When a service member reports an alleged sexual offense, the military justice system does not leave that person to navigate the case alone. Congress created a dedicated lawyer for the victim, the Special Victims’ Counsel (SVC), known in the Navy and Marine Corps as Victims’ Legal Counsel (VLC). In a case charged under Article 120 of the Uniform Code of Military Justice (UCMJ), which covers rape and sexual assault, this attorney occupies a distinct position that is separate from both the prosecution and the defense. Understanding that position matters, because it shapes how an Article 120 case unfolds and what an accused service member can expect.
Where the role comes from
The Special Victims’ Counsel program is grounded in statute. Title 10 of the United States Code, section 1044e, directs each service Secretary to designate legal counsel to provide legal assistance to a victim of an alleged sex-related offense. The statute applies whether the victim has made a restricted report, which limits how widely the allegation is shared, or an unrestricted report, which triggers a full investigation. Eligibility generally tracks the rules for military legal assistance under section 1044, so the program primarily serves service members and, in defined circumstances, certain dependents and others.
The covered offenses include the sexual offenses grouped in the UCMJ, such as Article 120 (rape and sexual assault), Article 120b (offenses against children), and Article 120c (other sexual misconduct), along with attempts to commit those offenses. Because Article 120 cases sit squarely within that list, victims in these prosecutions are entitled to request an SVC.
What the Special Victims’ Counsel actually does
The SVC represents the victim’s interests, and only the victim’s interests. This is the single most important point to grasp. The prosecutor, called trial counsel, represents the United States and works for the command and the government. The SVC does not. The SVC’s client is the alleged victim, and the SVC owes that person the ordinary duties of an attorney, including loyalty and confidentiality.
In practical terms, the SVC advises the victim throughout the process. That includes explaining the difference between restricted and unrestricted reporting, describing how an investigation works, and outlining the stages of a court-martial. The SVC counsels the victim about the victim’s own potential legal exposure, for example collateral conduct that surfaces during an investigation, and about the victim’s right to consult military defense services if that becomes relevant. The SVC also helps the victim understand privacy protections, including the rules that limit disclosure of a victim’s mental health and sexual history.
A central function is giving the victim a voice. Where the law gives a victim the right to be heard in connection with the prosecution, the victim may exercise that right through counsel, including the SVC. The SVC can speak for the victim on matters such as the handling of the case, participation in proceedings, and the victim’s views at sentencing where the rules allow.
The Special Victims’ Counsel at the Article 32 hearing and at trial
Article 120 charges that proceed toward a general court-martial ordinarily pass through an Article 32 preliminary hearing. At that hearing the victim cannot be compelled to testify, a protection added by reform of the preliminary hearing process. The SVC advises the victim on whether to testify and represents the victim’s interests if questions arise about the scope of inquiry into the victim’s background. The SVC can assert the victim’s privacy interests, including objections grounded in Military Rule of Evidence 412, which restricts evidence of a victim’s other sexual behavior or predisposition.
At trial, the SVC continues to protect those interests. The SVC may litigate, on the victim’s behalf, motions that touch the victim’s privacy, such as defense efforts to obtain or admit privileged records or to introduce sexual history evidence. The SVC is not a second prosecutor and does not present the government’s case, but the SVC can appear and be heard on issues that affect the victim’s rights.
What the role is not
It helps to be precise about the limits. The SVC does not decide whether to prefer or refer charges; that authority lies with the command and the convening authority, advised by the prosecution. The SVC does not control the prosecution’s strategy. And the SVC does not represent the accused. An accused service member facing Article 120 charges has separate counsel, either detailed military defense counsel or retained civilian counsel, and should never look to the victim’s SVC for advice.
For the accused, the presence of an SVC changes the dynamics of a case. The victim now has independent legal advice and an advocate for privacy and participation rights. Defense efforts to reach a victim, to obtain the victim’s records, or to probe the victim’s background will often be met by the SVC asserting the victim’s interests. Defense counsel must account for that reality in building a strategy.
Why this matters
The Special Victims’ Counsel reflects a deliberate policy choice to give victims of sexual offenses their own lawyer within a system that otherwise pits the government against the accused. In Article 120 cases, the SVC advises the victim, safeguards privacy, and channels the victim’s right to be heard, all without becoming part of the prosecution. For a service member accused under Article 120, the takeaway is straightforward. The victim has counsel devoted entirely to the victim, and the accused needs equally dedicated counsel of his or her own. Anyone facing these charges, or supporting someone who is a victim, should seek qualified military legal advice early, because the roles in these cases are distinct and the stakes are high.
Disclaimer
This article is provided strictly for general educational and informational purposes. It is intended to explain how the Uniform Code of Military Justice (UCMJ), the Rules for Courts-Martial, the Military Rules of Evidence, and related military administrative processes work as a matter of public legal education. It does not constitute legal advice, a legal opinion, or a recommendation about any particular case, and it is not a substitute for advice from a qualified military defense attorney who can evaluate the specific facts and command, service, and jurisdictional circumstances involved.
Reading this article, or contacting any website on which it appears, does not create an attorney-client relationship between the reader and any law firm, attorney, or author. Every court-martial, nonjudicial punishment action, administrative separation, and security-clearance matter turns on its own facts, the charged articles, the convening authority, the service branch, and the evidence, and outcomes vary widely from one case to another.
Military law also changes over time. The Military Justice Act of 2016 (effective January 1, 2019) and subsequent National Defense Authorization Acts renumbered and rewrote many punitive articles, revised the Article 32 preliminary hearing, and altered sentencing, clemency, and appellate procedures. Statutes, regulations, executive orders, the Manual for Courts-Martial, and decisions of the service Courts of Criminal Appeals and the Court of Appeals for the Armed Forces may have been amended, superseded, or reinterpreted after this article was written, and article numbers or procedures cited here may have changed.
For these reasons, no reader should act or decline to act based on this content without first consulting a licensed attorney experienced in military justice about their own situation. The author and publisher make no warranty, express or implied, as to the accuracy, completeness, timeliness, or current applicability of the information provided, and disclaim any liability for any action taken or not taken in reliance on it. If you are facing investigation, charges, or an adverse administrative action, time limits may apply, and you should seek qualified counsel promptly.