R 012022Z NOV 13
UNCLASSIFIED/
MARADMIN 586/13
MSGID/GENADMIN/CMC WASHINGTON DC JA//
SUBJ/SEXUAL ASSAULT PREVENTION AND RESPONSE TRAINING REQUIREMENTS FOR JUDGE ADVOCATES AND SUPPORTING PERSONNEL//
REF/A/MSGID:  SECNAVINST 1752.4B//
REF/B/MSGID:  MCO 1752.5B//
REF/C/MSGID:  TITLE 10 U.S.C. SECTION 854//
REF/D/MSGID:  MCO 5800.14//
REF/E/MSGID:  SECDEF MEMORANDUM "SEXUAL ASSAULT PREVENTION AND RESPONSE" OF 14 AUG 2013//
REF/F/MSGID:  MARADMIN  583-13//
REF/G/MSGID:  MCO P5800.16A//
NARR/REF(A) IS SECNAVINST IMPLEMENTING THE SEXUAL ASSAULT PREVENTION AND RESPONSE (SAPR) PROGRAM, REF (B) IS MCO IMPLEMENTING THE SAPR PROGRAM, REF (C) IS ARTICLE 54, UNIFORM CODE OF MILITARY JUSTICE (UCMJ), ON THE RECORD OF TRIAL, REF (D) IS THE MARINE CORPS ORDER IMPLEMENTING THE VICTIM-WITNESS ASSISTANCE PROGRAM, REF (E) IS SECDEF MEMO MANDATING VICTIM LEGAL ADVOCACY, REF (F) IS MARADMIN ANNOUNCING THE ESTABLISHMENT OF THE VICTIMS' LEGAL COUNSEL ORGANIZATION, REF (G) IS THE MARINE CORPS MANUAL FOR LEGAL ADMINISTRATION//
POC/J. G. BAKER/COL/JAD/TEL:  703-693-9304//
GENTEXT/REMARKS/1.  PURPOSE.  THE PURPOSE OF THIS MARADMIN IS TO IMPLEMENT SEXUAL ASSAULT PREVENTION AND RESPONSE (SAPR) TRAINING REQUIREMENTS FOR JUDGE ADVOCATES AND LEGAL SUPPORT PERSONNEL INVOLVED IN THE MILITARY JUSTICE PROCESS OR IN PROVIDING SUPPORT TO VICTIMS OF SEXUAL ASSAULT, PURSUANT TO REFERENCES (A) THROUGH (F).
2.  BACKGROUND.  SEXUAL ASSAULT IS A CRIMINAL ACT THAT IS NOT TOLERATED IN THE MARINE CORPS.  SEXUAL ASSAULT CASES ARE HISTORICALLY AMONG THE MOST COMPLEX CASES TO PROSECUTE, DEFEND, AND ADVISE COMMANDERS ON DUE TO THE NATURE OF THE EVIDENCE, REQUIREMENTS FOR EXPERT TESTIMONY, AND THE NEED TO UNDERSTAND COMPLEX VICTIM BEHAVIORS.  THE DEPARTMENT OF THE NAVY AND THE MARINE CORPS REQUIRE ALL STAFF JUDGE ADVOCATES (SJA), LEGAL SERVICE SUPPORT SECTION (LSSS) AND LEGAL SERVICES SUPPORT TEAM (LSST) OFFICERS-IN-CHARGE (OIC), TRIAL COUNSEL, DEFENSE COUNSEL, VICTIMS' LEGAL COUNSEL, LEGAL ASSISTANCE ATTORNEYS, COURT REPORTERS, AND LEGAL SUPPORT PERSONNEL TO RECEIVE SPECIFIC TRAINING TO MEET THE CHALLENGES INVOLVED IN RESPONDING TO AND LITIGATING THESE COMPLEX AND DIFFICULT CASES.
3.  ACTION
A.  DEPUTY DIRECTOR, JUDGE ADVOCATE DIVISION FOR COMMUNITY DEVELOPMENT, STRATEGY, AND PLANS (CDSP).  IN COORDINATION WITH CMC (MFB):
(1) DEVELOP AN ANNUAL TRAINING PLAN AND SPECIFIC TRAINING PROGRAMS FOR SJAS, DEPUTY SJAS, LSSS AND LSST OICS, TRIAL COUNSEL, LEGAL ASSISTANCE ATTORNEYS, AND THEIR LEGAL SUPPORT PERSONNEL THAT COMPLY WITH THE REQUIREMENTS IN REFERENCES (A) AND (B).
