II 

113TH CONGRESS 

1ST SESSION S. 871 

To amend title 10, United States Code, to enhance assistance for victims 

of sexual assault committed by members of the Armed Forces, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 7, 2013 

Mrs. MURRAY (for herself, Ms. AYOTTE, and Mr. BLUMENTHAL) introduced 

the following bill; which was read twice and referred to the Committee 

on Armed Services 

A BILL 

To amend title 10, United States Code, to enhance assistance 

for victims of sexual assault committed by members of 

the Armed Forces, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Combating Military 

5 Sexual Assault Act of 2013’’. 


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1 SEC. 2. SPECIAL VICTIMS’ COUNSEL FOR VICTIMS OF SEX2 UAL ASSAULT COMMITTED BY MEMBERS OF 

3 THE ARMED FORCES. 

4 (a) SPECIAL VICTIMS’ COUNSEL FOR VICTIMS OF

5 SEXUAL ASSAULT COMMITTED BY MEMBERS OF THE

6 ARMED FORCES.— 

7 (1) IN GENERAL.—Not later than 180 days 

8 after the date of the enactment of this Act, the Sec9 retaries of the military departments shall each im10 plement a program on the provision of a Special Vic11 tims’ Counsel to victims of a sexual assault com12 mitted by a member of the Armed Forces. 

13 (2) QUALIFICATION.—An individual may not be 

14 designated as a Special Victims’ Counsel under this 

15 subsection unless the individual is— 

16 (A) a judge advocate who is a graduate of 

17 an accredited law school or is a member of the 

18 bar of a Federal court or the highest court of 

19 a State; and 

20 (B) is certified as competent to be des21 ignated as a Special Victims’ Counsel by the 

22 Judge Advocate General of the Armed Force of 

23 which the individual is a member. 

24 (3) DUTIES.— 

25 (A) IN GENERAL.—Subject to subpara26 graph (C), the duties of a Special Victims’ 


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1 Counsel shall include the provision of legal ad2 vice and assistance to a victim in connection 

3 with criminal and civil legal matters related to 

4 the sexual assault committed against the victim, 

5 including the following: 

6 (i) Legal advice and assistance re7 garding criminal liability of the victim. 

8 (ii) Legal advice and assistance re9 garding the victim’s responsibility to tes10 tify, and other duties to the court. 

11 (iii) Legal advice regarding the poten12 tial for civil litigation against other parties 

13 (other than the Department of Defense). 

14 (iv) Legal advice regarding any pro15 ceedings of the military justice process 

16 which the victim may observe. 

17 (v) Legal advice and assistance re18 garding any proceeding of the military jus19 tice process in which the victim may par20 ticipate as a witness or other party. 

21 (vi) Legal advice and assistance re22 garding available military or civilian re23 straining or protective orders. 


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1 (vii) Legal advice and assistance re2 garding available military and veteran ben3 efits. 

4 (viii) Legal assistance in personal civil 

5 legal matters in connection with the sexual 

6 assault in accordance with section 1044 of 

7 title 10, United States Code. 

8 (ix) Such other legal advice and as9 sistance as the Secretary of the military 

10 department concerned shall specify for 

11 purposes of the program implemented 

12 under this subsection. 

13 (B) NATURE OF RELATIONSHIP.—The re14 lationship between a Special Victims’ Counsel 

15 and a victim in the provision of legal advice and 

16 assistance shall be the relationship between an 

17 attorney and client. 

18 (b) ASSISTANCE AND REPORTING.— 

19 (1) ASSISTANCE.—Section 1565b of title 10, 

20 United States Code, is amended— 

21 (A) by redesignating subsection (b) as sub22 section (c); and 

23 (B) by inserting after subsection (a) the 

24 following new subsection (b): 


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1 ‘‘(b) AVAILABILITY OF SPECIAL VICTIMS’ COUNSEL

2 FOR VICTIMS OF SEXUAL ASSAULT COMMITTED BY MEM3 BERS OF THE ARMED FORCES.—(1) A member of the 

4 armed forces, or a dependent of a member, who is the 

5 victim of a sexual assault described in paragraph (2) may 

6 be provided assistance by a Special Victims’ Counsel. 

7 ‘‘(2) A sexual assault described in this paragraph is 

8 any offense if alleged to have been committed by a member 

9 of the armed forces as follows: 

10 ‘‘(A) Rape or sexual assault under section 920 

11 of this title (article 120 of the Uniform Code of Mili12 tary Justice). 

