There are very strict restrictions on contacting an alleged victim during the post-trial clemency stage. After a conviction, the defense attorney will prepare a clemency petition for the convening authority, arguing for a reduction in the sentence. The defense attorney is absolutely prohibited from personally contacting the victim of the crime. Any such contact would be a serious ethical violation and could be seen as witness intimidation or harassment.
The victim, however, has their own right to submit a statement to the convening authority regarding the impact of the crime and their views on the sentence. This is typically done through the government’s prosecutor (the trial counsel) or a Victim’s Legal Counsel. The defense is not entitled to see this clemency submission from the victim unless the government chooses to provide it.
If the defense believes that the victim might now have information that is favorable to the accused—for example, if they have recanted their story or expressed a desire for a lenient sentence—the defense attorney cannot contact them directly. The proper procedure is to file a motion with the court or a request through the trial counsel, asking for a government agent (like a CID agent) or the Victim’s Legal Counsel to re-interview the victim about the specific issue. This ensures the contact is made through official, non-coercive channels.