I 
113TH CONGRESS 
1ST SESSION H. R. 2002 
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 HOUSE OF REPRESENTATIVES 
MAY 15, 2013 
Mr. RYAN of Ohio (for himself, Ms. GRANGER, Ms. MCCOLLUM, Ms. KUSTER, 
Mrs. LOWEY, Ms. KAPTUR, Mr. COLE, and Mr. CRENSHAW) introduced 
the following bill; which was referred to the Committee on Armed Serv-
ices 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Combating Military 
Sexual Assault Act of 2013’’. 
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SEC. 2. SPECIAL VICTIMS’ COUNSEL FOR VICTIMS OF SEX-
UAL ASSAULT COMMITTED BY MEMBERS OF 
THE ARMED FORCES. 
(a) SPECIAL VICTIMS’ COUNSEL FOR VICTIMS OF 
SEXUAL ASSAULT COMMITTED
BY MEMBERS
OF
THE 
ARMED FORCES.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retaries of the military departments shall each im-
plement a program on the provision of a Special Vic-
tims’ Counsel to victims of a sexual assault com-
mitted by a member of the Armed Forces. 
(2) QUALIFICATION.—An individual may not be 
designated as a Special Victims’ Counsel under this 
subsection unless the individual is— 
(A) a judge advocate who is a graduate of 
an accredited law school or is a member of the 
bar of a Federal court or the highest court of 
a State; and 
(B) is certified as competent to be des-
ignated as a Special Victims’ Counsel by the 
Judge Advocate General of the Armed Force of 
which the individual is a member. 
(3) DUTIES.— 
(A) IN
GENERAL.—Subject to subpara-
graph (C), the duties of a Special Victims’ 
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Counsel shall include the provision of legal rep-
resentation to a victim in connection with crimi-
nal and civil legal matters related to the sexual 
assault committed against the victim, including 
the following: 
(i) Legal assistance regarding crimi-
nal liability of the victim. 
(ii) Legal assistance regarding the vic-
tim’s responsibility to testify, and other 
duties to the court. 
(iii) Legal assistance regarding the 
potential for civil litigation against other 
parties (other than the Department of De-
fense). 
(iv) Legal assistance regarding any 
proceeding in connection with the report-
ing, investigation, and prosecution of the 
sexual assault. 
(v) Legal assistance regarding civilian 
and military restraining and protective or-
ders. 
(vi) Legal assistance regarding avail-
able military and veteran benefits. 
(vii) Legal assistance in personal civil 
legal matters in connection with the sexual 
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assault in accordance with section 1044 of 
title 10, United States Code. 
(viii) Such other legal representation, 
advice, and assistance as the Secretary of 
the military department concerned shall 
specify for purposes of the program imple-
mented under this subsection. 
(B) NATURE OF RELATIONSHIP.—The re-
lationship between a Special Victims’ Counsel 
and a victim shall be the relationship between 
an attorney and client. 
(C) 
REPRESENTATION
EXCLUDED.—In 
providing legal representation, advice, and as-
sistance, a Special Victims’ Counsel may not 
provide legal representation or appearance in 
any court, or administrative hearing, except 
under the following circumstances: 
(i) To the extent that a victim has a 
right to be heard, in accordance with the 
Manual for Courts Martial, in proceedings 
under the Uniform Code of Military Jus-
tice, the Special Victims’ Counsel may pro-
vide that representation and appear on be-
half of the victim, unless excluded by the 
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Secretary of Defense in accordance with 
clause (ii). 
(ii) The Secretary of Defense may de-
termine to explicitly exclude Special Vic-
tims’ Counsel from appearing at a hearing 
at which a victim has a right to be heard, 
but, if Special Victims’ Counsel are to be 
excluded from certain hearings, the Sec-
retary of Defense shall submit a report to 
Congress at the time of implementation of 
this Act explaining why the appearance of 
Special Victim’s Counsel at the hearings 
would adversely affect the constitutional 
rights of the accused. 
(iii) To the extent such representation 
and appearance is allowed under regula-
tions promulgated by the Secretary of the 
military department concerned regarding 
the provision of legal assistance in accord-
ance with section 1044 of title 10, United 
States Code. 
(4) REVISION OF MANUAL FOR COURTS-MAR-
TIAL ON APPEARANCES BY SPECIAL VICTIM’S COUN-
SEL.—Not later than 180 days after the date of the 
enactment of this Act, the Manual for Courts-Mar-
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tial shall be revised to provide that military victims 
of crime, in proceedings under the Uniform Code of 
Military Justice, to the extent victims have a right 
to be heard, they have a right to be heard through 
counsel, if represented and if counsel is reasonably 
available, unless counsel are excluded by the Sec-
retary of Defense in accordance with clause (ii). 
(b) ASSISTANCE AND REPORTING.— 
(1) ASSISTANCE.—Section 1565b of title 10, 
United States Code, is amended— 
(A) by redesignating subsection (b) as sub-
section (c); and 
(B) by inserting after subsection (a) the 
following new subsection (b): 
‘‘(b) AVAILABILITY OF SPECIAL VICTIMS’ COUNSEL 
FOR VICTIMS OF SEXUAL ASSAULT COMMITTED BY MEM-
BERS OF THE ARMED FORCES.—(1) A member of the 
armed forces, or a dependent of a member, who is the 
victim of a sexual assault described in paragraph (2) may 
be provided assistance by a Special Victims’ Counsel. 
‘‘(2) A sexual assault described in this paragraph is 
any offense if alleged to have been committed by a member 
of the armed forces as follows: 
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‘‘(A) Any offense covered by section 920 of this 
title (article 120 of the Uniform Code of Military 
Justice). 
‘‘(B) An attempt to commit an offense specified 
in subparagraph (A) or (B) as punishable under sec-
tion 880 of this title (article 80 of the Uniform Code 
of Military Justice). 
‘‘(3) A member of the armed forces or dependent who 
is the victim of sexual assault described in paragraph (2) 
shall be informed of the availability of assistance under 
paragraph (1) as soon as the member or dependent seeks 
assistance from a Sexual Assault Response Coordinator, 
a Sexual Assault Victim Advocate, a military criminal in-
vestigator, a victim/witness liaison, a trial counsel, health 
care providers, or any other personnel designated by the 
Secretary of the military department concerned for pur-
poses of this paragraph. The member or dependent shall 
also be informed that the assistance of a Special Victims’ 
Counsel under paragraph (1) is optional and may be de-
clined, in whole or in part, at any time. 
‘‘(4) Assistance of a Special Victims’ Counsel under 
paragraph (1) shall be available to a member or dependent 
regardless of whether the member or dependent elects un-
restricted or restricted (confidential) reporting of the sex-
ual assault.’’. 
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