(2) DEVELOP AN ANNUAL TRAINING PLAN AND SPECIFIC TRAINING PROGRAMS FOR COURT REPORTERS TO ALLOW THEM TO PREPARE RECORDS OF TRIAL IN SEXUAL ASSAULT CASES THAT COMPLY WITH THE REQUIREMENTS IN REFERENCE (C).
(3) ESTABLISH A STANDARDIZED SJA PROTOCOL TO ENSURE REQUIRED CASE DISPOSITION INFORMATION IS PROVIDED TO THE COMMAND/INSTALLATION SEXUAL ASSAULT RESPONSE COORDINATOR PURSUANT TO REFERENCES (A) AND (B).
(4) ENSURE THAT ALL VICTIM-WITNESS ASSISTANCE PERSONNEL ARE TRAINED TO ADDRESS THE SPECIAL CONCERNS AND ISSUES SURROUNDING SEXUAL ASSAULT VICTIMS PURSUANT TO REFERENCES (B) AND (D).
B.  CHIEF DEFENSE COUNSEL OF THE MARINE CORPS (CDC).  DEVELOP AN ANNUAL TRAINING PLAN AND SPECIFIC TRAINING PROGRAMS FOR DEFENSE COUNSEL AND THEIR LEGAL SUPPORT PERSONNEL THAT COMPLY WITH THE REQUIREMENTS IN REFERENCES (A) AND (B).
C.  OFFICER IN CHARGE, VICTIMS' LEGAL COUNSEL ORGANIZATION (OIC, VLCO).   IN ORDER TO COMPLY WITH REFERENCES (E) AND (F), DEVELOP AN ANNUAL TRAINING PLAN AND SPECIFIC TRAINING PROGRAMS FOR VICTIMS' LEGAL COUNSEL AND THEIR LEGAL SUPPORT PERSONNEL THAT COMPLY WITH BOTH THE LEGAL ASSISTANCE TRAINING REQUIREMENTS AND THE TRIAL AND DEFENSE COUNSEL TRAINING REQUIREMENTS IN REFERENCES (A) AND (B).  THIS TRAINING PLAN MUST ALSO ENSURE CERTIFICATION OF JUDGE ADVOCATES TO SERVE AS VICTIMS' LEGAL COUNSEL.
D.  MARFORS.  ALL MARFOR SJAS AND DEPUTY SJAS, INCLUDING SUBORDINATE UNIT SJAS AND DEPUTY SJAS, SHALL COMPLETE THE ANNUAL SAPR TRAINING REQUIRED IN REFERENCES (A) AND (B).
E. MCICOM
(1) ALL MCICOM SJAS, DEPUTY SJAS, AND LSSS AND LSST OICS SHALL COMPLETE THE ANNUAL SAPR TRAINING REQUIRED IN REFERENCES (A) AND (B).
(2) THE OIC, LSSS FOR EACH REGION (EAST, WEST, PACIFIC, AND NATIONAL CAPITAL) SHALL ENSURE THAT ALL TRIAL COUNSEL, DEFENSE COUNSEL, VICTIMS' LEGAL COUNSEL, LEGAL ASSISTANCE ATTORNEYS, AND THEIR LEGAL SUPPORT PERSONNEL RECEIVE THE APPROPRIATE ANNUAL SAPR TRAINING REQUIRED IN REFERENCES (A) AND (B).
(3) THE OIC, LSSS FOR EACH REGION SHALL ENSURE THAT ALL COURT REPORTERS RECEIVE THE APPROPRIATE TRAINING REQUIRED TO PREPARE VERBATIM RECORDS OF TRIAL IN SEXUAL ASSAULT CASES PURSUANT TO REFERENCE (C).
4.  COORDINATING INSTRUCTIONS
A.  ALL TRAINING WILL BE STANDARDIZED.  THE ONLY TRAINING AUTHORIZED TO SATISFY REFERENCES (A) AND (B) WILL BE THE TRAINING APPROVED BY CDSP, CDC, OR OIC, VLCO.
B.  DOCUMENTATION OF COMPLETED TRAINING MUST BE PROVIDED TO CDSP ON A QUARTERLY BASIS AND MAINTAINED AT THE RESPECTIVE DUTY LOCATION.
C.  THIS MARADMIN WILL BE INCORPORATED INTO AN UPDATE TO REFERENCE (G).
5.  RELEASE AUTHORIZED BY MAJGEN V. ARY, STAFF JUDGE ADVOCATE TO THE COMMANDANT OF THE MARINE CORPS.//