13 ‘‘(B) An attempt to commit an offense specified 

14 in subparagraph (A) as punishable under section 

15 880 of this title (article 80 of the Uniform Code of 

16 Military Justice). 

17 ‘‘(3) A member of the armed forces or dependent who 

18 is the victim of sexual assault described in paragraph (2) 

19 shall be informed of the availability of assistance under 

20 paragraph (1) as soon as the member or dependent seeks 

21 assistance from a Sexual Assault Response Coordinator, 

22 a Sexual Assault Victim Advocate, a military criminal in23 vestigator, a victim/witness liaison, a trial counsel, health 

24 care providers, or any other personnel designated by the 

25 Secretary of the military department concerned for purVerDate Mar 15 2010 02:55 May 08, 2013 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S871.IS S871

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1 poses of this paragraph. The member or dependent shall 

2 also be informed that the assistance of a Special Victims’ 

3 Counsel under paragraph (1) is optional and may be de4 clined, in whole or in part, at any time. 

5 ‘‘(4) Assistance of a Special Victims’ Counsel under 

6 paragraph (1) shall be available to a member or dependent 

7 regardless of whether the member or dependent elects un8 restricted or restricted (confidential) reporting of the sex9 ual assault.’’. 

10 (2) REPORTING.—Subsection (c) of such sec11 tion, as redesignated by paragraph (1)(A) of this 

12 subsection, is further amended in paragraph (2)— 

13 (A) by redesignating subparagraph (C) as 

14 subparagraph (D); and 

15 (B) by inserting after subparagraph (B) 

16 the following new subparagraph (C): 

17 ‘‘(C) A Special Victims’ Counsel.’’. 

18 (c) CONFORMING AMENDMENTS TO AUTHORITY ON

19 SARC, SAVA, AND RELATED ASSISTANCE.—Subsection 

20 (a) of such section is amended— 

21 (1) in paragraph (1), by striking ‘‘may’’ and in22 serting ‘‘shall, upon request,’’; and 

23 (2) in paragraph (2)— 


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1 (A) by inserting ‘‘a Special Victims’ Coun2 sel,’’ after ‘‘a Sexual Assault Victim Advocate,’’; 

3 and 

4 (B) by striking ‘‘or a trial counsel’’ and in5 serting ‘‘a trial counsel, health care providers, 

6 or any other personnel designated by the Sec7 retary of the military department concerned for 

8 purposes of this paragraph’’. 

9 (d) CONFORMING AND CLERICAL AMENDMENTS.— 

10 (1) HEADING AMENDMENT.—The heading of 

11 such section is amended to read as follows: 

12 ‘‘§ 1565b. Victims of sexual assault: access to legal as13 sistance and services of Sexual Assault 

14 Coordinators, Sexual Assault Victim Ad15 vocates, and Special Victims’ Counsels’’. 

16 (2) TABLE OF SECTIONS.—The table of sections 

17 at the beginning of chapter 80 of such title is 

18 amended by striking the item relating to section 

19 1565b and inserting the following new item: 

‘‘1565b. Victims of sexual assault: access to legal assistance and services of Sexual Assault Coordinators, Sexual Assault Victim Advocates, 

and Special Victims’ Counsels.’’. 


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1 SEC. 3. ENHANCED RESPONSIBILITIES OF SEXUAL AS2 SAULT PREVENTION AND RESPONSE OFFICE 

3 FOR DEPARTMENT OF DEFENSE SEXUAL AS4 SAULT PREVENTION AND RESPONSE PRO5 GRAM. 

6 (a) IN GENERAL.—Section 1611(b) of the Ike Skel7 ton National Defense Authorization Act for Fiscal Year 

8 2011 (10 U.S.C. 1561 note) is amended by striking 

9 ‘‘shall—’’ and all that follows and inserting ‘‘shall do the 

10 following: 

11 ‘‘(1) Oversee development and implementation 

12 of the comprehensive policy for the Department of 

13 Defense sexual assault prevention and response pro14 gram, including guidance and assistance for the 

15 military departments in addressing matters relating 

16 to sexual assault prevention and response. 

17 ‘‘(2) Serve as the single point of authority, ac18 countability, and oversight for the sexual assault 

19 prevention and response program. 

20 ‘‘(3) Undertake responsibility for the oversight 

21 of the implementation of the sexual assault preven22 tion and response program by the Armed Forces. 

23 ‘‘(4) Collect and maintain data of the military 

24 departments on sexual assault in accordance with 

25 section 1615. 


