Victims' Bill of Rights


	Victims' Bill of Rights DoD Instruction 1030.02 includes a DoD Victims' Bill of Rights which resembles the Federal Crime Victims' Bill of Rights. DoD law enforcement and legal personnel directly engaged in the detection, investigation, or prosecution of crimes are responsible for ensuring that victims of military-related crime are accorded the following rights: Be reasonably protected from the accused. Be provided with reasonable, accurate, and timely notice of: A public hearing concerning the continuation of confinement before the trial of the accused. A preliminary hearing pursuant to Article 32 of the UCMJ relating to the offense. A court-martial relating to the offense. A post-trial motion, filing, or hearing that may address the finding or sentence of a court-martial with respect to the accused, may unseal privileged or private information of the victim, or may result in the accused's release. A public proceeding of the Military Department Clemency and Parole Board relating to the offense. The release or escape of the accused, unless such notice may endanger any person's safety. Be present at, and not be excluded from, any public hearing or proceeding described above, unless the military judge or preliminary hearing officer determines, after receiving clear and convincing evidence, that testimony by the victim would be materially altered if the victim observed that hearing or proceeding. Be reasonably heard, personally or through counsel, at: A public hearing concerning the continuation of confinement before the court-martial of the accused. Preliminary hearings conducted pursuant to Article 32 of the UCMJ and court-martial proceedings relating to Rules 412, 513, and 514 of the Military Rules of Evidence or regarding other rights provided by statute, regulation, or case law. A sentencing hearing relating to the offense. A public Military Department Clemency and Parole Board hearing relating to the offense. A victim may make a personal appearance before the Military Department Clemency and Parole Board or submit an audio, video, or written statement. Confer with the attorney for the U.S. Government in the case. This will include the reasonable right to confer with the attorney for the U.S. Government at any proceeding described in bullet point (2) above. Victims who are eligible for legal assistance may consult with a military legal assistance attorney in accordance with DoDI 1030.02 Paragraph 3.4. Victims of an alleged sex-related offense, who are eligible for legal assistance pursuant to Military Department or National Guard Bureau policies or Sections 1044 or 1044e of Title 10, U.S.C., may consult with an SVC/VLC/VC in accordance with DoDI 1030.02 Paragraph 3.5. All victims may seek the advice of a private attorney at their own expense. Receive restitution as provided in accordance with State and Federal law. Proceedings free from unreasonable delay. Be informed in a timely manner of any plea agreement, separation-in-lieu-of-trial agreement, or non-prosecution agreement relating to the offense, unless providing such information would jeopardize a law enforcement proceeding or violate the privacy concerns of an individual other than the accused. Be treated with fairness and respect for their dignity and privacy. Express their views about disposition of the case to the commander or convening authority. Decline to testify at a preliminary hearing conducted pursuant to Article 32 of the UCMJ. Additionally, court-martial convening authorities, as well as clemency and parole boards, are directed to consider making restitution to the victim a condition of pretrial agreements, sentence reduction, clemency, and parole. They may consider victim statements on the impact of crime when reviewing a case. For further information on crime issues, see the DoD Victim and Witness Assistance Council web page. Note: Please ensure that the victim is aware of his or her rights as soon as possible in the process. If You Believe You Were the Victim of Reprisal, Retaliation, or Ostracism Federal law prohibits military members, civilian employees, and contractors from reprising, retaliating, or ostracizing individuals who report a crime or provide information relating to a criminal investigation. Prohibited actions may include taking, or threatening to take an unfavorable personnel action; withholding, or threatening to withhold a favorable personnel action; or socially ostracizing you for making a protected communication. If you believe someone has reprised, retaliated, or ostracized you for reporting a sexual assault or participating in a criminal investigation, contact your Sexual Assault Response Coordinator or the DoD IG Hotline. Important DoD Information Forms for Victims Victim and witness assistance programs throughout DoD use standard forms to advise victims and witnesses of their rights during all stages of a case. Each Military Service is also required to provide DoD an annual report indicating the numbers of victims and witnesses who have received assistance and services. The following lists the DoD forms, the title of the forms, purpose, and when to they are used. Initial Contact Provides notice to victims and witnesses on rights and information on the military justice system and points of contact. Initial Information for Victims and Witnesses of Crime (DD Form 2701) Prosecution Provides notice to victims and witnesses on rights during court-martial proceedings and process and during the command's decision-making process. Court-Martial Information for Victims and Witnesses of Crime (DD Form 2702) Post-Trial Information for Victims and Witnesses of Crime (DD Form 2703) Confinement Provides information to victims and witnesses on the offender's sentence, confinement status, clemency, and parole hearings and release from confinement. Victim/Witness Certification and Election Concerning Inmate Status (DD Form 2704) Victim/Witness Notification of Inmate Status (DD Form 2705)

