FY2012 - Military Justice Report - Headquarters Marine Corps

U.S. MARINE CORPS MILITARY JUSTICE REPORT FOR FISCAL YEAR 2012National Defense Authorization Act for Fiscal Year 2012 (Pub. L. No. 112-81). In Section 573,the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. No. 112-239) gives eachmilitary department a year to establish a special victims capability.Though the Marine Corps is committed to ensuring that all victims have their concernsaddressed and their rights protected throughout the military justice process, in FY 12 significantattention was paid to shoring up sexual assault victims’ considerations. The reorganization is amajor part of the Marine Corps’s strategy in addressing these matters. The RTC office and itsCTT provide the Marine Corps with a special victims capability. The selection of seasonedprofessional prosecutors, along with an HQE, in the CTT has created a robust means ofpreparing for and prosecuting cases involving special victims, be they victims of sexual assault,domestic violence, or other cases envisioned under the new law. Additional complementaryinitiatives will increase the Marine Corps’s effectiveness in meeting the mission requirement fora special victims capability as well. Major training initiatives have a significant focus on specialvictims. Marine Corps trial counsel, in particular, are being trained specifically in sexual assaultprosecution, where periods of instruction are devoted to interacting with sexual assault victims,preserving their rights and addressing their concerns.Reforms over the past year have also greatly expanded the capacity of the Marine Corpsto support victims in all cases under the Victim-Witness Assistance Program (VWAP). In FY12,the Marine Corps began revising its VWAP order and implemented a Commanding General’sInspection Program (CGIP) functional area checklist used to ensure compliance with theVWAP.Inclusion of VWAP in CGIP inspections will ensure that commanding generals Marine Corpswideare holding their subordinate leaders responsible and accountable for proper execution ofthe Marine Corps VWAP. Finally, VWAP training opportunities have increased across thespectrum of professionals involved in responding to and prosecuting sexual assault cases. Fromvictim advocates, to investigators, to prosecutors and legal services specialists, the Marine Corpshas focused this year, under the Commandant’s SAPR Campaign Plan, on ensuring that trainingis adequate to meet the requirement to address the needs of victims and witnesses, with theutmost regard for their rights and comfort with the process.4