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1 ‘‘(5) Provide oversight to ensure that the mili2 tary departments maintain documents relating to 

3 the following: 

4 ‘‘(A) Allegations and complaints of sexual 

5 assault involving members of the Armed Forces. 

6 ‘‘(B) Courts-martial or trials of members 

7 of the Armed Forces for offenses relating to 

8 sexual assault. 

9 ‘‘(6) Act as liaison between the Department of 

10 Defense and other Federal and State agencies on 

11 programs and efforts relating to sexual assault pre12 vention and response. 

13 ‘‘(7) Oversee development of strategic program 

14 guidance and joint planning objectives for resources 

15 in support of the sexual assault prevention and re16 sponse program, and make recommendations on 

17 modifications to policy, law, and regulations needed 

18 to ensure the continuing availability of such re19 sources. 

20 ‘‘(8) Provide to the Secretary of Veterans Af21 fairs any records or documents on sexual assault in 

22 the Armed Forces, including restricted reports with 

23 the approval of the individuals who filed such re24 ports, that are required by the Secretary for purVerDate Mar 15 2010 02:55 May 08, 2013 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S871.IS S871

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1 poses of the administration of the laws administered 

2 by the Secretary.’’. 

3 (b) COLLECTION AND MAINTENANCE OF DATA.— 

4 Subtitle A of title XVI of such Act (10 U.S.C. 1561 note) 

5 is amended by adding at the end the following new section: 

6 ‘‘SEC. 1615. COLLECTION AND MAINTENANCE OF DATA OF 

7 MILITARY DEPARTMENTS ON SEXUAL AS8 SAULT PREVENTION AND RESPONSE. 

9 ‘‘In carrying out the requirements of section 

10 1611(b)(4), the Director of the Sexual Assault Prevention 

11 and Response Office shall do the following: 

12 ‘‘(1) Collect from each military department on 

13 a quarterly and annual basis data of such military 

14 department on sexual assaults involving members of 

15 the Armed Forces in a manner consistent with the 

16 policy and procedures developed pursuant to section 

17 586 of the National Defense Authorization Act for 

18 Fiscal Year 2012 (10 U.S.C. 1561 note) that pro19 tect the privacy of individuals named in records and 

20 the status of records. 

21 ‘‘(2) Maintain data collected from the military 

22 departments under paragraph (1). 

23 ‘‘(3) Assemble from the data collected and 

24 maintained under this section quarterly and annual 


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1 reports on the involvement of members of the Armed 

2 Forces in incidents of sexual assault. 

3 ‘‘(4) Develop metrics to measure the effective4 ness of, and compliance with, training and aware5 ness objectives of the military departments on sexual 

6 assault prevention and response. 

7 ‘‘(5) Establish categories of information to be 

8 provided by the military departments in connection 

9 with reports on sexual assault prevention and re10 sponse, including, but not limited to, the annual re11 ports required by section 1631, and ensure that the 

12 submittals of the military departments for purposes 

13 of such reports include data within such cat14 egories.’’. 

15 (c) ELEMENT ON UNIT OF ACCUSED AND VICTIM IN

16 CASE SYNOPSES IN ANNUAL REPORT ON SEXUAL AS17 SAULTS.— 

18 (1) IN GENERAL.—Section 1631(f) of such Act 

19 (10 U.S.C. 1561 note) is amended— 

20 (A) by redesignating paragraphs (5) and 

21 (6) as paragraphs (6) and (7), respectively; and 

22 (B) by inserting after paragraph (4) the 

23 following new paragraph (5): 

24 ‘‘(5) The case synopsis shall indicate the unit of 

25 each member of the Armed Forces accused of comVerDate Mar 15 2010 02:55 May 08, 2013 Jkt 029200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S871.IS S871

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1 mitting a sexual assault and the unit of each mem2 ber of the Armed Forces who is a victim of sexual 

3 assault.’’. 

4 (2) APPLICATION OF AMENDMENTS.—The 

5 amendments made by paragraph (1) shall apply be6 ginning with the report regarding sexual assaults in7 volving members of the Armed Forces required to be 

8 submitted by March 1, 2014, under section 1631 of 

9 the Ike Skelton National Defense Authorization Act 

10 for Fiscal Year 2011. 

