Yes, a Special Victims’ Counsel (SVC), also known as a Victims’ Legal Counsel (VLC), can make objections on behalf of a protected witness during an Article 32 preliminary hearing. The SVC’s role is to represent the legal interests of the alleged victim, and this includes protecting them from improper or harassing questioning during legal proceedings.
The SVC’s ability to object is generally limited to matters that implicate the victim’s specific legal rights. For example, if defense counsel’s questions stray into the victim’s prior sexual history in violation of Military Rule of Evidence 412 (the rape shield rule), the SVC has standing to object. Similarly, if questions attempt to breach a legal privilege held by the victim, such as communications with a psychotherapist or a victim advocate, the SVC would object to protect that confidentiality.
The SVC does not typically object to questions based on general relevance or the form of the question, as those objections are the purview of the government’s trial counsel, who represents the United States’ interest in the prosecution. The SVC’s role is focused on the victim’s personal rights and dignity.
When an SVC makes an objection, the Preliminary Hearing Officer (PHO) must rule on it just as they would an objection from any other counsel. The presence and participation of an SVC in an Article 32 hearing adds another layer of legal advocacy, ensuring that the victim’s statutory and constitutional rights are asserted and protected throughout the pretrial process.