Bill > S1775

This bill, titled the Victims Protection Act of 2013, aims to significantly enhance the Department of Defense's (DoD) sexual assault prevention and response programs and activities, as well as address related military justice matters. Key provisions include prohibiting individuals convicted of certain sexual offenses, such as rape or sexual assault, from serving in the Armed Forces; allowing for the temporary administrative reassignment or removal of service members accused of sexual assault to maintain good order and discipline; and ensuring that the Coast Guard considers requests for transfers from victims of sexual assault. The bill also mandates the inclusion of information on substantiated sexual-related offenses in personnel records, strengthens the responsibilities of the DoD's Sexual Assault Prevention and Response Office (SAPRO), and calls for a comprehensive review of sexual assault prevention and response training for all service members. Furthermore, it expands the availability of Sexual Assault Response Coordinators (SARCs) to members of the National Guard and Reserves, clarifies the retention of reports related to sexual assaults, and establishes the role of Special Victims Counsel (SVCs) to provide legal assistance to victims. The bill also emphasizes commanding officers' responsibility for fostering a command climate free of retaliation, requires immediate action on reports of sexual offenses, and directs investigations into allegations of retaliation. It advances deadlines for reports on military response systems to sexual assault, expands the duties of independent panels reviewing these systems to include assessments of clemency and offender databases, and mandates assessments of compensation and restitution for victims. Additionally, the bill ensures that these enhancements apply to military service academies and promotes collaboration between the DoD and the Department of Justice (DOJ) to prevent and respond to sexual assault. In terms of military justice, it eliminates the five-year statute of limitations for certain sex-related crimes, mandates reviews of decisions not to prosecute sexual offenses, and allows defense counsel to interview complaining witnesses only in the presence of trial counsel or outside counsel. The bill also introduces mandatory discharge or dismissal for certain sex-related offenses and limits the convening authority's power to modify court-martial findings, while allowing complaining witnesses to participate in the clemency phase of courts-martial. It requires a report on prohibiting sexual acts between instructors and trainees, expresses the Senate's view on prosecuting sexual misconduct through courts-martial, and discourages discharges in lieu of court-martial for sexual offenses. Finally, it prohibits retaliation against service members for reporting criminal offenses, extends crime victim rights to victims of offenses under the Uniform Code of Military Justice (UCMJ), modifies the Manual for Courts-Martial to de-emphasize an accused's character and military service in initial offense disposition, and establishes preliminary hearings for alleged offenses under the UCMJ.