11 SEC. 4. DISPOSITION AND OTHER REQUIREMENTS FOR 

12 RAPE AND SEXUAL ASSAULT OFFENSES 

13 UNDER THE UNIFORM CODE OF MILITARY 

14 JUSTICE. 

15 (a) DISPOSITION AND OTHER REQUIREMENTS.— 

16 (1) IN GENERAL.—Subchapter VI of chapter 47 

17 of title 10, United States Code (the Uniform Code 

18 of Military Justice), is amended by inserting after 

19 section 830 (article 30) the following new section 

20 (article): 

21 ‘‘§ 830a. Art. 30a. Rape and sexual assault offenses: 

22 disposition and other requirements 

23 ‘‘(a) IN GENERAL.—Notwithstanding any other pro24 vision of this chapter, charges on offenses specified in sub25 section (b) shall be subject to the disposition requirement 


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1 in subsection (c) and subject to the other requirements 

2 and limitations set forth this section. 

3 ‘‘(b) COVERED OFFENSES.—The charges on offenses 

4 specified in this subsection are charges on the offenses as 

5 follows: 

6 ‘‘(1) Rape or sexual assault under section 920 

7 of this title (article 120). 

8 ‘‘(2) An attempt to commit an offense specified 

9 in paragraph (1) as punishable under section 880 of 

10 this title (article 80). 

11 ‘‘(c) DISPOSITION REQUIREMENTS.—(1) Subject to 

12 paragraph (2), the charges on any offense specified in sub13 section (b) shall be referred to an appropriate authority 

14 for convening general courts-martial under section 822 of 

15 this title (article 22) for disposition. 

16 ‘‘(2) If the appropriate authority to which charges de17 scribed in paragraph (1) would be referred under that 

18 paragraph is a member with direct supervisory authority 

19 over the member alleged to have committed the offense, 

20 such charges shall be referred to a superior authority com21 petent to convene a general court-martial. 

22 ‘‘(d) VICTIM’S RIGHTS.—A victim of an offense speci23 fied in subsection (b) shall have rights as follows: 

24 ‘‘(1) To a Special Victims’ Counsel provided 

25 under section 1565b(b) of this title. 


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1 ‘‘(2) To have all communications between the 

2 victim and any Sexual Assault Response Coordi3 nator, Sexual Assault Victim Advocate, or Special 

4 Victims’ Counsel for the victim considered privileged 

5 communications for purposes of the case and any 

6 proceedings relating to the case.’’. 

7 (2) CLERICAL AMENDMENT.—The table of sec8 tions at the beginning of subchapter VI of chapter 

9 47 of such title (the Uniform Code of Military Jus10 tice) is amended by inserting after the item relating 

11 to section 830 (article 30) the following new item: 

‘‘830a. Art. 30a. Rape and sexual assault offenses: disposition and other requirements.’’. 

12 (b) REVISION OF MANUAL FOR COURTS-MARTIAL.— 

13 The Joint Service Committee on Military Justice shall 

14 amend the Manual for Courts-Martial to reflect the re15 quirements in section 830a of title 10, United States Code 

16 (article 830a of the Uniform Code of Military Justice), 

17 as added by subsection (b), including, in particular, sec18 tion 306 of the Manual relating to disposition of charges. 

19 SEC. 5. PROHIBITION ON SEXUAL ACTS AND CONTACT BE20 TWEEN CERTAIN MILITARY INSTRUCTORS 

21 AND THEIR TRAINEES. 

22 (a) PROHIBITION.—Section 920 of title 10, United 

23 States Code (article 120 of the Uniform Code of Military 

24 Justice), is amended— 


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1 (1) by redesignating subsections (e) through (g) 

2 as subsections (f) through (h); respectively; and 

3 (2) by inserting after subsection (d) the fol4 lowing new subsection (e): 

5 ‘‘(e) SEXUAL ACTS AND SEXUAL CONTACT BETWEEN

6 CERTAIN MILITARY INSTRUCTORS AND TRAINEES.— 

7 ‘‘(1) ENHANCED PROHIBITION ON SEXUAL AS8 SAULT.—A military instructor who commits a sexual 

9 act upon a member of the armed forces while the 

10 member is undergoing basic training (or its equiva11 lent) or within 30 days after completing such train12 ing is guilty of sexual assault and shall be punished 

13 as a court-martial may direct. 

14 ‘‘(2) ENHANCED PROHIBITION ON ABUSIVE

15 SEXUAL CONTACT.—A military instructor who com16 mits or causes sexual contact upon or by a member 

17 of the armed forces while the member is undergoing 

18 basic training (or its equivalent), or within 30 days 

19 after completing such training, which instructor was 

20 not the spouse of the member at the member’s com21 mencement of such training, is guilty of abusive sex22 ual contact and shall be punished as a court-martial 

23 may direct. 

