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UNCLASSIFIED ROUTINE R 312011Z JUL 15 FM SECNAV WASHINGTON DC TO ALNAV INFO SECNAV WASHINGTON DC CNO WASHINGTON DC CMC WASHINGTON DC BT UNCLAS ALNAV 061/15 MSGID/GENADMIN/SECNAV WASHINGTON DC/-/JUL// SUBJ/NEW REQUIREMENT TO CONSIDER A VICTIMS PREFERENCE FOR PROSECUTION BY COURT-MARTIAL OR CIVILIAN COURT// REF/A/DOC/SECDEF/30APR15// REF/B/DOC/FY-15NDAA/19DEC14// REF/C/JAG/26JUN12// REF/D/DOC/NAVADMIN/28JUN12// REF/E/SJA/LEGADMINMAN/10FEB14 NARR/REF A IS SECDEF MEMO IMPLEMENTATION OF SECTION 534(B)(1) OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FY-15 OF 30 APR 15. REF B IS THE FY-15 NATIONAL DEFENSE AUTHORIZATION ACT (NDAA). REF C IS JAGINST 5800.7F, MANUAL OF THE JUDGE ADVOCATE GENERAL (JAGMAN). REF D IS NAVADMIN IMPLEMENTING THE SEXUAL ASSAULT INITIAL DISPOSITION AUTHORITY IN THE NAVY. REF E IS LEGADMINMAN, MCO P5800.16A CH 7, MARINE CORPS MANUAL FOR LEGAL ADMINISTRATION PARA 1110 DISCUSSING THE SEXUAL ASSAULT INITIAL DISPOSITION AUTHORITY IN THE MARINE CORPS // RMKS/1. In reference (a), the Secretary of Defense directed implementation of Section 534(b)(1) of reference (b) to establish a process to ensure consultation with the victim of an alleged sex-related offense that occurs in the United States regarding whether the victim would prefer the offense be prosecuted by court-martial or in a civilian court with jurisdiction of the offense. 2. In accordance with reference (a), Section 0128 of reference (c) is amended to insert the following new subsection (a): Consideration of a Victims preference in prosecution venue a. For alleged sex-related offenses committed in the United States, the victim of the sex-related offense shall be provided an opportunity to express views as to whether the offense should be prosecuted by court-martial or in a civilian court with jurisdiction over the offense. b. The cognizant commander shall consider the victims preference for jurisdiction, if available, prior to making an initial disposition decision. The victims views are not binding on that commander. c. The cognizant commander should continue to consider the views of the victim as to jurisdiction until final disposition of the case. d. If the victim of an alleged sex-related offense expresses a preference for prosecution of the offense in a civilian court, the cognizant commander shall ensure that the civilian authority with jurisdiction over the offense is notified of the victims preference for civilian prosecution. e. The cognizant commander shall ensure the victim is notified should the commander learn of any decision by the civilian authority to prosecute or not prosecute the offense in civilian court. f. For purposes of this ALNAV: (1) A sex-related offense means any allegation of a violation of Article 120, 120a, 120b, 120c, or 125 or any attempt thereof under Article 80, Uniformed Code of Military Justice. (2) Victim is defined as an individual who has suffered direct physical, e motional, or pecuniary harm as a result of the commission of an alleged sex-related offense. (3) Cognizant Commander means the Sexual Assault Initial Disposition Authority (SA-IDA), General Court-Martial Convening Authority, or any other appropriate commander taking action on the case. 3. Released by Ray Mabus, Secretary of the Navy.// BT #0001 NNNN UNCLASSIFIED//
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