Special Victims’ Counsel (SVC) participate in Article 32 hearings representing victim interests, though their role remains limited compared to party counsel. SVCs may accompany victims during testimony, consult during breaks, and assert privileges or objections protecting victim rights. Direct examination or cross-examination by SVCs isn’t authorized, working instead through trial counsel to address concerns.
Specific participation includes objecting to MRE 412 evidence about sexual history, asserting counseling privileges, and requesting appropriate victim accommodations. SVCs may submit written matters for PHO consideration regarding victim privacy concerns or disposition preferences. Consultation opportunities ensure victims understand proceedings and their rights throughout hearings.
Practical dynamics require coordination between SVCs and trial counsel avoiding disruption while ensuring victim voice. PHOs must balance victim rights with accused’s preliminary hearing entitlements. Some jurisdictions permit expanded SVC participation through arguments about victim impact, though practice varies.
Evolution continues toward greater victim participation recognition while maintaining hearings’ investigative focus on probable cause and disposition. SVC presence provides victim support navigating unfamiliar military justice procedures. The role acknowledges victim stakes in proceedings while preserving traditional party structure. Effective SVC participation enhances victim cooperation and informed convening authority decisions considering all interests.