DoD Instruction 1030.02 includes a DoD Victims' Bill of Rights which resembles the Federal Crime Victims' Bill of Rights. DoD law enforcement and legal personnel directly engaged in the detection, investigation, or prosecution of crimes are responsible for ensuring that victims of military-related crime are accorded the following rights:

Be reasonably protected from the accused.
Be provided with reasonable, accurate, and timely notice of:
- A public hearing concerning the continuation of confinement before the trial of the accused.
- A preliminary hearing pursuant to Article 32 of the UCMJ relating to the offense.
- A court-martial relating to the offense.
- A post-trial motion, filing, or hearing that may address the finding or sentence of a court-martial with respect to the accused, may unseal privileged or private information of the victim, or may result in the accused's release.
- A public proceeding of the Military Department Clemency and Parole Board relating to the offense.
- The release or escape of the accused, unless such notice may endanger any person's safety.
Be present at, and not be excluded from, any public hearing or proceeding described above, unless the military judge or preliminary hearing officer determines, after receiving clear and convincing evidence, that testimony by the victim would be materially altered if the victim observed that hearing or proceeding.
Be reasonably heard, personally or through counsel, at:
- A public hearing concerning the continuation of confinement before the court-martial of the accused.
- Preliminary hearings conducted pursuant to Article 32 of the UCMJ and court-martial proceedings relating to Rules 412, 513, and 514 of the Military Rules of Evidence or regarding other rights provided by statute, regulation, or case law.
- A sentencing hearing relating to the offense.
- A public Military Department Clemency and Parole Board hearing relating to the offense. A victim may make a personal appearance before the Military Department Clemency and Parole Board or submit an audio, video, or written statement.
Confer with the attorney for the U.S. Government in the case. This will include the reasonable right to confer with the attorney for the U.S. Government at any proceeding described in bullet point (2) above.
1. Victims who are eligible for legal assistance may consult with a military legal assistance attorney in accordance with DoDI 1030.02 Paragraph 3.4.
2. Victims of an alleged sex-related offense, who are eligible for legal assistance pursuant to Military Department or National Guard Bureau policies or Sections 1044 or 1044e of Title 10, U.S.C., may consult with an SVC/VLC/VC in accordance with DoDI 1030.02 Paragraph 3.5.
3. All victims may seek the advice of a private attorney at their own expense.
Receive restitution as provided in accordance with State and Federal law.
Proceedings free from unreasonable delay.
Be informed in a timely manner of any plea agreement, separation-in-lieu-of-trial agreement, or non-prosecution agreement relating to the offense, unless providing such information would jeopardize a law enforcement proceeding or violate the privacy concerns of an individual other than the accused.
Be treated with fairness and respect for their dignity and privacy.
Express their views about disposition of the case to the commander or convening authority.
Decline to testify at a preliminary hearing conducted pursuant to Article 32 of the UCMJ.

Additionally, court-martial convening authorities, as well as clemency and parole boards, are directed to consider making restitution to the victim a condition of pretrial agreements, sentence reduction, clemency, and parole. They may consider victim statements on the impact of crime when reviewing a case.

For further information on crime issues, see the DoD Victim and Witness Assistance Council web page.

Note: Please ensure that the victim is aware of his or her rights as soon as possible in the process.

If You Believe You Were the Victim of Reprisal, Retaliation, or Ostracism

Federal law prohibits military members, civilian employees, and contractors from reprising, retaliating, or ostracizing individuals who report a crime or provide information relating to a criminal investigation. Prohibited actions may include taking, or threatening to take an unfavorable personnel action; withholding, or threatening to withhold a favorable personnel action; or socially ostracizing you for making a protected communication. If you believe someone has reprised, retaliated, or ostracized you for reporting a sexual assault or participating in a criminal investigation, contact your Sexual Assault Response Coordinator or the DoD IG Hotline.

Important DoD Information Forms for Victims

Victim and witness assistance programs throughout DoD use standard forms to advise victims and witnesses of their rights during all stages of a case. Each Military Service is also required to provide DoD an annual report indicating the numbers of victims and witnesses who have received assistance and services.

The following lists the DoD forms, the title of the forms, purpose, and when to they are used.

Initial Contact
Provides notice to victims and witnesses on rights and information on the military justice system and points of contact.

Initial Information for Victims and Witnesses of Crime (DD Form 2701)

Prosecution
Provides notice to victims and witnesses on rights during court-martial proceedings and process and during the command's decision-making process.

Confinement
Provides information to victims and witnesses on the offender's sentence, confinement status, clemency, and parole hearings and release from confinement.