counsel (SVC) must "receive training on the laws, procedure and resources of the local civilian jurisdictions in which their clients may pursue accountability". Why was this mandated?
Though they can't appear in state court or make direct referrals, military victim counsel can still help by:
- Ensuring the right agency is investigating, and coordinating with civilian law enforcement on behalf of the victim
- Tracking forensic evidence collection if collected in the community
- Liaising with reluctant prosecutors and finding trauma informed expert witnesses
- Directing to pro bono and veterans' legal services via local and state bar associations
- Reaching out to National Guard Staff Judge Advocate/Legal Assistance Offices to help facilitate potential other legal resources
- Helping to prep the battlefield for potential civil litigation
Ruth's Truth: Even without jurisdiction, military and civilian legal teams should connect to ensure servicemembers and their families can get the support they deserve, even when not "officially entitled" to it. There is always something to do to help.