24 ‘‘(3) COVERED MILITARY INSTRUCTORS.—This 

25 subsection applies with respect to the following 


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1 members of the armed forces otherwise subject to 

2 this chapter: 

3 ‘‘(A) Drill Sergeants in the Army. 

4 ‘‘(B) Drill Instructors in the Marine 

5 Corps. 

6 ‘‘(C) Recruit Division Commanders in the 

7 Navy. 

8 ‘‘(D) Military Training instructors in the 

9 Air Force. 

10 ‘‘(E) Company Commanders in the Coast 

11 Guard. 

12 ‘‘(F) Such other members of the armed 

13 forces as the Secretary concerned may des14 ignate as having supervisory authority over new 

15 recruits undergoing basic training (or its equiv16 alent). 

17 ‘‘(4) CONSENT.—Lack of consent is not an ele18 ment and need not be proven in any prosecution 

19 under this subsection. Consent is not a defense for 

20 any conduct in issue in any prosecution under this 

21 subsection.’’. 

22 (b) CROSS REFERENCES TO DEFINITIONS.—Chapter 

23 47 of title 10, United States Code (the Uniform Code of 

24 Military Justice), is amended— 


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1 (1) in section 920b(h)(1) (article 120b(h)(1)), 

2 by striking ‘‘section 920(g) of this title (article 

3 120(g))’’ and inserting ‘‘section 920 of this title (ar4 ticle 120)’’; and 

5 (2) in section 920c(d)(1) (article 120c(d)(1)), 

6 by striking ‘‘section 920(g) of this title (article 

7 120(g)))’’ and inserting ‘‘section 920 of this title 

8 (article 120))’’. 

9 SEC. 6. AVAILABILITY OF SEXUAL ASSAULT RESPONSE CO10 ORDINATORS FOR MEMBERS OF THE NA11 TIONAL GUARD. 

12 (a) AVAILABILITY IN EACH NATIONAL GUARD STATE

13 AND TERRITORY.—Section 584(a) of the National De14 fense Authorization Act for Fiscal Year 2012 (Public Law 

15 112–81; 125 Stat. 1433; 10 U.S.C. 1561 note) is amend16 ed— 

17 (1) by redesignating paragraph (2) as para18 graph (3); and 

19 (2) by inserting after paragraph (1) the fol20 lowing new paragraph (2): 

21 ‘‘(2) AVAILABILITY IN EACH NATIONAL GUARD

22 STATE AND TERRITORY.—The National Guard of 

23 each State and Territory shall ensure that a Sexual 

24 Assault Response Coordinator is available at all 

25 times to the members of the National Guard of such 


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1 State or Territory. The Secretary of the Army and 

2 the Secretary of the Air Force may, in consultation 

3 with the Chief of the National Guard Bureau, assign 

4 additional Sexual Assault Response Coordinators in 

5 a State or Territory as necessary based on the re6 source requirements of National Guard units within 

7 such State or Territory. Any additional Sexual As8 sault Response Coordinator may serve on a full-time 

9 or part-time basis at the discretion of the assigning 

10 Secretary.’’. 

11 (b) AVAILABILITY TO PROVIDE ASSISTANCE FOR

12 MEMBERS OF THE NATIONAL GUARD IN STATE STA13 TUS.—Section 1565b of title 10, United States Code, as 

14 amended by section 2 of this Act, is further amended in 

15 subsection (a)— 

16 (1) by redesignating paragraphs (2) and (3) as 

17 paragraphs (3) and (4), respectively; and 

18 (2) by inserting after paragraph (1) the fol19 lowing new paragraph (2): 

20 ‘‘(2) In the case of a member of the National Guard 

21 in State status under title 32 who is the victim of a sexual 

22 assault, assistance provided by a Sexual Assault Response 

23 Coordinator shall be provided by the Sexual Assault Re24 sponse Coordinator Assistance available in the State or 

25 Territory concerned under paragraph (2) of section 584(a) 


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1 of the National Defense Authorization Act for Fiscal Year 

2 2012 (10 U.S.C. 1561 note), but, with the approval of 

3 the Secretary of the Army or the Secretary of the Air 

4 Force, as applicable, may also be provided by Sexual As5 sault Response Coordinator assigned under paragraph (1) 

6 of that section.’’. 

Æ 


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